GTC

general terms and conditions
Resort Vysoká Lípa

Parties to the contractual relationship::

a) Provider: SENKOM s.r.o., Company ID: 06275206, VAT No.: CZ06275206, registered in the Commercial Register, kept at the Regional Court in Ústí nad Labem, Section C, Insert 46407 (hereinafter referred to as "Provider"), as the operator of the Vysoká Lípa Resort, at Vysoká Lípa 39, Vysoká Lípa, 40502, CZ, Jetřichovice (Vysoká Lípa) - Ústí nad Labem Region.

b) Client: a natural or legal person, as an interested party for the provision of the Services listed below to the Provider (hereinafter referred to as the "Client").

The subject of these General Terms and Conditions of the Provider, i.e. SENKOM s.r.o. (hereinafter referred to as "GTC"), is, in accordance with the provisions of § 1751 no. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as "CC"), the regulation of the conditions for the provision of accommodation and related services in the Vysoká Lípa Resort (hereinafter referred to as "Services").

1. Contractual relationship concerning the provision of the Services

The contractual relationship concerning accommodation and related services in the Vysoká Lípa Resort (hereinafter referred to as the "Contract") is concluded by the Client in the following possible ways:

a) a written contract concluded between the Provider and the Client,

b) on the basis of an offer made by the Provider and accepted by the Client, provided that the Client's acceptance of the Provider's offer shall be deemed to include, but not be limited to, the Client's acceptance of the offer in writing (acceptance of the offer by e-mail shall also be deemed sufficient) or the payment of any payment towards the price of the Services provided on the basis of the Provider's offer by the Client or the commencement of the use of the Services provided on the basis of the Provider's offer by the Client,

c) on the basis of an order made by the Client and accepted by the Provider, provided that the acceptance of the Client's order by the Provider shall be deemed to be its acceptance in writing by the Provider (acceptance of the order by email shall also be deemed sufficient) or the commencement of the provision of the Services on the basis of the Client's order by the Provider,

d) on-site at the High Lipa Resort, by the Provider enabling the provision of the Services and at the same time (i) making any payment towards the price of the Services or (ii) commencing the Client's use of the Services.

The Provider shall not be obliged to provide any Services to the Client or perform any obligations to the Client prior to the conclusion of the Agreement.

The Provider shall not be obliged, and shall not be required to give any reasons for doing so, to accept the Client's order.

The GTC shall form an integral part of all arrangements between the Provider and the Client relating to the Services, unless the relationship between the Provider and the Client is otherwise regulated by the Contract. By entering into the Contract, the Client confirms that he/she has read these GTC and other terms and conditions of accommodation at the High Lipa Resort and acknowledges the following GTC as binding for all performance related to the subject matter of the GTC.

2. Prices for Services

Indicative prices for accommodation and any other services are given in the presentation materials of the Provider (website, brochures, etc.).

However, the Client, as a customer, is bound by the price of the Services, which is indicated in the accommodation voucher (hereinafter referred to as "Voucher"), which is sent to the Client by the Provider by electronic mail (e-mail). For the scope of the contractually agreed Services and prices, the Voucher is binding.

3. Cancellation of the stay or change of its conditions by the Provider

The Provider is entitled to change the agreed conditions of the stay in cases beyond his/her control (e.g. force majeure) or cancel the stay without compensation and any financial compensation for the Client.

4. Cancellation of the stay by the Client

The Client is entitled to cancel the stay on the basis of the Contract (concluded by any of the methods listed in point 1. of these GTC) at any time before the agreed start of the accommodation, exclusively under the conditions listed below. Cancellation of the stay requires a written electronic form (an e-mail sent by the Client to the Provider's e-mail address info@resortvysokalipa.cz with a receipt proving its delivery). The date and time of sending the e-mail is decisive for determining the time of cancellation of the stay.

Unless otherwise expressly stated in the Agreement or these GTC, the Client is obliged to pay a cancellation fee to the Provider for the cancellation of the stay on the basis of the Agreement. Cancellation fees are regulated by the Provider and notified to the Client together with the sending of the Voucher and are governed by the relevant Contract or the Provider's special price offer related to the relevant Contract.

