GENERAL TERMS AND CONDITIONS FOR HOTEL ACCOMMODATION

 

ComHotel s.r.o. (business name Hotel Meritum)

Business address Stare nam. 14/8, 161 00 Prague 6 – Ruzyne

Company ID: 26495589 / Tax ID: CZ26495589

Company is registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 85826

Contacts: Tel: + 420 724 912 955, Email: reception@hotelmeritum.com 

(hereinafter referred to as the “Accommodation Provider”)

 

1. CONDITIONS FOR CONCLUDING AN ACCOMMODATION CONTRACT – the contract comes into effect on a day of prepayment

1.1 The Accommodation Provider provides accommodation in the Hotel Meritum, located at Staré nám. 14/8, 161 00 Prague 6 – Ruzyně. Accommodation is provided based on an accommodation agreement (hereinafter also referred to as the “Contract”) concluded pursuant to the provisions of Section 2326 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”). For the purposes of these General Terms and Conditions (hereinafter referred to as the “GTC”), the term “Contracting Parties” means the Accommodation Provider on the one hand, and an individual who is a consumer within the meaning of Section 419 of the Civil Code as the Accommodated Guest on the other hand. Based on the Agreement, the Accommodation Provider provides the Accommodated Guest with temporary accommodation for an agreed period, as well as other services ordered by the Guest in connection with accommodation (hereinafter also referred to as “Services”) and/or other services from its range (hereinafter referred to as “Other Services”). Based on the Contract, the Guest agrees to pay the Accommodation Provider duly and on time the price agreed under the Accommodation Agreement for accommodation and services, or for other services the price agreed before the Guest uses this service, or according to the current price list of the Accommodation Provider. The Guest also agrees to comply with all other arrangements and obligations in accordance with this Agreement, the Accommodation Rules of the relevant facility and the GTC of the Accommodation Provider, and the Civil Code.

1.2 The Accommodation Agreement is concluded by means of distance communication in the ways specified in Article 2 of the GTC, without the simultaneous physical presence of the Accommodated Guest (unless otherwise agreed between the Parties). The contract comes into force upon conclusion; it comes into effect, i.e. the legal consequences for both parties, only when the advance prepayment is credited to the Accommodation Provider’s bank account within the period communicated by the Accommodation Provider in the Booking Confirmation.

1.3 The rights and obligations of the Contracting Parties not expressly regulated by the Contract are governed by these GTC or by legal regulations. If the Contract stipulates something other than the GTC, the Contract precedence applies. The GTC, including the Accommodation Rules, are available on the website of the Accommodation Provider www.hotelmeritum.com and form an integral part of the contract. By concluding the contract, the Guest confirms that he/she has duly read all the provisions of these GTC, including the conditions for cancellation of reservations and cancellations, including the accommodation rules of the Accommodation Provider, and that he/she understands them.

1.4 Accommodation prices listed on the Accommodation Provider www.hotelmeritum.com (hereinafter referred to as the “Website”) represent promotional prices for accommodations on specific dates. In the case of an online reservation, inquiry on the website, the final price of accommodation and services will be communicated to the Guest before the Confirmation of Reservation according to the methodology in Article 2 of the GTC, i.e. before the conclusion of the contract. In the event of any type of special offer or promotion, the final price of accommodation and services will be communicated to the Guest by email based on an individual calculation prepared by the reservation department based on the Guest’s request, i.e. before the contract is concluded. The final price always includes all taxes and fees, except for the tourist tax in the amount according to the valid decree of the Capital City of Prague. The prices of other services are listed on the Accommodation Provider’s website.

1.5 If the Guest grossly breaches the obligations arising from the Contract, the Civil Code, the GTC and/or the Accommodation Rules, or good morals (e.g. by gross, noisy or offensive behaviour on the premises of the Accommodation Provider to an excessive extent), the Accommodation Provider is entitled to terminate the contract before the end of the agreed period, even without a notice period, if the Guest has been notified of its misconduct by the Accommodation Provider in accordance with the provisions of Section 2331 of the Civil Code,  and despite this warning, he committed such a violation again.

 

2. BOOKING AND CONCLUSION OF THE CONTRACT

2.1 Accommodation can be booked in the following ways:

2.1.1 Through the hotel reservation system available on the www.hotelmeritum.com website, where they fill in the essential elements of the contract (arrival date, departure date , number of persons, type of room, services, etc.); before submitting the reservation, the Guest must confirm by checking the relevant box of the reservation form that they have familiarized themselves with the content of these GTC and the cancellation conditions contained in the GTC and with the obligation to make a prepayment. Without this confirmation, the booking will not be completed. The contract is concluded by pressing the “Reserve” button. Without undue delay, the Accommodation Provider will then send a Reservation Confirmation by e-mail to the Guest, including the deadline and instructions for the payment of the deposit. The Accommodation Provider states quite indicatively that the deadline is usually 3 to 7 days. Upon proper and timely payment of the prepayment to the Accommodation Provider’s bank account, the contract becomes effective; Otherwise, the contract automatically expires without further notice upon the expiration of the deadline and the reservation is voided.

