REDFOXAPARTMENT Kašperské Hory
General Contractual and Accommodation Terms and Conditions
1. General Terms and Conditions
1.1. Legal relations between the accommodation provider K 33 Invest, s.r.o., with its registered office at Klínec 33, 25210 Klínec, Identification Number: 06130682 (hereinafter referred to as the "provider") and the guest (the person entering into negotiations with the provider for the purpose of concluding an accommodation agreement, hereinafter referred to as the "guest"), concerning short-term accommodation and/or the use of additional services in the Redfoxapartment premises in Kašperské Hory, are governed by these General Terms and Conditions, the respective agreement, Act No. 89/2012 Coll., the Civil Code, and related regulations.
These terms and conditions of business and cancellation form an integral part of the accommodation reservation and the accommodation agreement, or the accommodation voucher.
1.2. All legal actions between the provider and the guest (especially accommodation offers (see section 2.1), reservations (section 2.2), reservation confirmations (section 2.3), agreements (section 2.4), amendments, etc.) shall be conducted in writing, and written legal actions shall also include actions carried out via email or the provider's electronic form. Obvious typographical and printing errors by the provider are not binding.
1.3. By submitting/entering a reservation with the provider, the guest confirms that they have read and agreed to the terms of the provider's offer, the price of accommodation and/or additional services, and these Terms and Conditions.
1.4. Once a contract is concluded, these Terms and Conditions become an integral part of the contract. If any provisions of the contract conflict with the relevant provisions of these Terms and Conditions, the provisions of the contract take precedence over the wording of the Terms and Conditions. Matters not explicitly regulated by the contract are governed by the relevant legal regulations.
2. Formation of accommodation, amendment of conditions
2.1. The accommodation provider offers accommodation and/or additional services through offers, primarily on websites, through business communications to which the recipient (guest) has given consent, as well as through approved intermediaries and promotional materials of the accommodation provider.
2.2. The guest expresses their intention to stay by sending a reservation to the accommodation provider or the operator of the accommodation portal.
2.3. If the accommodation provider agrees with the reservation (its content), they will send a confirmation of the reservation to the guest.
2.4. By delivering the confirmation of the reservation from the accommodation provider, a contract for accommodation (hereinafter referred to as the contract) is formed between the accommodation provider and the guest. Until the contract is formed, the accommodation provider is entitled to unilaterally change the conditions (parameters) of the accommodation. The accommodation provider has the right to refuse to enter into the contract without stating a reason.
2.5. The contract (conditions of accommodation) can only be modified in writing. The other party is not obligated to accept the proposed changes to the contract.
2.6. The guest may not, for any reason, transfer the accommodation and/or other services to any person who is not mentioned in the contract.
2.7. If the Accommodation Provider is unable to fully or partially fulfill the contract due to force majeure, they shall promptly inform the guest of this fact and propose an amendment to the contract. Force majeure refers to circumstances beyond the control of the Accommodation Provider (such as decisions of public authorities, war, strike, blockade, natural disasters, etc.) that the Accommodation Provider could not foresee or prevent even with reasonable efforts. In such a case, the guest has the right to refuse the proposed amendment within a specified period. If the guest refuses the proposed amendment, the Accommodation Provider has the right to terminate the contract. The guest has the right to a refund of any amounts paid to the Accommodation Provider until the termination. The Accommodation Provider is not liable for any damages incurred by the guest as a result of the force majeure.
3. The price of accommodation, payment conditions, liability for damages
3.1. The prices of accommodation, additional services, mandatory surcharges (such as spa and resort fees, penalties for disturbing the quiet hours and public order, etc.), optional surcharges (particularly services beyond the standard accommodation as agreed upon), as well as other prices and mandatory payments, are stated in the accommodation provider's price list effective for the period in which the accommodation or other services are/will be provided or when another circumstance arises establishing the obligation of the guest to pay. However, for the guest, the price stated in the contract or accommodation voucher is binding. The scope of the contractually agreed services and prices is determined by their breakdown in the contract or voucher. The accommodation provider is entitled to change the agreed-upon conditions of the stay in cases beyond their control (such as force majeure).
3.2. The guest bears full responsibility and is obliged to pay in cash (in Czech crowns, unless otherwise agreed) a compensation of at least the purchase price for excessive pollution/damage/destruction/loss of the accommodation premises and the property of the accommodation provider. The supplier and the purchase price for remedying the defective condition are determined by the accommodation provider.
3.3. The prices in the price list are stated in CZK (Czech crowns) and/or EUR. Unless expressly stated otherwise, the prices listed in the price list include VAT (Value Added Tax).
3.4. The guest is obliged to pay the agreed price to the accommodation provider as stated in the contract, and subsequently in the issued invoice, in the currency, amount, and within the payment deadline specified in the invoice.
3.5. For non-cash transfers, the payment is considered complete upon the corresponding amount being credited to the accommodation provider's account. For cash payments, the payment is considered complete upon the accommodation provider's receipt of the cash amount.
3.6. The accommodation provider is entitled to unilaterally increase the price in the event of a change in the VAT rate due to a change in legislation, an increase in the local tax for spa or recreational stays (if included in the price), and/or a substantial change in price inputs related to the accommodation and/or other services. A substantial change is considered an increase of at least 5% occurring between the time of contract conclusion and the first day of accommodation. If the accommodation provider decides to increase the price based on any of the aforementioned reasons, they shall inform the guest of the new price and provide a reason for the change. Upon notification of the new price, the guest has the right to terminate the legal relationship without being obligated to pay any penalties (cancellation fees) according to Article 3.8 of these Terms and Conditions. The accommodation provider is not liable for any damages incurred by the guest as a result of the price change.
