Terms & Conditions
General Terms and Conditions
1. Contractual relationship
These General Terms and Conditions of Business (hereinafter referred to as "GTC") apply to the procedure for concluding an accommodation contract and regulate the general rights and obligations between the accommodated person (hereinafter referred to as "client") and the operator of Hotel PERK, i.e. Sfera Hospitality s.r.o, The contractual relationship between the accommodation provider and the client is governed by the relevant accommodation contract concluded between the accommodation provider and the client, the price list of the accommodation provider and these GTC. If any provision is not expressly regulated, the relevant provisions of Act No. 89/2012 Coll., the Civil Code, shall apply.
2. Procedure for booking and concluding the accommodation contract
2.1 The accommodation provider offers accommodation and other related services to clients through its website www.hotelperk.cz, through approved intermediaries and through the accommodation provider's advertising materials (hereinafter referred to as the "offer"). The information contained in the offer is for information purposes only. This indicative offer does not constitute an offer within the meaning of Section 1731 or 1732 of the Civil Code, nor does it constitute a public promise pursuant to Section 1733 of the Civil Code. This indicative offer does not entitle the client to conclude an accommodation contract. The offer is valid for the period and under the conditions stated therein, and the accommodation provider reserves the right to unilaterally change or specify the specific terms of the offer before the conclusion of the accommodation contract.
"Reservation" means an order for the provision of a set of accommodation and other services which the Client orders and pays for from the accommodation provider by means of an order, and the provision of which is guaranteed to the Client by the accommodation provider in the confirmation email.
2.2 The Client proceeds to make a booking in the following ways:
2.2.1. make a reservation of accommodation and services via the electronic reservation form located on the website of the accommodation provider www.hotelperk.cz (hereinafter referred to as "Reservation"). The Client is obliged to fill in the information in the reservation form completely (including any ID number and VAT number) and truthfully, and no further or other changes are possible after submitting it via the reservation form. In the Booking Form, a necessary step to confirm the Order is the choice of payment method, either online payment via the payment gateway of the accommodation provider, always in the full amount of the ordered accommodation and other services, or the possibility of payment by bank transfer within 7 days of making the Booking. By confirming the reservation to the accommodation provider, the client confirms that he/she has fully read these GTC and accepts them as conditions and an integral part of the accommodation contract.
2.2.2. The client contacts the reception of the accommodation provider with a request for accommodation and other services in person, by phone or by e-mail: in this case, the accommodation provider verifies the capacity and other conditions based on the receipt of the client's request and subsequently sends the client a written confirmation of the acceptance of the Reservation by e-mail with the specific conditions of the binding offer of the accommodation provider, where the calculation of the price of accommodation and services, payment terms and payment instructions with these data are specified: identification and contact details of the accommodation provider, identification and contact details of the client, date of arrival, date of departure, number of nights, selected room category for accommodation, number, names and ages of persons, calculation of any discounts and instructions for payment of the total price, cancellation conditions (hereinafter referred to as "Reservation"). Payment in this case is made by the Client within the period specified in the e-mail, during which the accommodation provider reserves the booked accommodation as "option". If the Client fails to make payment within the specified time limit, the order and the reservation of the accommodation shall be cancelled. Cancellation conditions according to Article 6 of these GTC apply to the reservation.
2.2.3. the Client will use one of the "OTAs" (Online Travel Agencies) to book accommodation, for example www.booking.com. In this case, he/she orders the services of the accommodation provider and makes the reservation through the OTA's booking system and is subject to its applicable terms and conditions of sale and payment. The moment the confirmation of the binding reservation is received by the Client's e-mail, the accommodation contract is concluded.
2.3 The conclusion of the Accommodation Contract occurs upon the cumulative fulfilment of two conditions, namely the delivery of a written order or written confirmation of the reservation to the Client and the accommodation provider and the moment when the accommodation provider receives from the Client 100% prepayment, payment, advance payment or guarantee by payment card of the full amount of the accommodation price.
2.4 Pre-arrival payment for accommodation is not required for stays booked on the day of arrival only. In this case, the full amount of the accommodation price is paid at the time of check-in.
3. Payment terms
3.1 The accommodation provider has the right to require the client to pay the total price of the accommodation and services specified in the Reservation before they are provided.
3.2 The payment terms and the due date of the total price vary depending on the method of booking and reservation of accommodation and services according to paragraph 2.2 of these GTC. In the case of paragraph 2.2.2, the due date for payment of the total price of the accommodation and services, unless otherwise stated in the booking confirmation email, is 7 calendar days.
3.3 The total price of accommodation and services is payable unless otherwise stated in these GTC or in the Booking:
3.3.1 online payment via the payment gateway integrated in the accommodation provider's reservation system operated on the website www.hotelperk.cz according to paragraph 2.2.1.
3.3.2. by bank transfer to the accommodation provider's account specified in the payment instructions under paragraphs 2.2.1 and 2.2.2.
3.4 Failure to meet the deadline for payment of the total price by the client entitles the accommodation provider to withdraw from the contract and the client is obliged to pay the accommodation provider the costs associated with this (cancellation fees), the calculation of which is governed by the terms set out in Article 6 of these GTC.
4. Price
4.1 The price of accommodation means the price stated in the Reservation as the price of accommodation for the relevant room for the number of persons stated in the Reservation. The price for services means the price stated in the Booking as the price for the services ordered. Total price for accommodation and services means the price stated in the Booking as the total price with any discounts granted including taxes and local charges.
The prices for the services provided are set out in the current price lists, offer sheets, in the booking system at www.hotelperk.cz or according to the OTA booking system.
4.2 The accommodation provider is not entitled to unilaterally increase the total price during the period of validity of the Reservation, except in the following cases:
· if there is a change in the Reservation (e.g. change of room type, number of persons, etc.),
· if the client fails to prove or prove that the conditions for granting the claimed discount have been met,
· if there is a change in legislation or in the rates of value added tax
4.3 The prices of accommodation and services of the accommodation provider are set and paid in the Czech koruna (CZK), the legal monetary unit of the Czech Republic. Upon agreement between the accommodation provider and the client, the price of accommodation and services can be set and paid in EUR. The fixed EUR exchange rate set by the accommodation provider is used to convert the price of accommodation and services in CZK to EUR (information on the exchange rate is provided by the reception). The exchange rates used by the OTA are a matter of setting the OTA's terms and conditions and the accommodation provider has no possibility to influence them. In the case of an accommodation and services order, the client and the accommodation provider are bound by the price of the accommodation and services set in EUR as stated in the calculation in the Booking. In the case of payment for the service used to the accommodation provider directly at the reception of the accommodation provider, the price stated in the price list of the accommodation provider in CZK after conversion at the fixed EUR rate set by the accommodation provider for the day of use of the service is binding.
