General Terms and Conditions
1. General provisions
1.1. The general terms and conditions included in this contract are valid from 1st January 2022. 1. 2022. Changes may only be made in writing on agreement of both parties. All contractual relations with you are concluded in accordance with the legal regulations of the Czech Republic; legal relations not expressly regulated by the contract and the General Terms and Conditions are governed by the Civil Code and the Consumer Protection Act, as amended. Contracts are concluded in the Czech language.
1.2 The parties to the Contract are Karel Vlček, Rybniště No. 267, 407 51 Rybniště, Company ID.: 164 365 39, registered in the Trade Register of the Municipality of Ústí nad Labem, as the operator of the U Soptíka Apartments (hereinafter referred to as the Operator), and the user of the Operator’s services (hereinafter referred to as the Client).
1.3. The services of the Operator are recreational or business stays (accommodation in apartments) and related services provided by the Operator or contractual partners. The exact specification of the stay is included in the confirmation of your stay by the Operator, which the Client will receive upon confirmation of the booking. The subject-matter of the contract is the provision of the stay, rental and services to the client within the agreed scope and according to the presentation on this website or the website of the accommodation provider.
1.4. U Soptíka Apartments is an accommodation facility in which the Client is accommodated based on an order – a concluded contract. The contract is concluded by confirming the order and paying the required deposit. The order can be made by phone, by email info@apartmanyusoptika.cz or through the contact form on the website www.apartmanyusoptika.cz or by online booking. The booking and order form always contain information about you and the service ordered. The contract with you is concluded when your order is sent (not after your order is confirmed). By submitting your order, you confirm that you agree to the use of distance communication when concluding the contract, that you have been informed in advance of all the details of the contract, that you have read the terms and conditions, which are an integral part of the purchase contract, and that you agree to them. The information provided by you in your order is considered correct by our company. An offer with an amendment or deviation will not be accepted by us. By using the services provided, the Client agrees to the full text of these Terms and Conditions (T&Cs), if the Client does not agree with any part of the T&Cs, he/she is not entitled to use the service. The Provider reserves the right to change the T&Cs. The change shall always be published at least 15 calendar days in advance.
1.5. The Client shall not use a false name when using the services. The Client who uses the services on behalf of a third party is responsible for the accuracy of the data entered.
2. Timing
The contractual relationship between the Operator and the Client is established by confirming the booking of the stay by phone, email or order form, in particular by the arrival time indicated by the Client and agreed by the Operator if it is outside the usual arrival time at the accommodation, i.e. from 3:00 p.m. to 6:00 p.m., and at the same time by paying the price of the stay, or the deposit, in accordance with the terms of payment. The contractual relationship ends after the end of the stay period by 10:00 a.m. on the day of departure with the expiry of the claim period.
3. Booking a stay
The Client can book a stay electronically on the website: www.apartmanyusoptika.cz or by e-mail: info@apartmanyusoptika.cz. In case of an electronic booking, the Operator undertakes to notify the Client within 48 hours of the acceptance of his/her stay and to issue the necessary documents (confirmation of stay, invoice in electronic form). The Client can also book a stay electronically on the website of an intermediary. In the case of using the services of an intermediary, the intermediary issues the booking confirmation. Other terms and conditions are governed by the Operator’s terms and conditions.
4. Personal data protection
The protection of your privacy when processing your personal data is important to us and we take it into account in our business practices. We process the personal data collected during your visit to our website in accordance with Act No. 101/2000 Coll. on Personal Data Protection.
4.1. The Operator fully respects the confidential nature of the data you enter into the order. The data is secured and protected against misuse. We use it for the execution of the entire transaction, including the necessary accounting operations, the issuance of tax documents, the identification of your non-cash payments and for communication with you, i.e. all customer administration. This data is stored in a database with strict security against misuse and is not disclosed to third parties. This data will not be used for marketing purposes.
4.2. Upon request, the Operator will, if possible, promptly notify you in writing whether and what personal data it has recorded about you. Should incorrect information be recorded despite our efforts to keep the data correct and up to date, we will correct it on request. If you have any questions about the processing of your personal data, you can direct them to info@apartmanyusoptika.cz, where we are available not only for requests for information, but also for suggestions or complaints. We are bound by confidentiality.
4.3. Collection and processing of personal data: if you visit our website, our web servers will record, in a standard way, the IP address assigned to you by your internet service provider, the website from which you are visiting us, the websites you visit from ours and the date and duration of your visit. Personal data will only be recorded if you provide it to us of your own free will, for example as part of registration or for the execution of a contract. Personal data is transferred to state institutions and authorities only within the framework of binding legal regulations.
