II. Conclusion of contract, contractual partners, statute of limitations

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Transcription:

Dear Guest, We make every effort to make your stay in our Hotel as pleasant as possible. Therefore, you should know which services we offer, what we stand for and which obligations you have towards us. Please observe the following General Business Terms, which are intended to regulate and clarify the contractual relationship between us in both our interests, and which you acknowledge with your booking. I. Scope 1. These General Business Terms apply for contracts concerning the renting of Hotel rooms for purposes of accommodation and of conference, banquet and event rooms in the Hotel for events and for all other services and deliveries provided for the Customer by the Hotel. 2. Business terms and conditions of the Customer shall only apply if expressly agreed in writing in advance. II. Conclusion of contract, contractual partners, statute of limitations 1. The contract shall be concluded when the Customer s application (booking) is accepted by the Hotel. The Hotel is at liberty to confirm the booking in writing. 2. Contractual partners are the Hotel and the Customer. In the event that a third party has placed the order on behalf of the Customer he shall be liable towards the Hotel together with the Customer as joint and several debtors for all obligations under the contract insofar as a corresponding declaration of the third party is available to the Hotel. 3. The prior written consent of the Hotel is required before any sub- or further leasing of the rooms and use for other purposes than for accommodation or than those agreed in the contract. 4. All claims against the Hotel shall become statute-barred in one year from commencement of the knowledge-based regular statute of limitations of 101 Občianskeho zákonníka. Claims for damages shall become statute-barred, independent of any knowledge, in five years. The restrictions in the statute of limitations shall not apply for claims due to a wilful or grossly negligent breach of duty of the Hotel. III. Hand over and return of the hotel room 1. The Customer shall not be entitled to the provision of certain rooms. 2. Insofar as no other agreement exists, reserved rooms shall be made available to the Customer from 14:00 on the agreed date of arrival. The Customer shall have no entitlement for the reserved room to be made available earlier. 3. The rooms are to be cleared and made available to the Hotel again by no later than 12:00 pm on the agreed date of departure. After this, if the room is cleared by 18:00, the Hotel is entitled to charge 50 % of the full rate (list price) for the delay; from 18:00 the Hotel may charge 100 %. This shall not justify any contractual claims on the part of the Customer. The Customer is at liberty to prove that the Hotel has not suffered either any or lower damages.

4. Reserved rooms not occupied by 17:00 at the latest on the date of arrival may be re-allocated by the Hotel. This shall not apply insofar as a later arrival time has been expressly agreed. IV. Prices, services 1. The agreed price to be paid by the Customer and the agreed services of the Hotel may be seen from the reservation confirmation. Insofar as the reservation has not been confirmed, the applicable prices hanging at the reception or in the room shall apply. The Customer is obliged to pay the applicable or agreed prices of the Hotel for using the room and any other services used by him. This shall also apply for services and expenses of the Hotel to third parties arranged by the Customer. 2. The agreed prices include service charges and the respective applicable rate of value added tax. If the period of time between conclusion of the contract and performance under the contract shall exceed 4 months and should the price generally charged by the Hotel for such services increase then the Hotel is entitled to increase the price agreed as per contract by a reasonable amount, however no more than by five percent. Furthermore, the prices may be changed by the Hotel if the Customer subsequently requests changes to the number of booked rooms, the services of the Hotel or the length of stay and this is approved by the Hotel. V. Events 1. The organizer shall inform the Hotel of the final number of participants by no later than six workdays before the date of the event in order to ensure a careful preparation. 2. A reduction in the number of participants by a maximum 5% will be acknowledged by the Hotel in the invoice. In case of deviations beyond this number, the original registered number of participants minus 5% will be used as a basis. 3. In case of deviations in the number of participants upwards the settlement will be based on the actual number of participants. Overruns of more than 5% must be coordinated with the Hotel in advance. 4. In case of deviations in the number of participants by more than 10% the Hotel shall be entitled to fix a new price than that which was agreed and exchange the confirmed rooms unless this shall be deemed unreasonable for the organizer. 5. In case of events which finish after midnight the Hotel is entitled to settle service charges individually after midnight, insofar as the agreed payment does not already take into account a time beyond midnight. 6. The organizer is principally not entitled to bring food and/or drinks to the events. Exceptions require a prior written agreement with the Hotel. In these cases a fee or cork payment will be charged. 7. Organizers and purchasers shall be liable for the payment of any food and drinks ordered additionally by the participants of the event. 8. The organizer/purchaser undertakes to inform the Hotel without request if the performance of the service and/or the event is suitable for arousing public