5. Changes to the reservation
5.1 If circumstances arise that prevent the accommodation provider from providing the accommodation and/or service to the client in accordance with the Reservation, and if, due to the situation, it is possible to provide the client with other accommodation and/or an alternative service in the range and quality identical or at least close to the originally ordered accommodation and/or service, or to provide the same accommodation and/or service on an alternative date, the accommodation provider is entitled and obliged to make the corresponding changes. In this case, the accommodation provider shall inform the client without undue delay of the conditions of the change and propose the change to the client. The client is entitled to cancel the service in the case of disagreement with the notified change and, in the case of a change concerning the accommodation, to withdraw from the contract. The accommodation provider is then obliged to reimburse the client without undue delay after the cancellation of the service and, in the case of cancellation of the entire contract, to reimburse the client for all payments made in connection with the contract. The provisions of these GTC on cancellation fees shall not apply to the benefits returned under this paragraph.
If the Client does not withdraw from the contract within 3 days of receiving notice of such change, the Client shall be deemed to have accepted such change.
5.2 In the case of the impossibility to provide the client with the ordered and paid service in the range and quality corresponding to the agreed conditions, the accommodation provider is obliged to return to the client the consideration paid by the client for such service. However, in the case that the accommodation provider provides an alternative service of the same or higher range and/or quality with the client's consent, such alternative service shall be deemed to be the provision of the originally agreed service and the client shall have no further claims against the accommodation provider for failure to provide the originally ordered and paid service.
5.3 The accommodation provider shall not be liable for any changes caused by force majeure, decisions of public authorities, extraordinary circumstances or events which the accommodation provider could not have foreseen or which could not have been prevented even if all reasonable efforts had been made.
5.4 The Accommodation Provider shall not provide any financial compensation for unused services ordered and for changes to the services ordered during the stay.
5. 5 In the case the Client wishes to make a change in the Reservation (for example, change of date, number of persons staying, ordering services, etc.), he/she must contact the hotel reception and make a request to change the Reservation. The accommodation provider will check the capacity and may or may not accept the change. This change of Reservation must then be confirmed in writing to both parties. Alternatively, the Supplier may refer the Client to the booking system available at www.hotelperk.cz where certain changes to the Booking can be made.
6. Cancellation or non-use of reservation and cancellation fee
6.1 The client is entitled to cancel the accommodation contract before the date of arrival, even without giving any reason. The Client is obliged to deliver a written notice of cancellation to the accommodation provider.
6.2 The accommodation provider is entitled to collect the cancellation fee from the accommodation price paid by the client as follows:
6.2.1. If the Client has booked accommodation "refundable", the accommodation provider is entitled to charge the Client a cancellation fee, the amount of which will be calculated on the amount of the payment made, the amount of the cancellation fee being determined as follows:
• no cancellation fee will be charged more than 2 days before arrival and the Client will be refunded the full amount of the payment made;
• 2 days, 1 day before arrival and on the day of arrival the cancellation fee is 100% of the total price of the stay.
6.2.2.In the case the Client has booked accommodation "non-refundable", the accommodation provider is entitled to charge the Client a cancellation fee of 100% of the total price of the stay from the moment the booking is confirmed.
6.3 In the case the guest fails to check in within twenty-four (24) hours after the agreed check-in time, the accommodation provider is entitled to withdraw from the accommodation contract and at the same time is entitled to charge the guest a cancellation fee of 100% of the deposit paid. This does not apply if the guest notifies the accommodation provider of the late check-in in advance, but not later than one (1) day before the planned check-in by phone or in writing. However, the accommodation provider is entitled to demand payment of the accommodation price even for the day/night on which the guest does not check in. The same cancellation conditions apply in the case of a reservation based on a voucher. In the case of early departure, a cancellation fee of 100% of the remaining accommodation/service price will be charged, unless otherwise agreed between the accommodation provider and the Client.
6.4 The accommodation provider is entitled to withdraw from the contract in cases where the client substantially breaches the obligations set out in the contract, these GTC and/or the laws of the Czech Republic. The accommodation provider is also entitled to withdraw if the client and/or persons accompanying him/her, despite a warning, grossly violate their obligations under the contract, these GTC, the accommodation provider's accommodation or other operating rules or the laws of the Czech Republic or good morals. In the case of such cancellation by the accommodation provider, the client is obliged to pay the accommodation provider a cancellation fee of 100%.
6.5 Withdrawal from the contract does not affect the accommodation provider's right to payment of the total price stated in the Reservation, possibly a cancellation fee, the rights of the contracting parties to compensation for damages arising from a breach of a contractual obligation or arrangements which, due to their nature, are intended to bind the parties after the termination of the contract.
7. Client's rights and obligations
7.1 The basic rights of the client are primarily:
· the right to the provision of the ordered and paid accommodation and services to the extent and under the terms of the Reservation.
· the right to be provided with information regarding the accommodation and services offered and provided by the accommodation provider.
· The right to terminate the contract at any time without notice or to withdraw from the contract due to a material breach of the obligations of the accommodation provider or to cancel the use of the ordered services under the conditions specified in these GTC, the contract or the legislation of the Czech Republic.
· the right to notify the accommodation provider in writing that another person will take part in the accommodation and/or use of the services specified in the Reservation in his/her place, provided that such notification includes a statement by such person (new client) that he/she agrees to the accommodation, services and their price specified in the Reservation and that he/she meets all the conditions for participation in the accommodation and use of the services, if required. The original Client and the new Client shall be jointly and severally liable for payment of the total price stated in the Booking and any administrative or other costs incurred by the Accommodation Provider in connection with the change of Client.
· the right to complain about faulty or poor quality accommodation or services and their settlement in accordance with these GTC.
· the right to protection of personal data and other data concerning the client and fellow travellers.
7.2 The basic obligations of the Client are in particular:
· the obligation to fill in the Reservation completely and truthfully, any attached forms necessary for the provision of accommodation and services and to present the necessary documents for the identification of the client and traveling companions (valid ID card, valid passport) upon arrival at the accommodation and, if necessary, without undue delay, to notify any changes to these data.
· fill in and sign the registration card when registering for accommodation.
· to notify the accommodation provider of the possible participation of foreign nationals.
· the obligation to notify the accommodation provider of any change in the number of persons using the room and, if the accommodation provider agrees with this change, to enter them in the book of guests at the reception of the accommodation provider and to pay the accommodation price for the persons not listed in the Reservation in accordance with the accommodation provider's price list. In the case of exceeding the maximum number of persons allowed for a given room and/or violation of the obligation to declare persons using the property not listed in the Reservation, the accommodation provider is entitled to withdraw from the contract for a material breach thereof and to evict the client, persons accompanying him/her and other persons from the accommodation or the use of services, thereby forfeiting the right to the provision of accommodation and/or services listed in the Reservation, as well as the right to reimbursement of the paid and unused accommodation and/or services.