4.4. Consent to the processing of personal data. By filling in the sales form, the Client agrees to the inclusion of his/her personal data in the database.
4.5. Cookies: The Operator uses cookies. Cookies are small “files” that are stored on your hard drive. This results in easier navigation and ensures a better user experience on the website. Cookies can be used to determine whether you have already visited our site from your computer. Only cookies on your computer are identified. You can deactivate the use of cookies in your Internet browser.
5. Price of stay
The price of the services is indicated on the selected web interface of the Operator. The Operator shall issue a tax document – invoice to the Client regarding payments made under the contract, which shall serve as proof of purchase of the service. The Operator is not a payer of value added tax. The final price of the stay is based on the Client’s requirements for the stay and is based on the current price list for the Operator’s services. The Operator reserves the right to adjust prices in the event that during the period from the determination of prices to the stay taking place there are changes in legislation and tax regulations and other changes due to “force majeure”.
6. Payment terms
6.1. The client will make a payment of 30% of the total price of the accommodation to be paid to the account number by the due date (usually within 14 days) or by making a cash payment or a supplementary payment on the spot. If the invoice is not paid by the due date, the booking will be cancelled automatically. The variable symbol is indicated on the invoice. For all forms of non-cash payments, the crediting of the Operator’s account or payment in cash on arrival or the use of the services or premises provided by the Operator is decisive for the authorisation to use the services.
YOU CAN USE THE FOLLOWING PAYMENT OPTIONS:
Bank transfer based on an invoice, payment via terminal or cash.
6.2. The payment is a single payment. The Client is obliged to pay the price together with the correct variable symbol of the payment, otherwise the Operator will not be able to identify the payment and provide the required performance in time.
6.3. The invoice is payable within 14 days of the conclusion of the contract (from the date of the invoice), or until the date of arrival at the accommodation, if the date is closer than the invoice due date, unless otherwise stated. The Client’s obligation to pay the price for the service is fulfilled when the relevant amount is credited to the Operator’s account.
6.4. In the event of default with a payment of any amount (the price of the accommodation), the booking will be cancelled.
7. Client’s obligations
7.1. Provide the Operator with all the details necessary to properly arrange and provide the services, in particular to truthfully and completely fill in the order of stay and provide the Operator with documents, i.e. an ID card or a passport.
7.2. Pay the payment for the stay by the due date by paying the invoice, deposit and additional payment for the ordered services upon arrival at the accommodation.
7.3. The client is obliged to follow the accommodation rules of the operator in the points listed below on the operating rules page.
8. Cancellation of stay
8.1. The Client is obliged to cancel the stay or the booking of the stay electronically. For the determination of the cancellation fee, the decisive date of the cancellation is: in person – the date of the cancellation at the Operator; electronically – the date of sending the email.
8.2. In case of cancellation by the Client, the Operator charges cancellation fees (contractual penalties). Cancellation fees are charged for each registered person and are expressed as a percentage of the total price of the stay. If the stay is cancelled, the deposit is forfeited to the guest-house and the right to its refund is lost.
Cancellation fees:
If the guest cancels the stay:
- Free cancellation up to 14 days before arrival
- 50% of the booking price for cancellations made less than 14 days before arrival
8.3. There is no fee for a change of a person by the Client
8.4. If the Client cancels participation in the stay or cancels the order of the stay, the Operator is obliged to refund the amount paid by the Client less the relevant cancellation fee within 14 days of receipt of the documents referred to in Article 8, Paragraph 1. Financial advances are refunded by bank transfer to the account number provided by the client. The transaction costs associated with the refund shall be borne by the Client.
9. Exclusion of the Client from the stay
Any Clients who violate the legal regulations of the Czech Republic during their stay, do not respect the accommodation rules, refuse to comply with the legitimate requirements and instructions of the Operator, verbally attack the Operator’s representative, damage the property of the accommodation facility and restrict the rights of the Operator by their behaviour, may be excluded from the continuation of the stay, while their right to compensation for unused services is forfeited.
10. Withdrawal from the contract by the Operator
The Operator is entitled to withdraw from the purchase contract without undue delay if he/she finds that the other party has breached the contract in a material way. For the purposes of this contract, a material breach of this contract shall be deemed to be:
The Client’s default with payment of the purchase price,
Failure to comply with the booked date.
