Terms and conditions

 

GENERAL TERMS & CONDITIONS

AVE a.s.

Main office: Pod Barvířkou 747/6, Praha 5, 150 00

VAT ID:  CZ00505641

 

1. Introductory Provisions

The General Terms and Conditions (hereinafter referred to as "GTC") regulate the mutual rights and obligations of the contracting parties arising in connection with or based on the purchase agreement between AVE a.s. (hereinafter referred to as the "provider" or the "company") and the client, i.e., a natural or legal person who orders the services (hereinafter referred to as the "customer").

In the event of a conflict between the provisions of contracts, including the company's standardized contracts, and the provisions of the GTC, the provisions of these contracts shall take precedence over the provisions of the GTC.

The GTC become part of the pre-contractual arrangements at the moment these negotiations begin between the provider and the customer, and part of the contracts at the moment of their conclusion.

1. Pre-Contractual Arrangements

 

1. Pre-contractual arrangements include ordering services, negotiating terms, and confirming the final order by the provider.

 

2. Service orders are made through the online reservation system, via email, or by phone. The order must clearly indicate who is placing it and what it concerns (type of services, date, price, payment method, etc.).

 

 

3. By confirming the order, the company expresses its agreement to provide the ordered services within the agreed scope, and at this moment, the contract between the provider and the customer is concluded.

 

4. If additional services are subsequently ordered by the customer or a designated representative, both the provider and the customer are obliged to proceed in accordance with this article. The provider commits to making maximum efforts to secure the additionally ordered services, but their provision is not guaranteed.

 

1. Obligations of the Contracting Parties

 

1. By concluding the contract, the company is obliged to provide the customer with the services agreed upon in the contract, and the customer is obliged to accept and pay for these services at the agreed price.

The prices of the services provided are listed in the online reservation system on the hotel's website, or they are specified to the client by the company through email or phone communication. The price for accommodation includes a 12% VAT. The price does not include the City tax, which determined by the Prague City Hall.

 

1. Check-In

 

1. Upon check-in, every guest must present an ID card or another valid identification document at the hotel reception. Each guest is required to fill out a hotel registration card, which serves as a record for the foreign police. After fulfilling these legal obligations, the reception will accommodate the guest and provide basic information about their stay.

 

2. An integral part of the general terms and conditions are the House Rules, which are posted at the reception or in the hotel lobby.

 

1. Basic Rights and Obligations of the Customer

 

1. Customer's Rights:
2. a) The right to proper provision of the contractually agreed and paid services.
3. b) The right to be informed of any changes in the contractually agreed services.
4. c) The right to withdraw from the contract before the start of the stay or the use of individual services according to Article VI.
5. d) The right to file a complaint about defects.

 

2. Customer's Obligations:
3. a) To provide the hotel with the cooperation necessary for the proper securing and provision of services, especially to truthfully and fully provide the required information in the order, including reporting any changes to such information.
4. b) To promptly communicate to the hotel their position on any changes in the terms and content of the agreed services.
5. c) To obtain from the hotel the necessary documents for the use of services and to arrive at the specified time at the designated place.
6. d) In the event of withdrawal from the contract, the customer is obliged to notify such withdrawal and pay the cancellation fee according to the agreed cancellation terms.

 

1. Basic Obligations of the Hotel

 

1. a) To provide the customer with all information regarding the stay.
2. b) To secure the customer's stay based on the confirmed order (contract) and in accordance with generally binding legal regulations.
3. c) In the event of withdrawal from the contract by the customer, to refund the difference between the already paid stay and the applicable cancellation fees no later than 14 days after receiving the cancellation.

 

1. Payment Terms

 

1. If the provider requires a deposit for the ordered services, the customer is obliged to pay this deposit to the company in the amount and by the due date specified in the contract; payment of the deposit is understood as the crediting of the corresponding amount to the provider's bank account unless otherwise agreed. If the deposit is not properly paid by the customer, the provider reserves the right to cancel the reservation without compensation. If the provider requires a credit card guarantee, they have the right to pre-authorize this card in accordance with the cancellation and payment terms. In case of a non-functional payment card, the provider has the right to cancel the reservation without compensation.