· the obligation to pay the total price of accommodation and services to the accommodation provider in accordance with the payment terms specified in the Reservation and in accordance with these GTC and to prove payment upon the request of the accommodation provider. In the case of non-payment, the accommodation provider is entitled to charge the corresponding amount from the guest's payment card after the guest's departure.
· the obligation to pay the cancellation fee to the accommodation provider in the cases specified in these GTC.
· the obligation to take from the accommodation provider the documents necessary to use the accommodation and services.
· the obligation to arrive at the place of use of the accommodation and/or services at the specified time.
· the obligation to follow the instructions of the accommodation provider's employees, accommodation and other operating rules of the accommodation provider issued for the use and provision of accommodation and use of hotel services. The client is obliged to familiarize himself with the accommodation and other operating rules of the accommodation provider. In the case the Client or persons accompanying him/her, despite a warning, grossly violate the obligations arising from the Contract, these GTC or the regulations (rules) of the accommodation provider, legal regulations or good manners, or disrupt the programme or the use of accommodation and services of other clients of the accommodation provider, the accommodation provider is entitled to evict the Client and persons accompanying him/her from the accommodation or the use of services (terminate the Contract without notice), whereby the Client loses the right to the provision of the accommodation and/or services specified in the Reservation, as well as the right to compensation for the paid and unused accommodation and/or services.
· the obligation of the client and persons accompanying the client to behave in such a way that their behaviour does not interfere with or restrict the use of the accommodation and/or services by other clients of the accommodation provider.
· the obligation to pay for any damage to the property of the accommodation provider caused by him/her and/or persons accompanying him/her or other persons to whom he/she has culpably allowed access to the property of the accommodation provider. The amount of reimbursement will be determined by the accommodation provider.
· pets are allowed, they must be reported in advance and pay the fee according to the current price list. In the case of cancellation, no cancellation fee will be applied for the pet.
· the obligation of the Client to pay the difference in price to the accommodation provider after the discount stated in the Reservation in case the Client fails to prove to the accommodation provider upon arrival at the accommodation and/or before the commencement of the use of services that the conditions for granting the discount on the price of accommodation and/or services have been met.
· the Client (whether as a natural person or a legal entity) is responsible for compliance with the obligations resulting from the Contract, these GTC, the accommodation and operating rules of the accommodation provider and the legal regulations of the Czech Republic by the natural persons mentioned in the Reservation and/or accompanying him/her.
8. Complaints and information on out-of-court dispute resolution
8.1 The Client is entitled to complain to the accommodation provider about the quality of the accommodation and/or services provided if their quality or range or other conditions do not correspond to the range, quality and conditions specified in the Reservation. The accommodation provider undertakes to ascertain the circumstances of the complaint without undue delay and, in the case of a justified complaint, to ensure that the defective condition is rectified or to provide the client with a discount. The client is obliged to file a complaint with the accommodation provider without undue delay after discovering the defective provision. Later claims will not be taken into account.
8.2 Information on out-of-court dispute resolution - The subject competent for the out-of-court dispute resolution (ADR) between the operator and the client arising from the provision of accommodation and related services (consumer disputes) is, according to Section 20e(d) of Act No. 634/1992 Coll., on Consumer Protection, as amended, the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No. 00020869, internet address: http://www.coi.cz/ or another entity authorised by the Ministry of Industry and Trade.
9. Sale and application of gift vouchers (Voucher shop terms and conditions)
9.1 The sale and redemption of vouchers is governed by separate terms and conditions which are set out below.
10. Final provisions
10.1 These GTC, within the meaning of § 1751 et seq. of the Civil Code, regulate the procedure for concluding, constitute the content of and are an integral part of the accommodation contract concluded between the client and the accommodation provider. The provisions of these GTC take precedence over the individual arrangements contained in the accommodation contract or the written confirmation of the reservation by the accommodation provider.
10.2 If a written form of legal action is required in these GTC, it shall be deemed to have been complied with if the legal action is made in the form of a letter or e-mail.
10.3 These GTC may be amended and changed by the accommodation provider in full and without limitation by electronic means. In the case of such a change, the new version of the GTC will be placed on the website of the accommodation provider www.hotelperk.cz. The amendment to these GTC shall take effect upon publication or delivery of the amended version to the Client. In the case of the client's disagreement with the published amendment to the GTC, the client is obliged to notify the accommodation provider of such disagreement in writing within two days of the delivery of the amendment to the GTC.
10.4 If any particular provision of these GTC shall be found to be invalid, it shall be fully separable from the other provisions of these GTC and such invalidity shall not affect the validity and enforceability of any other provisions of these GTC.
10.5 In all other matters not covered by these GTC, the Client and the Accommodation Provider agree to comply with the laws of the Czech Republic, good morals and practices in the provision of accommodation services and to resolve any disputes amicably as a matter of priority.
10.6 The accommodation provider reserves the right to include in its offers and/or advertising materials other terms and conditions that take precedence over these GTC.
10.7 The text of the Accommodation Contract forms part of these GTC.
10.8 These GTC shall come into effect on 1 May 2023.
Accommodation contract
concluded in accordance with the provisions of Section 2326 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), between the contracting parties, which are:
Sfera Hospitality s.r.o.
Company registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, Insert 904 66
identification number: 17561019
Registered office: 17. listopadu 413/1, 787 01 Šumperk
represented by: Ing. Andrea Veselovská
tel. +420 581 580 000
e-mail: info@hotelperk.cz
as a service provider on the one side (hereinafter referred to as the "Accommodation Provider")
and
Mr | Mrs:
date of birth:
residence:
ID number:
as the accommodated person and the client of the services on the other side (hereinafter referred to as the "Accommodated Person").
the parties hereto enter into the following agreement on the day, month and year first above written:
___________________________________________________________________
Accommodation and Catering Contract
Preamble
Sfera Hospitality s.r.o. declares that it is the operator of the Hotel Perk gastronomic-accommodation facility, within the framework of which the Accommodation Provider provides accommodation and other further agreed services (catering, rental of common areas, provision of indoor relaxation facilities, etc.) to clients, which are provided in the Hotel Perk facility at 17. listopadu 413/1, 787 01 Šumperk.
The Accommodated Person is interested in using the accommodation services offered in Hotel Perk as well as some further agreed related additional services, for which the accommodated person, as the client, will pay the price to the Accommodation Provider as the provider of the requested services.
I. Accommodation Subject
The Accommodation Provider declares that it is entitled to provide accommodation services within the Facility, which are provided fully in accordance with the business activities of the Accommodation Provider.