interest and impeding or endangering the needs of the Hotel owing to its contents or character. 9. Newspaper advertisements and other measures or publications, in particular invitations to interviews, political or religious events and sales events, which contain a reference to the Hotel principally require the prior written consent of the Hotel. 10. Insofar as the Hotel procures on behalf of the organizer and at his request technical and other facilities from third parties it shall act in the name of, by authorization and for the account of the organizer. The organizer shall release the Hotel from all claims of third parties from the handing over of these facilities. 11. The prior written consent of the Hotel must be obtained before using own electrical systems by the organizer with the use of the power supply of the Hotel. Any disturbances or damages caused through the use of these appliances to the technical systems of the Hotel shall be for the account of the organizer insofar as the Hotel is not responsible for these. 12. Decorations brought along by the organizer must meet any requirements under fire protection law. The Hotel is entitled to demand official proof for this. Owing to possible damages the installation and affixing of items are to be coordinated with the Hotel in advance. 13. All exhibition and other items brought by the organizer are to be removed immediately at the end of the event. If the organizer fails to do this and the items remain in the event room then the Hotel may charge rent for the room for the time which the objects remain in the room. The organizer reserves the right to prove lower, the Hotel higher damages. The Hotel is also entitled to remove and store the objects for the account of the organizer without this signifying the conclusion of a contract for custody and safeguarding. The organizer undertakes to reimburse the Hotel for any damages incurred through the storage of the goods which were left behind. VI. Payment, hotel invoices 1. The Hotel is entitled to demand a reasonable advance payment or deposit upon conclusion of the contract or at a later date, by taking into account the legal provisions for package holidays. The amount of the advance payment and the payment dates may be agreed in the contract in writing. 2. Invoices of the Hotel without due date are payable within 10 days from receipt of the invoice without deduction. The Hotel is entitled at all times to render accrued claims due and payable and to demand payment immediately. In case of default of payment the Hotel shall be entitled to demand the respective applicable legal interest on default, at present 8%, or in case of legal transactions in which a consumer is involved, five percentage points above the base lending rate. The Hotel reserves the right to prove higher damages. 3. The Customer may only set off or reduce against a non-disputed or legally valid claim towards the Hotel. VII. Cancellation, withdrawal by the customer 1. In case of a single reservation of a Hotel room the Customer may cancel the Hotel room free of charge up to 16:00 of the date of arrival, insofar as not

otherwise agreed. Incidentally, a cancellation on the part of the Customer from the contract entered into with the Hotel requires the written consent of the Hotel. In the event that this is not given then the agreed price under the contract is also to be paid if the Customer does not use the contractual services. This shall not apply in case the Hotel breaches the obligation to consider rights, legally protected goods and interests of the Customer if it shall no longer be deemed reasonable for him to uphold the contract through this or he is entitled to any other legal or contractual right of cancellation. 2. Insofar as a date has been agreed in writing between the Hotel and the Customer for the free cancellation of the contract, the Customer may withdraw from the contract until that date without the Hotel having any claims for payment or damages. The Customer s right of withdrawal shall expire if he does not exercise his right towards the Hotel in writing by the agreed date insofar as no case of cancellation on the part of the Customer shall exist according to Subclause I Clause 2. 3. In case rooms not used by the Customer are rented otherwise, the Hotel must deduct the income and the expenses saved from this rental of the rooms. The Hotel is at liberty to demand the remuneration as agreed per contract and to deduct a flat rate for expenses saved. In this case, the Customer is obliged to pay 80 % of the price agreed as per contract for an overnight stay with or without breakfast. 1. With regard to events the Hotel is entitled to invoice the agreed rent plus 35 % of the revenue for the agreement for food and drinks, in case of cancellation up to four weeks before the date of the event, in each case of a later cancellation 70 % of the agreement for food and drinks. In the event that no other stipulations were made then the following formula shall apply for calculating the revenue: Minimum banquet menu price x number of persons. 2. Any expenses saved by the Hotel are thus covered by this amount. The guest is at liberty to prove that the Hotel suffered either no or far less damages. 4. The Customer has insofar to reimburse cancellation costs for technical facilities ordered for carrying out an event, if costs have already been incurred through their provision at the time of the cancellation and these may not be covered through another use. VIII. Cancellation by the hotel 1. Insofar as it was agreed in writing that the Customer has a right to cancel free of charge within a certain deadline, the Hotel shall on its part be entitled to cancel the contract during this period, if there are enquiries from other customers concerning the rooms booked as per contract and the Customer after being asked by the Hotel does not waive his right to cancel. 2. In the event that an agreed or a requested advance payment is not paid even after expiry of a reasonable final deadline set by the Hotel then the Hotel is also entitled to cancel the contract. 3. Furthermore the Hotel shall be entitled to an extraordinary termination of the contract for justified factual reasons, for example if 1. force majeure or other circumstances for which the Hotel shall not be deemed responsible render it impossible to satisfy the contract;