 

2. The customer pays the agreed amount for accommodation in advance (unless otherwise agreed), either during the online reservation process or by bank transfer, amounting to 100% of the total price. The provider will issue the customer a tax document for the received payment. All other services that the customer will use during their stay must be paid no later than upon check-out, in exchange for an issued billing tax document (invoice), or within the due date specified therein. Unless otherwise agreed, the due date is 14 days from the date of the tax document (invoice) issuance. Any discrepancies in the tax document (invoice) must be claimed by the customer in writing within 5 calendar days from the date of receipt. If the provider acknowledges the tax document (invoice) complaint as justified, the due date of the subject tax document (invoice) is postponed, and the due date is governed by the corrected tax document (invoice), unless otherwise agreed. For a disputed tax document (invoice), where the provider finds the complaint to be unjustified, the subject amount is due on the due date specified in the tax document (invoice).

 

3. Payment is considered made when credited to the provider's bank account stated in the tax document (invoice), unless otherwise agreed.

 

 

4. In case of the customer's delay in payment for the provided services, the provider has the right to demand from the customer, in addition to the payment of the owed amount, an interest on delay at a rate of 0.5% of the owed amount for each commenced day of delay starting from the first day following the due date of the tax document (invoice) until its payment.

 

5. The provider reserves the right to use any payment from the customer to settle the oldest debt/debts they have towards the customer after the due date. The provider is entitled to use the financial means blocked within the pre-authorization of the credit/payment card or advance payment to cover all outstanding amounts for services used during the stay, even after the guest's departure (e.g., minibar drinks, restaurant consumption, café, smoking prohibition violation, room damage, etc.).

 

1. Cancellation Terms

 

1. Cancellation always means the cancellation of a confirmed order.
2. The customer is obliged to make all reservation changes or cancellations via email or through the online reservation system, and this change or cancellation must be confirmed by the hotel.
3. If the customer cancels the ordered and confirmed services, they are obliged to pay the provider cancellation fees according to the cancellation and payment terms of the reservation.
4. Cancellation fees will be calculated from the price of the cancelled services including VAT, as follows:

 

**FLEXIBLE RESERVATION**

 

Up to 3 days before the day of arrival: free cancellation.

 

Cancellation 3 days or less before the day of arrival or in case of no-show: 100% of the price of the ordered services will be charged.

 

**NON-REFUNDABLE RESERVATION**

 

Cancellation at any time after reservation or in case of no-show: 100% of the total price of the ordered services will be charged.

 

5. If the customer cancels the ordered services with sufficient advance notice (see flexible reservation) and has also paid in advance, the paid amount will be refunded in full.
6. In the case of an obstacle due to force majeure, the customer will be offered a voucher for accommodation in the full amount of the ordered services, which can be used at an alternative date (subject to hotel availability).

 

7. The cancellation fee will be invoiced to the customer with immediate due date. If the cancellation fee is not properly paid, the customer is obliged to pay the provider, in addition to the amount corresponding to the cancellation fee, an interest on delay at a rate of 0.5% of the owed amount for each commenced day of delay starting from the first day following the due date of the cancellation fee until its payment.

 

1. Service Complaints

 

1. The customer is obliged to file a complaint about the services provided by the company in writing with the person with whom the contract was concluded, or with the responsible representative of the establishment.

 

2. If the client finds any defects in the provided service during their stay, they are obliged to immediately notify the receptionist on duty or the employee providing the service, so that these defects can be rectified during the stay. If the scope or quality of the provided services does not correspond to the concluded contract and the remedy cannot be provided on the spot, the client is obliged to have the hotel reception confirm in writing that the defect was complained about and that it was not rectified in time. For a defect that could not be rectified in time, the client will be offered compensation. If the client agrees with the compensation, the complaint will be considered resolved.