On the basis of this Agreement, the Accommodation Provider shall provide the Accommodated Person, at his/her prior request, with accommodation (serving exclusively for temporary accommodation) in the following accommodation unit:
Room no. ______ | _______ floor of the Facility,
including all accessories and internal equipment of the accommodation unit, which is described in more detail in Attachment No.
1 (the "Room Acceptance Protocol"), which forms an integral part of this Agreement (hereinafter referred to as the "Room").
The accommodated person is entitled to use the space reserved for his/her accommodation as well as the relevant common areas, i.e. common entrances, corridors, sanitary facilities, and, if applicable, also to use the further agreed services associated with the accommodation and common areas.
The accommodated person shall keep the premises reserved for his/her accommodation in a condition suitable for their proper use and shall ensure the undisturbed exercise of his/her rights related to the accommodation.
The accommodated person hereby simultaneously declares that the room referred to above in Art. I. paragraph 2 of the contract in a condition fit for proper use, including the equipment of the apartment..
The accommodated person is obliged to use the common areas of the Hotel Perk in a manner that is in accordance with the accommodation regulations and does not exclude other persons staying in the guesthouse from the use.
II.
Accommodation duration
Accommodation in the room is aranged for a fixed period, from ..................................... to .......................................
The start of accommodation services is always possible from 15:00 on the first day of accommodation, unless otherwise agreed. On the day of the end of the agreed stay, the Accommodated Person is obliged to end his/her stay in the Facility and vacate the room no later than 11:00. In the case of late check-out, a fee will be charged according to the valid price list.
The Accommodated Person acknowledges that the registration of accommodated persons (i.e. check-in) is possible at the reception of the Facility only during the reception opening hours from 00:00 to 24:00, unless otherwise agreed.
III. Additional services
1. The Parties hereby further agree to provide the following additional services, which the Accommodated Person, as the Client, hereby expressly orders to the extent specified below for the payment agreed below:
• Catering: breakfast in the hotel restaurant
• Rental of common areas:_______________________
The Accommodated Person is entitled to use the above-agreed additional services and to use the common and relaxation areas of the Facility exclusively in a manner that is in accordance with the accommodation rules, operating rules of individual facilities and at the same time does not exclude other authorized persons staying in the hotel or participating in the organized event.
When ordering or organizing a musical or other artistic program, the Accommodated Person/Client bears full responsibility for compliance with all related legal regulations, in particular regulations on the protection of intellectual property rights.
The Client is obliged to ensure that the responsible person is personally present throughout the entire duration of the agreed event and can confirm the range of services provided (in particular accommodation and additional services) and also guarantee all invoices issued relating to the booked event.
Without the express consent of the Provider, no technical equipment of any kind may be installed in the premises so made available, including the indoor relaxation areas, and the technical parameters and equipment of the premises so used may not be interfered with.
The Client is responsible for the safe conduct of the ordered event, celebration, compliance with fire regulations and all other legal regulations of the Czech Republic.
IV.
Payment for accommodation and additional services
The price for accommodation according to Art. I. and II. of this contract is set according to the valid price list published in the reservation system of the Hotel Perk on the website www.hotelperk.cz for each (even started) night of stay.
The price includes:
• accommodation in the selected room
• breakfast (in the form of a buffet from 7:30 to 10:30),
• unlimited access to the relaxation areas of the hotel during opening hours,
• wireless internet connection - WI-FI
The price of the agreed additional services will be determined according to the actual usage and will be charged according to the valid price list.
When ordering a stay for group accommodation or organizing an event, the Terms and Conditions for group bookings and events will be followed and an advance tax document will be issued by the Accommodation Provider on the basis of the order. The deposit paid will be deducted when the final tax invoice is issued. In the case of delay in payment of the advance payment voucher, the Accommodation Provider shall have the right to withdraw from this contract in its entirety without further delay. In case the deposit paid is higher than the final invoiced amount, the overpayment will be refunded to the Accommodated Person/Client at the end of the stay or by bank transfer to the bank account of the Accommodated Person/Client within 10 days of the end of the stay.The Accommodated Person undertakes to pay the price for the accommodation as well as the ordered additional services for the entire period for which the accommodation or the additional services were agreed in this contract, even for the time when he/she is not physically present at the accommodation place or the place of the ordered services, unless the accommodation or the requested service is terminated by withdrawal from the contract.
V.
Withdrawal from contract, cancellation conditions
The Accommodation Provider may terminate the contract without notice before the expiry of the agreed period if the accommodated person violates his/her obligations under the contract, the Accommodation Rules of the Facility or good morals despite a warning.The Accommodated Person is entitled to withdraw from the accommodation contract before the date of arrival, even without providing a reason. The Client is obliged to deliver a written notice of withdrawal to the Accommodation Provider. The effects of the withdrawal shall commence on the date on which the written notice of withdrawal is delivered to the Accommodation Provider or on the date on which such withdrawal is registered with the Accommodation Provider.
3. The Accommodation Provider has the right to collect the cancellation fee from the price paid by the client as follows:
3.1. In case the Client has ordered accommodation "refundable", the Accommodation Provider is entitled to charge the Client a cancellation fee, the amount of which will be calculated from the amount of the payment made, the amount of the cancellation fee will be determined as follows:
• more than 2 days before arrival, no cancellation fee is charged and the Client is refunded the full amount of the payment made;
• 2 days, 1 day before arrival and on the day of arrival the cancellation fee is 100% of the total price of the stay.
3.2. If the Client has booked accommodation "non-refundable", the accommodation provider is entitled to charge the Client a cancellation fee of 100% of the total price of the stay from the moment of confirmation of the reservation.
4. In the case of early departure, a cancellation fee of 100% of the remaining price of the accommodation / services or otherwise as agreed.
5. No financial compensation will be provided by the Accommodation Provider for unused services ordered or for changes to services ordered during the stay or event.
VI.
Accommodation rules, operating rules
The Accommodated Person, including all persons accommodated with him/her, is obliged to follow the "Accommodation Regulations of the Hotel Perk Catering and Accommodation Facility" and all the operating rules and instructions that regulate the operation of the Facility, or individual relaxation and catering facilities and the related behavior of guests, especially in relation to guest safety, hygiene and fire regulations.
The Accommodation Provider and the Accommodated Person agree that the document designated as "Accommodation Rules and Regulations of the Hotel Perk Catering and Accommodation Facility" has the character of the terms and conditions of the Accommodation Provider within the meaning of Section 1751 of the Civil Code and as such completes the content of this contract. By signing this contract, the Accommodated Person declares that he/she is aware of its contents and that he/she has fully understood it, that it does not contain any additional provisions that he/she could not reasonably expect, and that he/she has fully acknowledged the rights and obligations arising therefrom for the Accommodated Person, the Accommodation Provider or other persons, including the obligations to comply with or endure the penalties provided for in case of their breach.
