Terms & conditions

I. Basic provisions

These General Terms and Conditions (hereinafter referred to as „GTC“) govern the relations between the parties to the purchase contract / contract for the provision of services, where on the one hand is the company QUALITY GASTRO s.r.o., IDN04412966, TINCZ04412966, with its registered office at Velkova 278, 273 42, Stehelčeves, entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 247221 as the operator of the hotel Kounický dvůr and the Seller (hereinafter referred to as the “Hotel” or “Seller”) and on the other hand is the Buyer (hereinafter referred to as the “Buyer”). Further information about the hotel Kounický dvůr is available on the website www.kounickydvur.cz/en/.

The buyer is a consumer or entrepreneur. If the Buyer states their identification number in the order or when booking, then they acknowledge that the rules intended for entrepreneurs apply to them. Conversely, if the buyer does not provide any identification number, the buyer is considered to be a private consumer. By placing an order, making a reservation or making a purchase on the online shop www.kounickydvur.cz/en/ the buyer confirms that before concluding the contract they became acquainted with these GTC, an integral part of which is the pre-contract message contained in Article II, Complaints Rules, Privacy policy and Cookies policy data that they expressly agrees with them and that the wording is valid and effective at the time of confirmation of the order, reservation or making a purchase in the online shop.

An invoice containing the basic data of the contract, incl. receipts in accordance with the Act on the Registration of Sales and Tax Document, will be received by the Buyer in the form of a link to download the Invoice or as an attachment in an e-mail address to the specified email address when booking, ordering or purchasing services. The buyer agrees to this.

II. Contract

CONCLUSION OF THE CONTRACT
Before the Buyer confirms the order in a binding manner, the Buyer has the right to change both the required performance and the method of payment, i.e., to check all the data they have entered in the order. The purchase contract is created by sending the order / reservation to the Buyer after choosing the method of payment and acceptance of the order by the Hotel. The hotel will immediately confirm to the Buyer by an informative email to the Buyer entered email. The resulting contract (including the agreed price) can be changed or canceled only on the basis of an agreement between the parties or on the basis of legal reasons, unless otherwise stated in the GTC.
The concluded contract is archived by the seller for a period of at least five years from its conclusion, but no longer than for the period according to the relevant legal regulations, for the purpose of its successful fulfillment and is not accessible to third non-participating parties. Information on the individual technical steps leading to the conclusion of the contract is evident from these terms and conditions, where this process is clearly described.
DELIVERY OF THE SUBJECT OF PURCHASE
By the purchase contract, the Hotel undertakes to hand over the item to the Buyer, to provide the services that are the subject of the purchase, and the Buyer undertakes to take over the item / use the services and pay the purchase price to the Hotel. The hotel reserves the ownership right to the item, and therefore the Buyer becomes the owner only by full payment of the purchase price. Similarly, this rule applies when purchasing a service.
TRANSFER OF RISK OF DAMAGE
The service is defective if it does not have agreed and clearly declared properties. The Buyer’s right from defective performance is based on the defect that the item has when the risk of damage passes to the Buyer, even if it manifests itself later. The Buyer’s right shall be established by a later defect caused by the Hotel in breach of its obligations. The buyer is obliged to report defects in the services or items used immediately after discovering such defects. The risk of damage passes to the Buyer by taking over the item or starting to use the services. Damage to the goods, incurred after the transfer of the risk of damage to the goods or the service provider to the Buyer, does not affect their obligation to pay the purchase price, unless the Hotel caused the damage by violating its obligation.
LIABILITY OF THE HOTEL
The hotel responds to the Buyer that the item or services are free of defects upon receipt. In particular, the hotel is responsible to the Buyer that at the time when the Buyer took over the item or started to draw services,
a.) the item has the characteristics agreed upon by the parties and, in the absence of an agreement, such characteristics as the Hotel described or which the Buyer expected with regard to the nature of the goods and on the basis of the advertising performed by them;
b.) the services correspond to the obviously offered scope and level, if no part of the service is described anywhere, then such corresponds to the usual customs at the place of use of the services;
c.) the item or service is in the appropriate quantity, extent and scope; and
d.) the item or services comply with the requirements of legal regulations.
The right of defective performance does not belong to the Buyer, if the Buyer knew before taking over the item or before starting to use the services that the item or service has a defect, or if the Buyer caused the defect himself.
SUBSTANTIAL BREACH OF CONTRACT
If the defective performance is a material breach of contract, the Buyer has the right to:
a.) eliminate the defect by delivering a new item without a defect or by delivering a missing item,
b.) eliminate the defect by repairing the item or services;
c.) for the use of alternative services to the same extent;
d.) for a reasonable discount from the purchase price; or
e.) withdraw from the contract
BREACH OF CONTRACT IN GENERAL
If the Buyer does not report the defect without undue delay after they were able to detect it with timely inspection and sufficient care, they cannot exercise the right to defective performance.
QUALITY GUARANTEE
The Buyer is not entitled to a warranty if the defect caused an external event after the transfer of the risk of damage to the goods or the service to the Buyer.
SPECIAL RULES WHEN BUYING A VOUCHER
The voucher serves as a confirmation of the right to use the services provided by the Hotel. It does not in itself replace any form of security and is not exchangeable and resellable in such a way.
The use of prepaid voucher services is conditioned by the creation of a reservation in the Hotel and its confirmation of such a reservation. The reservation is subject to hotel availability and must be made in advance, at least one month before the stay, in the manner indicated in point VIII. of these GTC. A copy of this document will be required at check-in at the hotel reception.
This voucher cannot be paid in cash or any other compensation and cannot be exchanged if it is lost, stolen, destroyed or expires. After purchase, the voucher is non-refundable. Invalid if modified, copied or reproduced. The voucher will not be extended after the expiration date and its use cannot be enforced in any way.

