GENERAL BUSINESS TERMS AND CONDITIONS FOR HOTEL ACCOMMODATION AND ORGANISING EVENTS 1 Scope of Application 1. The present General Business Terms and Conditions shall apply to all the services and supplies provided by the Radisson BLU Alcron Hotel in Prague (hereinafter referred to as the Hotel). 2. If the Hotel modifies their General Business Terms and Conditions still before terminating the present Contract, the updated version thereof shall be incorporated into the Contract if the either Contracting Party has been informed about it if written and unless the latter makes a protest against their incorporation therein within a period of 14 days. 2 Concluding a Contract 1. The Contract (hereinafter also referred to as the Booking) shall become effective after the Client s request is accepted. The Hotel shall confirm receiving the Booking in written. 2. If any third party provides the Booking for the Client, the third party shall be liable to the Hotel as a booking party together with the Client, jointly and indifferently. 3 Services, Prices, Payments, Invoices 1. The Hotel shall provide the Client with the ordered services that the Hotel has accepted to be provided. 2. The Client shall pay to the Hotel the agreed prices for those and other services performed. This shall apply even to Hotel services and expenditures spent by any third party. 3. The agreed prices include a current VAT rate fixed by law. If the VAT rate relating to the contractual services increases or decreases after having concluded the Contract, the prices shall be modified correspondingly. 4. If the time between concluding the Contract and fulfilling the Contract, as being defined by contractual agreements, exceeds four (4) months and the Hotel increases the price accounted for those services due to a general rise in market prices, the contractual price may be increased appropriately, but not more than by 5%. 5. The Hotel is entitled to increase the prices if there is an increase in taxes and fees in compliance with effective Czech legal regulations. 6. The Hotel s accounts are payable immediately after receiving a bill, without any deduction, unless there are any other payment terms expressly agreed upon. At any time, the Hotel is entitled to submit the incurred receivables to the Client and to ask for their immediate repayment. If there is a delay in payments, the Hotel is entitled to require an interest amounting to 0,02% per day. This shall not affect the Hotel s title to any compensation for damage, 7. Subleasing and financial leasing with optional purchase relating to the assigned hotel rooms, other rooms, premises, areas or boxes/ showcases, as well as invitations to interviews, selling activities or other events require the Hotel s preliminary written consent. 8. If this being agreed in the Contract, the Hotel is entitled to require corresponding advance payments or deposits in form of a guarantee, credit card or a similar warranty from the Client. If the advance is not paid within an agreed term, the Hotel may withdraw from the Contract and ask for compensation for damage. 9. In reasonable cases (for example if there is the Client s debt, not settled yet, or if the extent of the Contract is requested to be extended, the Hotel is entitled to ask for increasing their payment, agreed upon in advance in the Contract, or for increasing a deposit, to the amount of the expected accommodation cost. 10. In addition, the Hotel is entitled to ask for an adequate advance payment or a deposit from the Client at the beginning and during the Client s stay there on condition that such an advance payment or deposit hasn t already been paid in conformity with the above-mentioned provisions. 11. The Client may settle or reduce the Hotel receivable by compensation just if the Client has an incontestable and justified receivable from the Hotel. 4 Free Rooms for Booking; Handing and Taking the Rooms Over 1. The Client gets no title to booking a particular room unless the Hotel confirms in written the booking of a particular room. VOP_updated_EN
- 2-2. The rooms booked are available to the Client from 3 p.m. on the day of the Client s arrival. The Client is not entitled to find accommodation sooner there. The guests who come before 3 p.m. may go to their rooms as soon as possible when the rooms are available to them. 3. The clients should move to their booked rooms by 6 p.m. on the day of their arrival. After that time, the Hotel can book the rooms to someone else unless the Client informs the Hotel in advance in written about their later arrival. The Hotel is entitled to ask for a warranty for a late arrival. 4. Consequently, the Client shall release the room on the agreed day of their departure at the latest at 12 a.m. After that time, the Hotel may account for 50% of the agreed price for the room for further use of the room until 6 p.m., and 100% for the time of use from 6 p.m. Any other title to claim compensation for damage by the Hotel is reserved. 5 The Client s Withdrawing from the Accommodation Contract 1. The Client s withdrawing from the Contract requires the Hotel s preliminary written consent. Without that consent to be given by the Hotel, the Client will have to pay 100% of the contractual price for the rooms not used for each booked night unless they cannot be booked to other clients. The Client may prove that the above-mentioned receivable has not arisen at all or just in the required amount. The Client cannot furthermore claim the room ordered for more days unless the Client comes on the first day of booking and informs the Hotel about it in advance. In that case, the Hotel is entitled and obliged to offer the room for the remaining period of time, for the longest term possible. 2. If the Hotel and the Client have agreed upon a term for withdrawing from the Contract without any cancellation fee, the Client may withdraw from the Contract without the Hotel being entitled to claim compensation for damage. The Client s title to the withdrawal shall cease to exist unless the Client uses their right to withdraw from the Contract with the Hotel within an agreed term. 3. The services provided by third parties or special services that will not have been used due to cancelling the Contract, will have to be settled in full by the Client. 6 The Client s Withdrawing from the Event Contract 1. The Client is entitled to withdraw from the Contract without any cancellation fee just if it has been agreed in written with the Hotel. Otherwise, the Hotel is entitled to account for fees and costs fixed in the Contract even if withdrawing from the Contract. 2. The Client is entitled to prove that the Hotel has not been damaged due to not executing an event or that such a loss is lower for the Hotel than a lump compensation claimed by the Hotel. 7 The Client s Withdrawal from the Combined Accommodation & Event Contract 1. The Client is entitled to withdraw from the Contract just if this was agreed upon in written with the Hotel. Without that consent, the Client has to pay a contractual penalty fixed in the Contract if no other rental is possible. The Client is entitled to prove that the above-mentioned receivable did not come into being or that it did not come into existence in the required amount. 2. If the Hotel and the Guest agreed upon a term for withdrawing from the Contract without any cancellation fee, the Client may withdraw from the Contract within that term without being supposed to settle any costs or indemnity to the Hotel. The title to withdraw from the Contract shall cease to exist if the Client has not used that right of them within the agreed term. 8 The Hotel s Withdrawing from the Contract 1. If it was agreed upon that the Client is entitled to withdraw from the Contract without any costs generated within the fixed term, the Hotel is also entitled to withdraw from the Contract in that term.