VII. Final Provisions
The personal data provided by the Accommodated Person, or other persons accommodated with him/her, mentioned in the order and this contract will be used by the Accommodation Provider only for the contractual relationship, which the Accommodated Person agrees to without reservation.
This Contract shall be executed in two copies, duly signed by both Parties, each Party receiving one copy.
This contract may be amended or changed by agreement of the parties in written form.
In Šumperk on day:
Accommodation Provider:
Accommodated Person:
GENERAL TERMS AND CONDITIONS - VOUCHERS
These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") of Sfera Hospitality s.r.o., ID No. 17561019, with registered office at 17. listopadu 413/1, 787 01 Šumperk, registered in the Commercial Register kept by the Regional Court in Ostrava, Section C, Insert 90466 (hereinafter referred to as "Seller")
regulate the purchase of the Seller's Vouchers via the Seller's online store, respectively the procedure for concluding the Purchase Contract between the Seller and the Customer, their mutual rights and obligations based on or related to the Purchase Contract and the procedure and conditions for the use of the purchased Voucher. These Terms and Conditions also contain the terms of complaint, delivery and payment conditions and information on the provision and protection of personal data and out-of-court settlements, including commercial communications.
The operator of the online shop at www.hotelperk.cz and the provider of the services covered by the voucher is the company:
Sfera Hospitality s.r.o., ID No. 17561019, with registered office at 17. listopadu 413/1, 787 01 Šumperk, registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, Insert 90466 (hereinafter referred to as the "Seller").
Contact details:
Delivery address: Prague 4 – Kunratice, Ratajova 1113/8, Postcode 148 00
E-mail: info@hotelperk.cz
The above-mentioned data also serve as contact details for dealing with matters under these Terms and Conditions and the relevant legislation relating to the purchase of vouchers, their redemption and online shop.
These Terms and Conditions are published on the website http://www.hotelperk.cz/.
By submitting an Order in accordance with these Terms and Conditions, the Customer confirms that he/she has familiarized himself/herself with their content ("Notices prior to the conclusion of the Purchase Contract" and the information provided in the reservation system are an integral part of the Terms and Conditions), that he/she expressly and unreservedly agrees with them, in the version valid and effective at the time of submitting the Order in accordance with these Terms and Conditions. The Terms and Conditions form an integral part of the Purchase Agreement.
1. TERMS AND DEFINITIONS
1.1 For the purposes of these Terms and Conditions, the following terms shall have the meanings defined in this clause:
Purchase Contract is a contract concluded between the Customer and the Seller, the subject of which is the Seller's obligation to deliver the Voucher to the Customer and the Customer's obligation to pay the agreed price for the Voucher under the conditions set out in the Purchase Contract and these Terms and Conditions;
Customer refers to a person who is interested in purchasing a Voucher and/or has purchased a Voucher;
Voucher Holder is the person who has the Voucher lawfully in his possession and redeems it or presents it to the Provider for the purpose of payment for the Provider's Performance, which person may be different from the Customer;
Seller refers to the company Sfera Hospitality s.r.o., company registration number 17561019, with its registered office at 17. listopadu 413/1, 787 01 Šumperk, registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, Insert 90466 (hereinafter referred to as the "Accommodation Provider").
Provider shall mean the Seller;
Provider's performance means the provision of services by the Provider, namely services offered by the Provider in the Perk Hotel according to the choice of the Voucher Holder on the basis of the Performance Contract concluded between the Voucher Holder and the Provider;
Performance Contract means the contract concluded between the Voucher Holder and the Provider, the subject of which is the Provider's Performance;
Consumer means any person who, outside the framework of his business activity or outside the framework of his independent exercise of his profession, concludes a Purchase Contract with the Seller or otherwise deals with him;
Voucher is a document issued by the Seller in electronic form, which serves the Voucher Holder for full or partial payment for the Provider's services in the amount of its nominal value, whereby the provision of services of the Voucher Holder's choice is negotiated with the Provider on the basis of a Performance Contract. Purchasing a Voucher does not purchase a specific service, but only the financial value that can be redeemed for the services listed above during the Voucher validity period (1 year from the date of purchase). The prices of the Provider's services may change during the Voucher validity period. The nominal value of the Voucher is arbitrary (the minimum is 1 000 CZK) and is determined by the Customer. The Voucher contains, among other things, the designation of the services that are the subject of the Voucher, the details of the Provider, the expiry date of the Voucher and the unique Voucher number code;
Voucher price is a term defined in paragraph 3.1 of Article 3. of the Terms and Conditions;
Civil Code means Act No. 89/2012 Coll., Civil Code, as amended;
GTC - this abbreviation means the general terms and conditions for accommodation in the Perk Hotel operated by the Provider, which can be accessed here, or the terms and conditions set by the Provider for the use of other services (e.g. visiting rules, etc.).
Website means the Seller's website located at http://www.hotelperk.cz
2. SELLER'S NOTICE TO THE CONSUMER PRIOR TO THE CONCLUSION OF THE PURCHASE CONTRACT:
2.1 The cost of the means of distance communication shall not differ from the base rate of the Customer's internet or telephone provider; Seller shall not charge any additional fees;
2.2 the Consumer has the right to withdraw from the Purchase Contract under the terms, conditions, time limits and procedure set out in Article 5 of these Terms and Conditions;
2.3 in the case of withdrawal from the Purchase Contract, the Voucher shall be invalidated; the Consumer shall not bear the costs associated with the return of the Voucher as it shall not be returned,
2.4 with a complaint, the Consumer may contact the supervisory authority or the state supervisory authority, which are listed in particular in Article 6 of these Terms and Conditions.
2.5 If the Customer or the Voucher Holder is a Consumer, the relationships, rights and obligations under the Purchase Agreement and the redemption of the Voucher shall be governed by these Terms and Conditions not expressly governed by the Civil Code, as amended, and Act No. 634/1992 Coll. on Consumer Protection, as amended (hereinafter referred to as the "Consumer Protection Act"). If the Customer or Voucher Holder is a person other than the Consumer, the relationships and rights and obligations governed by these Terms and Conditions are not expressly governed by the Civil Code. For relationships under the Performance Contract, the above shall apply mutatis mutandis, with the addition that relationships at its conclusion or arising from the Performance Contract shall be governed by the Special Terms and Conditions (GTC)
2.6 These Terms and Conditions further regulate the rights and obligations of the parties when using the Website and other related legal relations.
2.7 If the Purchase Contract regulates a matter dealt with by the Terms and Conditions differently, these deviating provisions shall prevail over the provisions of these Terms and Conditions.
2.8 The Purchase Agreement and the Terms and Conditions are in the Czech language. The Purchase Contract may be concluded only in the Czech language, unless the Seller and the Customer agree otherwise.
2.9 The concluded Purchase Contract is archived in electronic form with the Seller, who will give the Consumer access to it.