11. Changes to agreed services
11.1 In the event of extraordinary circumstances and circumstances due to “force majeure”, the Operator may cancel the stay or change it (date, price) upon agreement with the Client. If the Client’s stay has already begun, the Operator is entitled to payment for the services provided so far.
11.2 In the event of cancellation of the stay by the Operator, the Operator is obliged to notify the Client immediately, to refund the full amount paid within 5 days and, if the Client requests it, to place him/her in a vacant place in other accommodation of his/her choice.
11.3 In case of major changes – change of the date of the stay, increase of the price of the stay by more than 10%, the Operator is obliged to ask for the Client’s consent and to give the Client a reasonable period of time in which to comment on the change. In the case of such major changes to the programme, the Client has the right to withdraw from the contract without a cancellation fee and without financial claims against the Operator. If the Client fails to notify the Operator of the cancellation within the specified period, the Operator understands that the Client has agreed to the change.
12. Complaints procedure
12.1. In the event of a complaint, the Client is obliged to submit his/her claims regarding defects without undue delay directly to a representative of the service provider at the time of the stay, at the place of stay preferably at the time of arrival and use of the services so that they can be rectified on the spot. If this is not possible, he/she shall make a written complaint to the service provider. This protocol shall be the basis for the resolution of the complaint. The protocol is usually drawn up in two copies (1 for the Operator and 1 for the Client) and must be signed by both the Client and the Operator.
12.2. If the claim is not filed immediately or as soon as possible by the Operator and the Client, the Client’s right to compensation for damage incurred later, which could have been avoided by timely filing, is reduced or forfeited. Regarding the accommodation, damage and monetary or non-monetary losses caused by the Client’s fault or complicity are not considered to be the subject of a claim.
12.3. If the Client does not use the ordered services for subjective reasons, the Client is not entitled to a refund or discount.
12.4. Complaints and comments from the Client concerning the contractual relationship concluded between the Client and the Provider shall be handled by the Provider; the Client may submit complaints at info@apartmanyusoptika.cz. If the issue is a complaint in its content, the issue will be handled as a complaint. Clients may also address their complaints to supervisory and state supervision authorities, the Czech Trade Inspection Authority or the Office for Personal Data Protection. All legal disputes arising in connection with the purchase contract will be resolved in civil court proceedings by the general courts of the Czech Republic, the consumer also has the right to out-of-court resolution, the subject of out-of-court resolution under Act No. 634/1992 Coll., on Consumer Protection, is the Czech Trade Inspection Authority. All the details of the out-of-court settlement can be found on the website of the Czech Trade Inspection Authority www.coi.cz.
13. Final provisions
If the relationship related to the use of the website or the legal relationship based on the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer’s rights under generally binding legislation. The Operator reserves the right to modify other rights and obligations of the contracting parties for selected products beyond these Terms and Conditions. These rules will always be indicated on the website of the respective product and take precedence over the provisions of the T&Cs. The purchase contract, including the Terms and Conditions, is archived by the company in electronic form and is not publicly accessible. If any provision of the T&Cs proves to be invalid, this will not affect the validity of the T&Cs as a whole. The contractual relationship between the Client and the Operator is governed by the relevant provisions of Act No. 89/2012 Coll., the Civil Code, as amended. These terms and conditions are displayed on the provider’s website. This current version of the Terms and Conditions is valid and effective as of 1st January 2022. Thank you for the time you have spent reading the Terms and Conditions. Information for buyers: In the event of a change to the Terms and Conditions, the Terms and Conditions that were in effect on the date of purchase will apply. Karel Vlček, Rybniště nr. 267, 407 51 Rybniště, Company ID: 25038583 info@apartmanyusoptika.cz mobile: +420 777 800 048.
Additional terms and conditions
1. Prices and services
Indicative prices for accommodation and any additional services are given in the accommodation provider’s presentation materials (website, brochures, etc.).
A minimum of 2 nights can be booked. In the case of the New Year’s Eve week from 26th December 12. 2022 to 1st January 1. 2023 the minimum order is for 7 nights.
2. Cancellation of stay by the Client
The Client is entitled to cancel the booking at any time before arrival. Cancellation of the stay requires written electronic form (email with delivery) to info@pensionsoptik.cz or by phone. The date and time of the email is always decisive for determining the time of cancellation.
The accommodation provider may charge the guest a cancellation fee for failure to meet the proper cancellation deadline.
3. Validity
These terms and conditions are an integral part of the accommodation order and the accommodation voucher.