III. Withdrawal from the contract

1. WITHDRAWAL FROM THE CONTRACT BY THE CONSUMER
  The consumer has the right to withdraw from the contract at any time before the start of the services, before applying the voucher.
  If the consumer withdraws from the contract for a reason other than stated in points 5 and 6, then such a procedure is governed by the valid cancellation conditions of the Hotel at the time of concluding the contract.
  In the event that the Consumer is entitled to a refund of the paid funds within the withdrawal from the contract, then the Hotel proceeds:
  a.) if possible, return the funds in the same way and in the same form as received by the Hotel;
  b.) returns the funds in an alternative agreed manner confirmed by both parties;
  c.) retains funds as credit for the future use of services or the purchase of goods; in such a case, the agreement of both parties is required and the substitute drawdown must be used in the same calendar year.
  In case of payment of the credit note in cash, the Hotel may require the presentation of an identification card (ID or passport), in order to prevent the occurrence of damages and to prevent the legalization of proceeds from crime. Without presenting any of these documents, the Hotel may refuse to reimburse the funds.
2. WITHDRAWAL FROM THE CONTRACT BY THE HOTEL IN CASE OF AN ERROR IN THE PRICE OF THE GOODS
  Except in cases stipulated by law, the Hotel is entitled to withdraw from the contract in the event of an obvious error in the price of the goods. Withdrawal from the contract according to this point is possible within 7 days, if the use of ordered services is booked later than 7 days from the order, from the day following the day of conclusion of the purchase contract between the Buyer and the Hotel by the Hotel canceling the order or otherwise indicates that he are withdrawing from the contract. If the Buyer has paid at least part of the purchase price of the goods or services, this amount will be transferred back to their bank account no later than 14 days from the day following the day of withdrawal from the contract by the Hotel.

IV. Information security and protection

In the matter of protection and processing of the Buyer’s personal data by the Hotel, the conditions of personal data protection shall apply.

V. Operating hours

Orders via the Hotel’s online store and reservations: 24 hours a day, 7 days a week. In the event of a failure of the information system or force majeure, the Hotel is not responsible for non-compliance with operating hours.

VI. Prices

All prices are negotiable. The www.kounickydvur.cz/en/ website always contains current and valid prices, in the Czech currency (CZK) or in the currency of the single EU currency (EUR), except in cases where an incorrect price is stated, see the provisions below in this article. The prices listed for individual products are final, ie including VAT. If a contract containing a specific price list has been concluded between the Buyer and the Hotel, this price list takes precedence over public prices at www.kounickydvur .cz/en/.
The prices for accommodation listed on the website are calculated in CZK and it is possible to convert it into the EUR currency, which is for guidance only. The binding price and currency are always stated in the confirmed order for services or goods. To convert amounts between CZK and EUR, the Hotel uses the internally set exchange rate valid according to the current internal guidelines of the Hotel on the day of payment.
The final price does not include the local tax on the stay. The hotel reserves the right to declare the purchase contract invalid, if personal data has been misused, the payment card has been misused, etc., or due to the intervention of an administrative or judicial authority, the Buyer will be informed of such a procedure. Furthermore, the Hotel reserves the right to declare the purchase contract as invalid if there is an unauthorized use of a discount or similar voucher/discount voucher in violation of its conditions, especially in cases where:

a.) the voucher or discount voucher is used for services other than those for which it was intended;

b.) the hotel finds out that the voucher or discount voucher has already been used.