2.10 The wording of the Terms and Conditions may be amended or changed by the Seller. This provision shall not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
3. VOUCHER ORDER, CONCLUSION OF THE PURCHASE CONTRACT AND DELIVERY OF THE VOUCHER
3.1 The Customer shall place an order for a Voucher (hereinafter referred to as "Order") and its payment via the booking system at http://www.hotelperk.cz under the "Vouchers" tab. Information on the individual technical steps leading to the execution of the Order can also be found in the booking system.
3.2 In the first step, the Customer fills in all the data required in the order form, in particular the value of the Voucher (min. 1000 CZK), his/her contact details, and, if desired, a personal message. Before submitting the Order Form, it is necessary to check the correctness and completeness of the data to be filled in at each step. The data provided in the submitted Order Form is considered correct and valid. The Seller must be informed of any changes to these data without undue delay by e-mail to the address specified in the header of these Terms and Conditions. The Customer submsits the Order by pressing the "Order" button. Immediately thereafter, the Seller shall inform the Customer of the receipt of the Order by means of an automatic message delivered to the Customer's e-mail address provided in the Order. Once submitted, the Order is valid and binding for the Customer.
3.3 The Seller informs the Customer that the order must specify the chosen payment method: payment of the Voucher Price is either online (by payment card) or by bank transfer.
If the Customer chooses to pay via payment card, the Customer is prompted to make payment of the Voucher Price via a payment gateway (see Article 3 of the Terms and Conditions), and the Customer follows the instructions of the booking system when making payment. The Customer receives a confirmation of the successful payment of the Voucher Price, which also contains the elements of a receipt within the meaning of the Sales Records Act, by means of an e-mail message delivered to the Customer's e-mail address specified in the Order.
If the payment of the Voucher Price is not made, i.e. the Voucher Price is not paid, the Order is cancelled and a new Order must be placed. The Customer is immediately informed of this via the booking system and by e-mail message delivered to the Customer's e-mail address indicated in the Order.
3.4 If the Customer chooses to pay via bank transfer, payment details are automatically sent to the Customer by email. The voucher is valid for 7 calendar days. The Voucher is delivered to the Customer after successful crediting of the payment to the Provider's account. If the payment of the Voucher Price is not made within the stipulated time limit, i.e. the Voucher Price is not paid, the Order is cancelled and a new Order must be placed. The Customer is immediately informed of this via the booking system and by e-mail message delivered to the Customer's e-mail address indicated in the Order.
3.5 Furthermore, the Provider informs that the Customer must choose the method of voucher delivery in the Order, either electronically (the voucher will be sent to the Customer by e-mail immediately after successful payment) or by post to the given address. In the case of sending the voucher by post to the address, the Provider does not guarantee on-time delivery as it is not responsible for the procedures and deadlines of the chosen postal company.
3.6 After payment of the Voucher Price, the Customer is immediately informed of the acceptance and execution of the Order in the booking system from which he/she has sent the Order and also by means of an e-mail message sent to his/her e-mail address indicated in the Order. This step is considered as acceptance of the Order by the Seller.
3.7 The Voucher is issued on the date of payment of the Voucher Price. Immediately after payment of the Voucher Price, the Customer shall receive the voucher in electronic form in PDF format by e-mail. The delivery of the Voucher to the Customer is deemed to be the delivery of the email message containing the attached Voucher in PDF format. The costs associated with the delivery of the Voucher shall be borne by the Seller.
3.8 The Purchase Contract is concluded at the moment of receipt of acceptance of the Order according to paragraph 3.3 of this Article 3. To the Customer. The Purchase Contract consists of the Order and the acceptance of the Order, and these Terms and Conditions are also included in the Purchase Contract. The Terms and Conditions are sent to the Customer together with the acceptance of the Order sent in accordance with paragraph 3.3 of this Article 3. The Purchase Contract is archived by the Seller in electronic form and is not accessible to uninvolved third parties, except if legally required to make such disclosure or upon archiving. It is available to the Customer at any time upon request.
3.9 The Customer acknowledges that the Seller excludes, within the meaning of Section 1726, the conclusion of the Purchase Contract without negotiating all of its particulars as set out in the Civil Code.
4. PRICE AND PAYMENT CONDITIONS
4.1 The Voucher Price is the amount of the nominal value of the Voucher selected by the Customer in the Order in accordance with these Terms and Conditions. The Price is due upon submission of the Order via the booking system and the Customer's obligation to pay the Price is fulfilled upon crediting the relevant amount to the Seller's account.
4.2 The Customer shall pay the Voucher Price before delivery of the Voucher by bank transfer to the Seller's bank account or by cashless payment via the payment gateway (payment card). Payment is made by the Seller's contractual partner.
4.3 Sensitive input data that the Customer enters into the Internet banking system is protected by the payment gateways of the banks and does not enter the third party environment. The payment processors only see the transaction information that the bank provides them with the submitted transaction.
4.4 Costs incurred by the Customer when using remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) are borne by the Customer. The costs associated with the payment of the Price pursuant to paragraph 4.2 of this Article 4 shall be borne by the Seller.
5. PROCEDURE AND CONDITIONS FOR VOUCHER REDEMPTIONS
5.1 The voucher can be used to use any services offered by the Provider in the Perk Hotel of the Voucher Holder's choice in all the Provider's establishments that provide the requested service. An informative offer of services of individual establishments of the Provider can be found, in particular, on the Website. The performance of the Provider, i.e. the provision of the services referred to in this paragraph 5.1, is a separate relationship between the Voucher Holder and the Provider and is governed by the Performance Contract, of which the GTC form an integral part.
5.2 Following the procedure set out in the GTC, the Voucher Holder shall order the service of his/her choice, or book the date and range of services, either by telephone or via the electronic booking form located on the Website www.hotelperk.cz or otherwise (in person, by e-mail, etc.).In the order for the Provider's Performance it is always necessary to provide information about the redemption of the Voucher together with its unique numerical code and the nominal value of the Voucher (on the Website in the booking system do so in a comment or according to the instructions given there).
5.3 The Voucher may be used (i.e. redeemed at the Provider and the service using the Voucher may be used) only before the expiry of its validity period, which is 1 year from the date of its issue. The expiry date of the Voucher is specified in its text. If the Voucher Holder does not use the Voucher within its validity period, the rights and obligations associated with it shall expire without the right to a refund of the Voucher price.
5.4 The Voucher can only be used once. The Voucher may be used for services whose price may be lower, equal or higher than the face value of the Voucher. If the price of the service is less than the face value of the Voucher, the difference will not be refunded. The Voucher Holder shall pay the amount of the service price exceeding the nominal value of the Voucher in the manner agreed with the Provider and in accordance with the GTC.