Unless otherwise specified by the Provider within a specific Contract, the conditions for cancellation by the Client are as follows:

cancellation of the stay by the Client 5 days before the agreed start of the accommodation and later - cancellation fee of 100% of the price of the ordered Services,
for accommodation arranged at a non-refundable discounted rate for the Services - a non-refundable cancellation fee of the full amount of the booking payment upon cancellation of the stay by the Client, which will occur at any time after payment of the booking payment,
if the Client does not start the stay (the Client does not start the stay) - cancellation fee of 100% of the price of the booked Services.

For groups (accommodation in three rooms or more) special cancellation conditions apply, which are an integral part of the Contract concluded for group customers. The offer regarding accommodation for group customers is sent by Resort Vysoká Lípa or the Provider on the basis of a written request for accommodation in three or more rooms.

The Provider will not charge the Client the above mentioned cancellation fees if the Client could not use the agreed services due to the following reasons: death in the Client's family, hospitalization of the Client or a member of his/her family, serious illness of the Client, a call-up order concerning the Client, natural disaster, all if the said circumstance completely prevents the use of the Services. The Client is obliged to provide the Provider with a written document within 3 days of their occurrence and at the latest 10 days before the agreed start of the accommodation..

5. Validity

These GTC are an integral part of the Contract and also of the offer of Services from the Provider, the order for Services from the Client and the Voucher (accommodation voucher). For group stays, different terms and conditions for the provision of the Services may be agreed.

6. Payment terms

The Client is obliged to pay the price for the Services provided by the Provider, which are specified in the Contract, including those that have been ordered additionally. The Client undertakes to provide the Provider with an advance payment of 100% of the total price of the Services by the due date specified in the Contract. If the advance payment is not paid by the Client in the agreed amount and by the specified date, the Provider reserves the right to cancel the agreed reservation, i.e. to withdraw from the Contract and is not obliged to provide the Services to the Client even in part.

As a standard, the price for the Services is always paid by the Client in full in advance, by transfer to the Provider's account (including payment by credit card) or through a payment gateway or through a third party (accommodation intermediary - for example Booking.com). The payment is considered to be made only when it is credited to the Provider's account, which is indicated on the tax document (invoice). Upon agreement with the Provider, the Client has the option to pay the price for the Services provided in cash or by credit card.

If the Client is in default of payment for the Services provided, the Provider shall be entitled to claim from the Client, in addition to the payment of the amount due, a contractual penalty of 0.1% of the amount due for each day of delay, starting from the first day following the due date of the tax document (invoice) until the amount due is paid in full, and the Client shall be obliged to pay the contractual penalty to the Provider.

The Client shall be entitled to reimbursement of payments made by him/her to pay the price of the Services only in cases expressly provided for in these GTC and in mandatory provisions of law.

In the event that the Client has already paid at least part of the price of the Services ordered by the Client and subsequently any of the above defined grounds for refunding the price of the Services is fulfilled and duly demonstrated by the Client, the Provider shall refund to the Client the payments made by the Client to pay the price of the Services to which the Client is entitled, namely:

a) by transfer to the bank account from which the Provider received the relevant payment,

b) by transfer to the bank account of the payment card through which the relevant payment was made to the Provider, provided that the Services were ordered through the booking form on the website www.resortvysokalipa.cz

c) in any other manner agreed between the Provider and the Client.

7. Claims

The Client is obliged to file a complaint about the Services provided by the Provider with the person who, according to the Contract, handles matters related to the provision of the Services under the Contract for the Provider, without delay after the discovery of deficiencies at the place of their provision, i.e. directly at the Vysoká Lípa Resort, as the Provider's establishment, or in written (electronic) form. If the Client fails to submit a claim without undue delay, the claim submitted by the Client cannot be subsequently accepted.