- 3-2. If the advance payment agreed upon or the advance payment required based on the present General Business Terms and Conditions is not settled by the due date, the Hotel is also entitled to withdraw from the Contract. In addition, the Hotel may require compensation for damage from the Client. 3. Hotel is entitled to withdraw from the Contract with immediate effect, when, for example: - Force majeure and other circumstances for which the Hotel is not responsible make the fulfilment of the Contract impossible; - Bedrooms and other rooms are intentionally booked using misleading or untrue statements on the facts that are significant for the Contract, e.g. who is the Client or what s the purpose of their stay; - The hotel has a justified reason to think that using the Hotel s services may threaten smooth running of its business, safety or the Hotel s reputation unless those being in the Hotel s responsibilities; - The purpose or reason of a stay are illegal; - There is an unauthorised subleasing or financial leasing with optional purchase in contradiction with Subsection 3.8 of the present General Business Terms and Conditions; - The Hotel is closed; - Proper accommodation and/or relevant facilities for an event are not ensured because the Hotel is being renovated; - The Client withdraws from a part of the Contract if there is a combined Contract on Accommodation and Organising an Event; - If there is a bankruptcy or settlement proceeding opened in connection with the Client s property; 9 Number of Participants; Changing Number of Participants and Changing the Place of an Event 1. A change in the number of the participants registered by the Client, exceeding the number by 5%, shall be notified of in written to the Hotel Catering Department at the latest 14 days before the beginning of an event so that the Hotel can take it into account while making their invoice. The differences in the number less than those ones (below 5%) will be based on the original number of the registered participants. 2. The increase in the number of the participants, exceeding 5%, necessitates the Hotel s written consent if the invoice is established based on the real number of the participants. 3. If there is a change in the number of the participants by more than 10%, the Hotel is entitled to exchange the agreed rooms on condition that the size of the new rooms is more suitable for the last reported number of the participants and the rooms are equipped comparably. 4. If necessary, the Hotel is entitled to move the reserved event into another room, for the same price. 5. If there is a change in the agreed time of the beginning and the end of an event without the Hotel s preliminary written consent, the Hotel may account for further costs if the Hotel is responsible for changing the time. 6. If the event goes on after midnight, the Hotel is entitled to account for 1.50 per guest / hour, including VAT. The agreed number of the participants is considered to be the basis or calculating the number of guests. 7. No exhibiting or displaying is permitted in the foyer and the hall. A preliminary written consent of the Hotel is required for placing own promotion things there. 10 Own Food and Beverages 1. Food and beverages for an event are to be provided just by the Hotel. Any exception from that rule necessitates the Hotel s preliminary written consent. In such cases, the Hotel will invoice for a sum to cover their overheads ( fee for removing stoppers from bottles additional fee for consuming own beverages brought in ). 2. The Client is fully responsible for the food and beverages brought in that they are suitable for consumption; for their full conformity with effective Czech legal provisions; and the Client releases the Hotel from any third parties claims in that sense. 3. The Hotel does not bear any responsibility for the shelf life and quality of the food that is carried away from and/or brought into the Hotel after an even, or that is carried away from the Hotel for private consumption purposes.