5.5 The Customer shall print the Voucher upon receipt and in this paper form the Voucher is transferable and assignable to another person (it is not issued to a specific person). The holder of the Voucher who redeems it with the Provider has the same rights as the Customer, except for the right to withdraw from the Purchase Contract and to exercise the rights of defective performance under the Purchase Contract, which are vested only in the Customer.
5.6 The voucher cannot be exchanged for cash. The voucher cannot be combined with other vouchers.
5.7 Upon delivery of the Voucher, the Customer or the Voucher Holder shall be responsible for its loss, theft or damage, and the right to redeem the Voucher shall cease in such cases. In justified cases, the Provider may provide a replacement Voucher.
5.8 If the Voucher relates to a service, the provision of which, according to the legal regulations or the Provider's terms and conditions, is conditional upon the attainment of a certain age or special eligibility, it may only be redeemed by a person who meets these conditions. Otherwise, the Provider is entitled to refuse the Voucher.
5.9 As the Voucher is linked to the provision of services, the Customer, by accepting the Terms and Conditions, expressly agrees to their provision by the Provider, even before the expiry of the withdrawal period.
6. TERMINATION OF THE CONTRACTUAL RELATIONSHIP ESTABLISHED BY THE PURCHASE CONTRACT
6.1 The contractual relationship established by the Purchase Contract may be terminated by agreement between the Seller and the Customer or by withdrawal from the Purchase Contract made by the Seller or the Customer for reasons under the Civil Code. The consequence of the termination of the contractual relationship is the invalidation of the Voucher, which the Seller shall carry out in the first case on the agreed termination of the contract, in the case of withdrawal on the date of cancellation of the Purchase Contract.
6.2 Withdrawal from the Purchase Contract shall cancel the Purchase Contract from the start and it shall be considered as if it had not been concluded. The Seller is obliged to return the Voucher Price paid to the Customer within 14 days of withdrawal from the Purchase Contract in the same manner in which it was received from the Customer, unless the Customer specifies another way. In addition to the above methods, the Seller may always refund the money by transferring it to the bank account or account from which the funds were transferred to pay the Voucher Price, if the Customer does not provide any other account within 5 days of withdrawal from the Purchase Agreement. By accepting these Terms and Conditions, the Customer agrees to the transmission of the funds according to the previous sentence, provided that the Customer does not incur any additional costs in this way.
6.3 Withdrawal from the Purchase Contract must be made in written form, and for the purposes of these Terms and Conditions, communication by electronic mail (e-mail) to the address specified in the header of these Terms and Conditions is also considered to be in written form. For withdrawal it is possible to use the form for withdrawal from the Purchase Contract available here.
6.4 The Consumer shall also have the right to withdraw from the Purchase Contract within the meaning of Section 1829 of the Civil Code within 14 calendar days from the delivery of the Voucher ( according to Paragraph 2.6 of Article 2.), without giving any reason and without any penalty, unless it is a case according to Paragraph 6.6 of this Article. In order to comply with the deadline for withdrawal from the Purchase Contract, it is sufficient to submit the withdrawal from the Purchase Contract before the expiry of the deadline referred to in the previous sentence.
6.5 A Customer who is not a Consumer does not have the right to withdraw from the Purchase Contract according to the previous paragraph 6.4 and is only entitled to withdraw from it if the Civil Code so provides.
6.6 If the Voucher is redeemed to the Provider within the meaning of these Terms and Conditions within 14 days of its receipt, the Consumer loses the option to withdraw from the Purchase Contract.
7. COMPLAINTS, RIGHTS FROM DEFECTIVE PERFORMANCE, INFORMATION ON OUT-OF-COURT DISPUTE RESOLUTION
7.1 The Seller is responsible to the Customer that the Voucher is free from legal and/or factual defects upon receipt (i.e. upon delivery to the Customer in electronic form).
7.2 If the Voucher contains any defects (e.g. a Voucher other than the Voucher ordered by the Customer has been delivered, the Voucher contains typographical errors, etc.), the Customer has the right to demand delivery of a new Voucher without defects.
7.3 The Customer's rights arising from defective performance under the Purchase Agreement (i.e. defects in the Voucher) are governed by the relevant provisions of the Civil Code (in particular the provisions of Sections 1914 to 1925 and Sections 2537 to 2540 of the Civil Code); in the case of a Consumer, also by Act No. 634/1992 Coll., on Consumer Protection, as amended. Rights from defective performance can be exercised with the Seller, whose contact details are given in the heading of these Terms and Conditions or on the Website.
7.4 Defects in the Voucher must be reported to the Seller without undue delay via the contact details listed in the heading of these Terms and Conditions, but no later than 7 days after receipt of the Voucher. If the Customer fails to report the defect without undue delay after it could have been detected by timely inspection and sufficient care, the court shall not grant the Customer the right of defective performance.
7.5 Complaints, including the removal of defects, must be resolved without undue delay, no later than thirty (30) days from the date of the complaint, unless the Seller and the Customer agree on a longer period. Failure to meet this deadline shall be deemed a major breach of contract.
7.6 If the Seller fails or refuses to remove the defect in a timely manner, the Customer may demand a discount from the Voucher Price or may withdraw from the Purchase Contract. The Customer is entitled to compensation for reasonable costs associated with the complaint only if the complaint was justified.
7.7 An interruption in the operation of the booking system for technical or other reasons shall not be grounds for a complaint.
7.8 The Voucher Holder's rights arising from responsibility for defects in the services provided under the Contract for performance (Provider's Performance) shall be exercised by the Voucher Holder against the Provider and their exercise and resolution shall be governed by the GTC or the Complaints Conditions applicable to the defective service provided.
7.9 The subject competent for the out-of-court dispute resolution (ADR) of the Purchase Contract between the Seller and the Customer, if the Customer is a Consumer, is according to § 20e (d) of Act No. 634/1992 Coll., on Consumer Protection, as amended, the Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No. 00020869, Internet address: http://www.coi.cz/ or another entity authorized by the Ministry of Industry and Trade.
8. RIGHTS AND OBLIGATIONS WHEN USING THE WEBSITE AND STORING COOKIES
8.1 The Seller informs the Customers that regardless of whether they make purchases through the booking system or only visit it, it is necessary to follow the following rules, which define and specify the conditions of use of all functional components of the booking system.
8.2 The Customer acknowledges that the software and other components that make up the shop's booking system are protected by copyright. The customer undertakes not to carry out any activity that may allow him or third parties to interfere or unauthorisedly
use the software or other components of the reservation system.
8.3 The Customer is not entitled to use mechanisms, software or other procedures in the use of the reservation system that could have a negative impact on the operation of the reservation system. The reservation system may only be used to the extent that it is not to the detriment of the rights of other customers of the Seller and is consistent with its intended use.