8. Jurisdiction and consumer protection

The Client is entitled to submit a proposal for out-of-court dispute resolution with the Provider regarding the provision of the Services to the designated consumer dispute resolution body, which is:

Czech Trade Inspection Authority (Česká obchodní inspekce)
Ústřední inspektorát – oddělení ADR
Štěpánská 567/15
120 00 Prague 2, Nové Město
Czech Republic
e-mail: adr@coi.cz
website: https://adr.coi.cz

The Czech Trade Inspection Authority is a supervisory authority exercising supervision over consumer protection, acting in accordance with Act No 64/1986 Coll., on the Czech Trade Inspection Authority, as amended, and other legislation. The website of the Czech Trade Inspection Authority is www.coi.cz.

In accordance with the provisions of Section 1837(j) of the CC, the Client (the accommodated) as a consumer does not have the right to withdraw from the accommodation contract (i.e. the Contract) if the accommodation facility (Hotel Resort Vysoká Lípa, or the Provider) provides performance on a certain date or within a certain period.

9. Other arrangements

If the Provider is unable to meet the agreed terms and conditions of the Services due to force majeure, the Provider shall have the right to withdraw from the Contract without further delay or to change the terms and conditions of the Services under the Contract accordingly. Force majeure shall mean, in particular, war, mobilization, internal disturbances, confiscation, strike, lockout, damage to the Hotel and its facilities as a result of natural disasters or internal disturbances, export and import restrictions, explosions, epidemics, operational and transport disruptions, regulations and interventions by public authorities, restrictions resulting from legislation, failure to grant the relevant permit, shortage of materials, raw materials or other resources, including human resources and manpower caused by any reason other than a breach of the Provider's obligations; in the event of force majeure, the Client shall not be entitled to claim any penalties or other similar claims against the Provider.

The maximum total amount of damages that the Provider shall be obliged to pay in favour of the Client and/or other persons in the event of a breach of the Provider's obligations under the Contract and/or these GTC and/or legal regulations shall be 50% of the price of the Services agreed under the relevant Contract to which the breach of obligations relates, which shall be duly and timely paid by the Client in favour of the Provider, provided that by concluding the Contract the Client waives the right to damages in excess of this amount in full.

The person authorized by the Provider to exercise rights and perform obligations under the Contract and these GTC is the person authorized by the Provider to administer the Vysoká Lípa Resort.

The Client shall ensure that the Client's obligations set out in these GTC shall also be performed by all persons using the Services under the Contract concluded between the Provider and the Client.

The Client agrees to process, provide to third parties and archive his/her personal data in accordance with Act No. 110/2019 Coll., on the processing of personal data, as amended, to the extent necessary for the performance of rights and obligations under the Contract, these GTC and legal regulations. The Client shall ensure that all persons using the Services on the basis of the Contract concluded between the Provider and the Client also give similar consent for the handling of their personal data.

The Provider and the Client are entitled to give notice under the Contract and/or these GTC in the following different ways:

a) in writing by registered letter sent to the other party

b) in writing by personal delivery to the other Party

c) in writing by a data message sent to the data mailbox of the other Party

d) by e-mail.

In the event that the Client gives notice in the manner set out in clause (d) above, the Client shall also give written notice in the manner set out in clause (a) or (b) or (c) above no later than the next Business Day after giving notice.

The legal relations between the Provider and the Client arising from the Contract and the relations not regulated in the GTC shall be governed by the legal order of the Czech Republic and the legal regulations in force and in force in the territory of the Czech Republic, in particular the relevant provisions of the CC, excluding to the maximum extent possible the application of the provisions of § 1740 par. 3, § 1765, § 1793, § 1980, § 2327 and § 2330 CC to legal relations arising from the Contracts, and also that the application of the provisions of § 1978 para. 2 CC to legal relations arising from the Contracts is excluded, i.e. that the futile expiry of the additional period for performance, granted with the understanding that this period will not be extended, does not result in automatic withdrawal from the Contract.

Any legal disputes between the Provider and the Client arising out of the Contract shall be heard and decided by the courts in the Czech Republic, with the proviso that the matter shall be heard and decided by a court of competent jurisdiction.

If any provision of these GTC becomes or is determined to be invalid or unenforceable, then such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions of these GTC.

These T&C shall become effective and enforceable on the date set forth below.
Done at Vysoká Lípa, 19 February 2025
SENKOM s.r.o.

GTC

general terms and conditions Resort Vysoká Lípa