The Buyer acknowledges that in the above cases the purchase contract cannot be validly concluded and at the same time the Buyer acknowledges that the Hotel is entitled to demand, among other things, unjust enrichment.

VII. Ordering and booking

The price and scope of services / goods will be stated in the order and in the message confirming the receipt of the order of goods / services. You can order in the following ways:
a.) via the electronic shop of the Hotel (hereinafter referred to as the “e-shop”);
b.) in the reservation system on the website www.kounickydvur.cz/en/,
c.) by e-mail at info@kounickydvur.cz,
d.) in person at the hotel reception;
e.) by phone.

VIII. Payment Terms

The hotel accepts the following payment conditions:

a.) The Goods remain the property of the Hotel until full payment and acceptance, but the risk of damage to the goods passes to the Buyer upon acceptance of the goods.
b.) Services provided by the Hotel must be paid in full before the start of such services, unless otherwise stipulated in the contract.
c.) When confirming the order, a guarantee is required with a valid credit or debit card valid on the day of the beginning of the services, unless otherwise stipulated in the contract.
d.) The Buyer’s billing data cannot be changed retroactively after sending the order.
e.) The Hotel reserves the right to offer the Buyer only selected methods of payment at its own discretion.
f.) According to the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer and at the same time is obliged to register the received sales with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.
g.) In the case of payment by credit card at the reception of the Hotel, the Buyer is obliged to cover the data on their payment card and their PIN code.

Money Back

The buyer is responsible for the accuracy of the data for the return of funds, if they are entitled to such a return and have chosen option IV.1.b of these GTC.

IX. Terms of delivery

OTHER CONDITIONS
When using services paid for in advance, the Hotel may require the presentation of an identification card (OP or passport), in order to prevent damage and to prevent money laundering. The Hotel may refuse to provide services without presenting any of these documents. This authorization follows from the provisions of Section 2900 of the Civil Code, which stipulates the obligation of prevention and prudence.
COMPETITIONS AND DEADLINES FOR COLLECTING THE PRIZE
In the event that the winner wins in a competition organized by the Hotel, this winner is obliged to collect the prize within 30 calendar days from the day when the results of such a competition were announced by the Hotel. The winner’s right to the prize expires on the expiration of this period in vain, with the prize is forfeited in favor of the organizer.

X. Specification of hotel services

ACCOMMODATION TIMES
When ordering accommodation services, it is possible to use the accommodation time from 2 PM on the day of arrival (Check-in), the time for leaving the room until 10 AM on the day of departure (Check-out). Check-in times before 2 PM and Check-out after 10 AM can be adjusted individually according to the requirements of the Buyer and the possibilities of the Hotel. These changes may be charged according to the current price list.
STAY IN THE HOTEL WITH A PET
Pets are not allowed in the hotel.
PARKING IN THE HOTEL CAR PARK
The hotel has its own car park in the courtyard. Access to this car park is fully controlled by the hotel staff and the Buyer, if he usees the parking service, can park in this car park on the basis of instructions. Parking is at your own risk. This service is charged according to the current price list and is not guaranteed. Subject to car park occupancy and vehicle type.

XI. Warranty conditions

The warranty conditions for the services are governed by the relevant legal regulations of the Czech Republic.

XII. Final Provisions

Relationships and any disputes that may arise on the basis of the contract will be resolved exclusively in accordance with the law of the Czech Republic and will be resolved by the competent courts of the Czech Republic. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply in accordance with Article 6 of that Convention. Any disputes between the Hotel and the Buyer can also be resolved out of court. In such a case, the Buyer – Consumer may contact the entity for out-of-court dispute resolution, such as the Czech Trade Inspection Authority. The contract is concluded in the Czech language. If a translation of the text of the contract is created for the needs of the buyer, it applies that in the event of a dispute over the interpretation of terms, the interpretation of the contract in the Czech language applies. These General Terms and Conditions, including their components, are valid and effective from 1st July 2021, and are available at the hotel reception or electronically at www.kounickydvur.cz/en/.