8.4 The Seller is not bound by any codes of conduct in relation to the Customer within the meaning of Section 1826 (1) (e) of the Civil Code.
8.5 The Customer acknowledges that the Seller shall not be responsible for defects resulting from third party interference with the Website or from the use of the Website in violation of its intended use.
8.6 The Website stores files, commonly referred to as cookies, on the Customer's device. These are used to ensure the functionality or improve the use of the Website and are also used in advertising and marketing. By using the Website, the Customer agrees to the storage and use of cookies. The Customer may restrict or block the storage and use of cookies. Information about the type of cookies used on the Website, the source, the purpose of processing the data obtained, the period of validity, the method of blocking cookies can be found here.
9. PROTECTION OF PERSONAL DATA, SENDING OF COMMERCIAL COMMUNICATIONS
9.1 All personal data provided to the Seller will be handled in accordance with Act No. 101/2000 Coll., on the Protection of Personal Data (hereinafter referred to as the "Personal Data Protection Act"). The Seller is registered with the Office for Personal Data Protection. The Seller declares that it will collect personal data to the extent necessary for the fulfilment of the stated purposes and process it only in accordance with the purpose for which it was collected.
9.2 By submitting an Order, the Customer confirms that it has read the information provided in these Terms and Conditions on the processing of personal data and on commercial communications and grants
Seller's consent:
9.2.1 with the processing of personal data within the meaning of the Personal Data Protection Act by the Seller as administrator or other persons with whom the Seller enters into a relevant contract as a processor pursuant to Section 6 of the Personal Data Protection Act, including the disclosure and transfer of the provided data to such processors and persons pursuant to Section 14 of the Personal Data Protection Act cooperating with the Seller on the basis of the contract, namely
a) for the purposes of negotiating, concluding, executing the Purchase Contract and for any claims arising therefrom in the range of name and surname, electronic mail address (e-mail), business name, registered office address, identification number, tax identification number and for the period necessary to achieve the stated purpose for which the personal data are processed, but no longer than until the full settlement of the rights and obligations arising from the Purchase Contract;
b) for commercial and marketing purposes, in particular offering trade and services, informing about offers, events and activities of the Seller, sending commercial communications by electronic means within the meaning of Act No. 480/2004 Coll, on certain information society services and on amendments to certain acts as amended (hereinafter referred to as "IS Services Act"), which shall include commercial communications concerning the Seller's products, services, items and activities, in the range of name and surname, electronic mail address (e-mail), business name, registered office address, identification number, tax identification number and for an indefinite period of time;
9.2.2 with the use of the details of the electronic contact provided by the Customer in the Order for the purpose of disseminating commercial communications within the meaning of the IS Services Act (i.e. with the sending of commercial communications to the Customer by electronic means by the Seller, which will include commercial communications by the Seller.
9.3 Due to the nature of the existing (and potential) relationship, the provision of the above data and/or consent to its processing is voluntary.
9.4 The Seller may only process personal data and disseminate commercial communications with the consent of the person to whom the data relates, unless otherwise provided by law (Personal Data Protection Act, § 5 para. 2, where the processing of data is necessary for the conclusion and performance of contracts or for the protection of the Seller's rights and legally protected interests, § 5 para, where the Seller, if it has obtained personal data from the Customer in connection with its activities, may use the data for marketing purposes - offering a shop or service - in the range of name, surname, address; IS Services Act at Section 7, where consent is not required for sending commercial communications relating to its own similar products and services where the Seller has obtained electronic contact details for electronic mail from its Customer in connection with the sale of a product or service as required by the IS Services Act, provided that the Customer has the opportunity to refuse consent in the manner provided by law if it has not already done so).
9.5 The Seller, as the personal data manager, is entitled to delegate the processing of personal data to another person as a processor on the basis of a contract pursuant to Section 6 of the Personal Data Protection Act, including the transfer of personal data for the defined purpose and range of processing. The Seller may also provide access to and transfer the data provided to persons pursuant to § 14 of the Act cooperating with the Seller as a data controller on the basis of a contract, only to the extent and under the conditions set by the data controller or processor; these persons have a statutory or contractually assumed duty of confidentiality.
9.6 The personal data provided will be processed (manually or by means of computer technology) by persons specifically authorised to do so. This personal data will be stored securely in electronic or paper form with secure access.
9.7 The Customer may withdraw the consent given to the processing of the personal data provided at any time in writing, and the Customer may object to the processing of data for commercial and marketing purposes and to the sending of commercial communications by e-mail to the Customer's e-mail address at any time, either by contacting the contact address specified in these Terms and Conditions or, when sending an individual message by e-mail, also by clicking on the relevant field in the message to refuse consent to the use of the e-mail address.
9.8 The Seller is obliged (and on its instruction also the processor) to eliminate the personal data once the purpose for which it was processed has ceased to exist or upon the Customer's request pursuant to Section 21 of the Personal Data Protection Act;
9.9 The Customer has rights under Sections 11, 12 and 21 of the Data Protection Act, in particular the right to access his personal data and, upon written request, the Data Controller shall provide the Customer with information about the personal data processed about him free of charge;
9.10 The Customer has the right, if he/she believes that the data controller or processor is processing his/her personal data in violation of the protection of his/her private and personal life or in violation of the Personal Data Protection Act, to request an explanation from the data controller or processor and to demand that the data controller or processor eliminate the situation so arising; the data controller or processor is obliged to immediately eliminate the situation so arising if the Customer's request is found to be justified;
9.11 The Customer has the right to contact the Data Protection Authority (www.uoou.cz) with a suggestion or complaint; if the data controller or processor fails to comply with the Customer's request under the preceding paragraph, the Customer may also contact the Authority directly.
10. DELIVERY
10.1 Unless otherwise agreed, all correspondence relating to the Purchase Agreement must be delivered to the other party in writing, by electronic mail, in person or by registered mail via
postal service provider (at the option of the sender). Delivery to the Customer shall be made to the Customer's electronic address specified in the Customer's Purchase Order. The Seller shall be served at the registered office address or the electronic mail address specified in the heading of these Terms and Conditions.
11. FINAL PROVISIONS
10.1 These Terms and Conditions are valid and effective upon their publication. A new version of the Terms and Conditions may be published on the Website. On the date of publication of the new Terms and Conditions, unless otherwise stated, the previous Terms and Conditions shall no longer be valid and effective. For the concluded Purchase Contract, the version of the Terms and Conditions that was valid and effective at the time of sending the Order shall apply.
10.2 Relationships related to the use of the Website, legal relationship established or related to the Purchase Contract or the redemption of the Voucher shall be governed by the law of the Czech Republic, even if it contains an international (foreign) element.
10.3 These Terms and Conditions come into effect on 1 May 2023. Changes to the Terms and Conditions are subject to change..
Sfera Hospitality s.r.o., 1. 5. 2023