3.7. The agreed total price stated by the accommodation provider in the reservation confirmation and invoice must be fully paid by the guest prior to the start of the accommodation and/or the commencement of the service.
3.8. Cancellation policy:
The guest is entitled to cancel the reservation at any time prior to arrival. Cancellation of the stay requires a written electronic form (email with delivery receipt) to the address redfoxapartment@icloud.com. The date and time of sending the email are decisive for determining the cancellation period.
For larger groups, individual cancellation fees may be agreed upon.
The accommodation provider will not charge the guest the aforementioned cancellation fees if the guest was unable to use the agreed services due to the following reasons: death in the family, hospitalization of the guest or a family member, serious illness, call-up order, natural disaster. The guest is obliged to provide written proof of the above-mentioned circumstances to the accommodation provider no later than 3 days after their occurrence.
3.9. If, upon the guest's arrival, it is proven that the agreed-upon price has not yet been fully credited to the accommodation provider's account, the guest is required to pay the missing amount on the spot. In the opposite case, the accommodation provider has the right to terminate the contract and refuse accommodation to the guest. The guest is not entitled to a refund or compensation. The guest is obliged to pay a cancellation fee amounting to 100% of the total agreed price.
3.10.If the accommodation and/or service is not fully or partially utilized by the guest for the entire agreed period or its part due to reasons on the guest's side, the guest is not entitled to a refund of the price or its part.
3.11.The accommodation provider is not liable for any damage to items brought in or left by the guest. The accommodation provider is not responsible for defects in externally provided services. The accommodation provider is not liable for any damage caused by third parties.
4. Commencement, course, and termination of accommodation.
4.1. Accommodation can be commenced no earlier than on the day specified as the first day of accommodation (day of arrival) according to the agreement, starting from 15:00 onwards. On the day specified as the last day of accommodation (day of departure) according to the agreement, the guest is required to vacate the accommodation premises, cleaned and cleared, by 11:00.
4.2. The guest is responsible for the validity and correctness of personal, travel, and other documents presented to the accommodation provider for identification purposes. The accommodation provider has the right to immediately terminate the contract if it subsequently discovers that the information provided by the guest in the reservation is incomplete or untrue. The guest is not entitled to compensation or damages in such cases.
4.3. The accommodation premises may be occupied by a maximum number of persons as stated in the contract. In the event of a breach of this obligation, the accommodation provider is entitled to immediately terminate the guest's accommodation without compensation, and the guest is required to pay a contractual penalty to the accommodation provider in the amount of 100% of the total accommodation price.
4.4. The guest is required to indicate their interest in accommodating a pet in the accommodation premises at the time of reservation. If the accommodation provider agrees, as expressed in the reservation confirmation, the guest is obliged to pay the specified price for accommodating the pet. The accommodation provider has the right to refuse the presence of a pet in the accommodation premises without providing a reason. The guest bears full responsibility for the pet's stay in the accommodation premises and agrees to comply with all safety and hygiene rules (including adherence to noise limits, observance of quiet hours, walking the pet in designated areas, etc.).
5. Applicable law
5.1. The contract and other legal relations between the accommodation provider and the guest are governed exclusively by the laws of the Czech Republic. In the event of any disputes between the accommodation provider and the guest, if no agreement is reached, the courts of the Czech Republic shall have jurisdiction, with the general court of the accommodation provider being competent for their resolution.
6. Complaints Procedure
6.1 The guest is obligated to lodge a complaint in a timely manner without undue delay so that a remedy can be arranged, preferably at the place itself. Lodging a complaint on the spot enables the immediate rectification of the defect, while a delay in time makes it more difficult to establish evidence and objectively assess the situation, thus compromising the proper handling of the complaint. The guest may lodge a complaint either verbally or in writing.
The rights arising from liability for defects in the provided services under the accommodation contract shall cease to exist if they are not asserted within 7 calendar days from the end of the stay, unless a different deadline is provided by law for their assertion.
When asserting a complaint, the guest is obliged to properly substantiate their complaint and, if possible, provide evidence to support the facts. At the same time, the guest is required to submit documentation of the provided service, a copy of the reservation, an invoice, etc., as well as the item whose defect is being complained about..
If the guest asserts their right to claim for defects in the services provided or already provided to them, the accommodation provider (or authorized person) is obliged to decide on the complaint immediately after the necessary examination of factual and legal circumstances. In complex cases, the complaint must be processed without undue delay. The resolution of the complaint must be completed no later than 30 days from the date of the customer's complaint, unless a longer period is agreed upon with the customer. The time required for a professional assessment of the defect is not included in this period.
The guest is obliged to provide the necessary cooperation for the handling of the complaint, in particular by providing information, submitting documents proving the factual situation, specifying their requirements regarding the reasons and extent of the complaint, etc. If necessary, the guest must allow access to the premises that were rented for accommodation in order to verify the validity of the complaint.
In cases where the complaint is assessed as fully or partially justified, the handling of the complaint involves free rectification of the service defect or, if possible, the provision of substitute services. Otherwise, the accommodation provider will grant an appropriate discount from the price of the defectively provided service. This does not affect the guest's right, in cases specified by legal regulations or expressly agreed with the accommodation provider, to terminate the contract; however, the guest must reimburse the accommodation provider for reasonably incurred costs and any other damage resulting from the termination, if the guest could not have prevented it.
7. Effective Date of the Terms and Conditions
7.1. These Terms and Conditions shall come into effect on January 1, 2021.
8. Operator
K33 Invest, s.r.o., Klínec 33, 252 10 IČ: 06130682. DIČ: CZ06130682