2. rooms are booked owing to misleading or false information concerning essential facts, e. g. in the person of the Customer or regarding the purpose; 3. the Hotel has justified reason to assume that the use of the services provided by the Hotel may endanger the smooth business operations, the safety or the reputation of the Hotel in the eyes of the public without this being attributed to the field of control or organisation of the Hotel; 4. there is an infringement against Subclause II 3. 4. In case of justified cancellation of the Hotel the Customer shall not be entitled to claim for damages. IX. Liability 1. The Hotel shall be liable for his obligations under the contract with the due care and attention of an ordinary businessman. Claims of the Customer for damages are excluded. Excepted from this are damages from injury to life, body or health, if the Hotel is responsible for the breach of duty, other damages, which are due to a wilful or gross negligent breach of duty on the part of the Hotel and damages, due to a wilful or negligent breach of typical contractual duties on the part of the Hotel. A breach of duty on the part of the Hotel is equivalent to a breach on the part of a legal representative or vicarious agents. In the event that there are interferences or defects to the services of the Hotel then the Hotel will make every effort to correct these when it becomes aware of such problems or following an immediate complaint by the Customer. The Customer undertakes to provide any reasonable assistance for correcting the interference and minimising possible damages. 2. The Hotel is responsible for damage caused on brought-in or left-off things due to 433 and foll. of Civil Code, it means the Hotel is responsible for damage on things brought in by housed guests or for housed guests, except the damage was caused other way. Brought in are things that were assigned for accommodation or for placing of things or things passed to any of hotel employees ( 433 subsection 1 of the Civil Code). The Hotel is responsible for jewellery, money or other valuables only up to 10 000 SKK. The right for compensation of the damage expires at latest after 15 days after the day of acknowledgement of the damage ( 436, second sentence of the Civil Code). 3. Insofar as a parking space is made available to the Customer in the Hotel garage or on a Hotel car park, even against payment of a fee, this shall not signify the conclusion of a contract of safe custody. The Hotel shall not be liable in case parked or moved vehicles or contents of said vehicles are stolen or damaged on the Hotel property, except in case of wilful intent or gross negligence. The afore-mentioned Subclause 1 Clauses 2-4 shall apply accordingly. 4. Alarm calls are carried out by the Hotel with the greatest care and attention. Messages, post and consignments of goods for the guests are treated with due care and attention. The Hotel shall assume the service and storage and upon request against payment the forwarding of said post. The aforementioned Subclause 1 Clause 2-4 shall apply accordingly. X. Miscellaneous

1. Animals may only accompany the guests after prior consent has been given by the Hotel and against payment of an additional charge. Animals may not be taken into rooms with food and drinks. 2. Lost property shall only be forwarded upon request. They shall be stored in the Hotel for six months. After expiry of this deadline the objects, which are of value, will be taken to the local lost property office. XI. Final provisions 1. Any amendments or supplements to the contract, the application acceptance or the business terms and conditions must be made in writing to be effective and shall only become effective if they have been confirmed in writing by the Hotel. Unilateral changes or supplements by the Customer are ineffective. 2. Place of performance and payment is the registered seat of the Hotel. 3. Exclusive place of jurisdiction also for disputes involving cheques and bills of exchange is the registered seat of the Hotel in commercial transactions. 4. Slovakian law shall apply. The application of the UN Convention on the International Sale of Goods and the Collision Law is excluded. 5. Should individual provisions of these General Business Terms be or become invalid or null and void then this shall have no effect on the validity of the remaining provisions.