2.1.2 By e-mail at reception@hotelmeritum.com or hotelmeritum@hotelmeritum.com, based on the Guest’s inquiry, the reservation department will prepare an offer and send it to the Guest for acceptance; together with the offer, the Guest will be sent these GTC in PDF (the GTC also include Information on the handling of personal data and cancellation conditions), to which the Guest agrees by accepting the offer. Acceptance means the Guest’s timely consents by e-mail (the deadline is set by the Accommodation Provider’s offer), or other action of the Guest from which consent can be inferred. By acceptance, the contract is concluded. Without undue delay after the Guest’s acceptance, the Accommodation Provider will send a Reservation Confirmation by e-mail, including the deadline and instructions for the payment of the prepayment. The Accommodation Provider states quite indicatively that the deadline is usually 3 to 7 days. Upon proper and timely payment of the prepayment to the Accommodation Provider’s bank account, the contract becomes effective; otherwise, the contract automatically expires without further notice upon the expiration of the deadline, and the reservation is voided.

2.1.3 By telephone, followed by sending the Accommodation Provider’s offer for confirmation by Guests to the e-mail address provided by the Guest. Article. 2.1.2. shall then apply mutatis mutandis to the process of concluding the contract.

2.2 A condition precedent to the effectiveness of the Accommodation Agreement is the payment of a prepayment in the amount of 100% of the price of the stay, including VAT, to the Accommodation Provider’s bank account. The Guest is obliged to make a prepayment on the basis of an advance invoice issued by the Accommodation Provider, which is an attachment to the Reservation Confirmation, within the deadline and according to the conditions specified therein. The proforma invoice will be delivered to the Guest to the e-mail address provided by the Guest.

2.3 The advance prepayment is further indivisible and non-transferable to a third party in the final bill/invoice/tax document. The final bill/invoice/tax document will be issued using the Guest`s data as stated in the proforma invoice. Please pay close attention to the exact invoicing information during the booking process and conclusion of the contract. Changes made after the booking has been confirmed will not be considered.

2.4 In case of non-cash payments, payment date is always considered the date when the relevant amount is credited to the Accommodation Provider’s bank account.

2.5 Instead of an advanced prepayment (in excess of it), the Guest is entitled to pay the full price of accommodation, services and other ordered services; however, in this case, the cancellation policy is identical to an advanced prepayment.

 

3. PAYMENT FOR PROVIDED ACCOMMODATION, SERVICES AND OTHER SERVICES

3.1 For accommodation and services ordered by the Guest and provided by the Accommodation Provider, the Guest is obliged to pay the agreed price of accommodation, services, or other services in accordance with the valid price list at the time of their use, but no later than on the day of the end of the stay, before leaving the accommodation area, on the basis of the presentation of the bill, together with the statement of advanced prepayment made by the Guest.

3.2 Types of payment of the price of accommodation, services and other services:

– 100% advanced prepayment – payment with credit/debit card. A deposit of 100% of the price according to the contract including VAT will be deducted from the Guest’s payment card on the day of acceptance, i.e. conclusion of the contract. Any additional payment incurred shall be paid by the Guest at the hotel reception in accordance with Article 3.1.

– Bank transfer. The Guest will transfer the amount of the advance prepayment to the Accommodation Provider’s bank account stated in the Booking Confirmation. To identify the payment, it is necessary to state the variable symbol corresponding to the reservation number and the guest’s name in the notes.

– A voucher/gift accommodation voucher issued by the Accommodation Provider with valid requirements necessary for its identification by the Accommodation Provider. The conditions at the time of the purchase of a voucher/gift accommodation voucher apply, especially the expiration date. Request for redemption is possible by email or telephone, while points 2.1.2 and 2.1.3 apply to the sending of the GTC and the Booking Confirmation mutatis mutandis, except for the obligation to pay a deposit if it is lower than the face value of the voucher.

3.3 If the advanced prepayment is transferred from the previous accommodation of the Accommodated Person to a new contract by individual agreement of the contracting parties, there is no entitlement to a refund according to the above cancellation conditions. The transferred advance prepayment must be used by the specified date, see Article 4.7 of the GTC.

3.4 In the event of a shortening of the period of accommodation by the Guest (except for reasons on the part of the Accommodation Provider) or any other change on the part of the Guest, the Accommodation Provider shall govern by the cancellation conditions under these GTC.

 

4. CANCELLATION POLICY, CANCELLATION AMOUNT, IMPOSSIBILITY OF WITHDRAWAL FROM THE CONTRACT, NO-SHOW TO USE ACCOMMODATION AND SERVICES

4.1 If the Guest fails to pay the advanced prepayment pursuant to Article 2 para. 2.2 duly and on time within the period specified in the Booking Confirmation, the contract automatically expires without further notice upon the expiry of the period and the reservation is voided.