- 4-11 Technical Facilities & Connection 1. If the Hotel arranges for other technical and relating facilities from a third party based on the Client s request, the Hotel will act on behalf of the Client and following the Client s authorisation. The Client is responsible for carefully handling the equipment and for their proper returning. The Client releases the Hotel from any titles of any third party if the requirements for providing that equipment have been cancelled. 2. Any use of the electrical equipment by the Client or a third party authorised by the Client that shall be connected to the Hotel electronic network, requires the Hotel s preliminary written agreement. Any defects or injury caused to the Hotel s technical facilities by using the equipment and devices, shall be borne by the Client if they are not to be borne by the Hotel. The Hotel is entitled to lump compensation for the energy costs that will increase by using such particular equipment. 3. The Client is entitled to use their own phone, fax and data media just with the Hotel s consent. The Hotel is entitled to account for a connection fee. 4. Any defect to the technical or other equipment provided by the Hotel shall be repaired as soon as possible. Payments cannot be retained or reduced unless the Hotel bears responsibility for such defects. 5. If not directly using the ordered technical equipment of the Hotel because of the fact that the Client authorised an external technical company to do that, the Hotel is entitled to claim compensation for operation loses. 6. While bringing any (technical) equipment therein, the Client fully guarantees that the equipment has all necessary certificates and conforms to effective Czech regulations for fire protection and labour safety, and guarantees the damage that might be caused to the Hotel or their visitors due to operating such equipment. 12 Musical Shows; Art Exhibitions 1. If the events impact any third party s rights (copyright, etc.), the Client shall get relevant authorisations on their own account before starting an event, and pay the fees thereof. The Client releases the Hotel from any claim of any third party, established by violating their rights, and such claims being laid against the Hotel. The Client undertakes to pay the Hotel any cost and damage that will be caused to the Hotel thereby. 13 Decoration Material, Exhibits for Events 1. Decoration material, exhibits and personal things belonging to the Client who, themselves, is not a Hotel guest, shall be deposited in the rooms or areas of organising an event or in the Hotel at the Client s risk. The Hotel bears no responsibility for any loss, destruction or damage to such things, apart from the Hotel s gross negligence or their intent. The Client also bears full responsibility towards any third party if such things cause an injury or damage to their health. 2. Decoration material brought in shall be in conformity with fire protection and sanitary regulations. The Hotel is entitled to request official certificates thereof. Unless the Client complies with the Hotel s request, the Hotel is entitled to remove and deposit such decoration material on the Client s account. Considering potential damage, the things can be placed on walls and ceilings just with the Hotel s preliminary written consent. 3. Immediately after terminating an event, the Client shall remove all the exhibits or other things that were brought in by themselves or by the participants in the event. Unless the Client complies with that duty, the Hotel is entitled to remove and deposit those things on the Client s account. If the things stay in the room (premises) of organising the event, the Hotel may account for an agreed price for a room (premises) rented for that purpose for the time the things stays there. Nevertheless, the Client may prove that the damage produced is lower, and the Hotel can also claim compensation for damage from the Client if the damage exceeds the agreed price for leasing the room (premises). 4. The Client shall provide for disposal of all wastes in compliance with corresponding legal regulations. 5. If the Client entrusts the Hotel with disposing of packaging and other wastes, the Hotel is entitled to account for the real costs thereof to the Client. 14 The Client s Responsibility 1. The Client is responsible for the damage caused in the Hotel building and its equipment, and next for the damage caused to the Hotel s employees and guests that had been caused by the Client, participants in an event, the staff authorised by the organizer
- 5 - or other persons performing their activities for the Client. The Client shall ensure (e.g. insurance, advance payments, warranties, etc.) that the Hotel bears responsibility for the above-specified damage and shall completely settle up with the Hotel and/or a third party for any title applied thereby. 15 Defects; the Client s Duty to Cooperate 1. If there is any defect in deliveries or services on the Hotel s side, or if the services are interrupted, the Client shall inform the Hotel thereabout immediately after having found is so that the Hotel can set it right as soon as possible or provide for deliveries or services as being understood by the Contract. Unless this being possible because of the nature of a defect and/or breakdown or another serious reason, a Defect Report has to be made in any case at the latest when returning the rooms and premises rented. The Client shall endeavour to mitigate the damage produced. 16 The Hotel s Responsibilities 1. The Hotel shall fulfil their contractual duties with due diligence and shall be responsible for the damage caused to the Client and to any third party in compliance with the terms and conditions of the present Contract and in conformity with effective regulations. 2. A regular custody contract shall be concluded if the Client is provided with some room in the Hotel s garage or in the Hotel s parking area to put their personal things thereto. 18 Final Provisions 1. Any modification of or amendments to the Contract on Accommodation and Organising Events shall be made in written to be effective. If the Contracting Parties relinquish the requirements of providing a written version thereof, this shall also be put down in written. 2. The place of fulfilment is the Hotel s registered office. 3. The contractual relationships between the Client and the Hotel shall conform to effective Czech laws, namely to the Civil Code and relating legal provisions. Any disputes are to be decided by a relevant court in the administrative district of the Hotel s headquarters. The United Nations Convention on Contracts on the International Sale of Goods and provisions on collision of legal regulations shall not be used there. 4. If the particular provisions of the Contract on Accommodation or Organising Events, or particular provisions of these General Business Terms and Conditions for accommodation and for organising events in the Hotel are or shall become ineffective, the efficiency of other provisions thereof shall remain in force. Such null and void provisions shall be substituted by effective legal provisions instead.