 

 

3. The customer agrees to resolve any complaints about the quality or scope of the provided services with the hotel immediately without undue delay, with the responsible hotel representative, so that the hotel can ensure any necessary remedy or comment on these matters in a timely manner. Later complaints that were not resolved during the use of the ordered services may not be accepted by the hotel.

 

1. Withdrawal from the Contract

 

1. Each of the contracting parties is entitled to withdraw from the contract under the conditions and for the reasons stipulated by law or the contract.

 

2. The provider is entitled to withdraw from the contract with immediate effect (in whole or in part) if the customer materially breaches the contract, repeatedly violates any obligation arising from the contract, or is in default with the payment of any due amount according to the contractual payment terms.

 

 

3. If the provider, despite all efforts, is unable to meet the agreed conditions due to an act of God, they have the right to withdraw from the contract without further ado, unless otherwise agreed by the parties. Force majeure includes, in particular, damage to the hotel and its facilities as a result of natural disasters. In the event of force majeure, the customer is not entitled to claim any penalties or equivalent claims against the provider.

 

1. Jurisdiction

 

1. In the event of a dispute, the customer has the right to submit a proposal for its out-of-court resolution to the designated subject for out-of-court resolutions.

Česká obchodní inspekce

Ústřední inspektorát - oddělení ADR

Štěpánská 15, 120 00, Prague 2 

Email: adr@coi.cz 

Website: https://adr.coi.cz

The Czech Trade Inspection Authority is a supervisory body overseeing consumer protection, acting in accordance with Act No. 64/1986 Coll., on the Czech Trade Inspection Authority, as amended, and other legal regulations. The Czech Trade Inspection Authority's website is www.coi.cz.

 

1. Use of Personal Data

See the separate document "Information on Personal Data Processing."

Consent to Sending Commercial Offers

1. The client agrees to receive commercial offers from the provider, which is conducted in accordance with Act No. 480/2004 Coll. The client expresses consent to receiving Commercial Communications to their email address by submitting the inquiry form on the provider's website. The client may revoke this consent at any time.

 

1. Other Provisions
2. The contractual parties acknowledge that the liability of the provider, the client, and the client's clients is governed by the provisions of Section 2894 et seq. of Act No. 89/2012 Coll., the Civil Code. Damages will be compensated in money, unless otherwise agreed by the contractual parties. If damages are caused by the client's clients and they do not pay for the claimed damages, the client agrees to compensate for these damages as if they were caused by the client themselves.
3. The provider is entitled to request a guarantee in the form of pre-authorization of a credit/payment card or a cash deposit upon the arrival of guests, if the deposit payment has not been made by bank transfer. The company agrees to return this guarantee, or its remaining balance, to the guests upon their departure and settlement of any claims pursuant to this paragraph.
4. If the provider finds the conduct of the client or their clients to be a gross violation of the hotel’s accommodation rules, the provider has the right, after discussing the matter with the client, to terminate the accommodation of the client or their clients without compensation, or to charge for the accommodation without limitation.
5. The client explicitly agrees that the provider is entitled to process and retain all information and data provided for the purposes of processing the order in accordance with the relevant general legal regulations, particularly Act No. 101/2000 Coll., on the Protection of Personal Data and on Amendments to Certain Acts.
6. Smoking is strictly prohibited in all hotel areas. In case of violation of this prohibition, the provider has the right to charge guests an amount of €200 for endangering fire safety and deep cleaning of the premises.
7. Personal belongings left behind by the guest in the hotel will be sent to the guest by registered mail via the Czech Post, subject to a pre-paid handling fee.
8. For payments made by payment card in a foreign currency, the exchange rate is determined by the bank that issued the payment card.
9. The provider is entitled to use the blocked financial means to cover all unpaid amounts for services consumed during the stay and after the guest's departure (e.g., minibar drinks, restaurant and café consumption, smoking ban violations, or other similar cases).
10. The client acknowledges that the provider is entitled to charge guests for any damage incurred if, immediately after the client's departure from the hotel room, newly discovered defects or theft of hotel property are found in the room.

 

1. Final Provisions
2. These General Terms and Conditions become valid and effective on January 1, 2023.