4.2 The Guest is not entitled to withdraw from a contract the subject of which is accommodation and related services, or other services, if they are meals or use of conference facilities, in accordance with the provisions of Section 1837 (j) of Act No. 89/2012 Coll., if the Accommodation Provider is to perform under the contract on a specific date or in a certain period, which this contract fulfils. However, the Guest is entitled to terminate the contract before the end of the agreed period of accommodation in the form of a written notice delivered to the registered office of the Accommodation Provider and/or by e-mail to the address: reception@hotelmeritum.com and/or in person at the Accommodation Provider’s premises at the reception of the Hotel Meritum. In such a case, the Accommodation Provider is entitled to charge the Guest a cancellation fee. The cancellation fee is based on the time between the receipt of the notice by the Accommodation Provider and the date of the agreed commencement of the use of accommodation and services or other services. The shorter this period is, the more likely the Accommodation Provider can no longer or can only with fundamental difficulties and uncertainty execute the contract with another person or must reduce the realized prices for the fulfilment of the accommodation contract in advance and it is not possible to prevent their occurrence. The cancellation fee system is linked to the date of delivery of the notice to the Accommodation Provider (hereinafter referred to as the “cancellation of the reservation”). The amount of the cancellation is always calculated from the price of accommodation, services and other services agreed in the contract. The deposit paid by the Guest will be primarily used to pay the cancellation (or if the Guest chooses to pay a higher amount over and above the deposit, then this amount will also be used) in the form of offsetting mutual claims; if the deposit paid is not sufficient to pay the cancellation, the Guest is obliged to pay it within 14 days of the cancellation of the reservation by the Guest (if cancelled) and/or on the date of expected arrival and usage of services in case of no-show. The cancellation fee rate is set by the Accommodation Provider as following:

– cancellation of the reservation up to 30 days before the first day of accommodation (hereinafter referred to as “arrival”) is free of charge; The accommodation provider will not require any compensation for material damage;

– cancellation between 29 and 14 days before arrival 30% of the price in the contract incl. VAT; the cancellation also covers compensation for material damage caused to the Accommodation Provider;

– cancellation of the reservation within 13-7 days before arrival 50% of the price in the contract incl. VAT; the cancellation also covers compensation for material damage caused to the Accommodation Provider;

– cancellation of the reservation within 6-0 days before arrival or in case of no-show and use of services and other services and/or cancellation of accommodation by the Guest, without reason on the part of the Accommodation Provider, before the expiration of the agreed period 100% of the price in the contract incl. VAT; the cancellation also covers compensation for material damage caused to the Accommodation Provider.

4.3 If the deposit paid by the Guest is higher than the amount of the cancellation, the Accommodation Provider will return it to the Guest within 14 days of the cancellation of the reservation by the Guest (if cancelled) and/or on the date of expected arrival and usage of services in case of no-show.

4.4 The cancellation fee serves as a contractual penalty for early termination of the accommodation contract and ordered services or other services to the Guest.

4.5 In the event of early termination of accommodation and the use of services or other services before their complete exhaustion by the Guest through no fault of their own, or without a reason on the part of the Accommodation Provider, the cancellation conditions pursuant to Article 4.2 of the GTC shall also apply. For the avoidance of doubt: the unused amount of the price in the contract will not be refunded if the cancellation is higher than the deposit paid (Article 4.2 of the GTC shall apply mutatis mutandis).

4.6 In exceptional situations, the Accommodation Provider may waive the cancellation fee in whole or in part, i.e. waive the incurred debt; this is the sole responsibility of the Accommodation Provider to decide on this according to its individual assessment of the case. The Accommodated Person is not legally entitled to the waiver.

4.7 In case of extenuating circumstances on the side of the Guest and exclusively upon individual agreement of the contracting parties, the Accommodation Provider may agree to change (move) the booked date without the right to payment of the cancellation fee, in this case the deposit paid will be moved to a new date according to the agreement of the contracting parties. If the parties individually agree to move the booked date, including the deposit, but do not specifically set this new date, the advance prepayment must be used within 6 months of the original date of arrival, unless the parties agree otherwise. For the purposes of the above, exhaustion means at least arrival on a new date. If it is not utilized within the above period of 6 months, the right to its refund expires without compensation.

4.8 In the event that it is impossible to provide the agreed accommodation, services and other services for reasons not on the part of the Guest (i.e. due to reasons on the part of the Accommodation Provider or due to external circumstances, including possible anti-epidemic measures of public authorities), the Contracting Parties have agreed that the primary choice of compensation for the claim will be a change (transfer) of the reservation, the secondary choice will be the issuance of a gift accommodation voucher for the price according to the Contract (or its unused part). If the parties do not agree on the procedure above, the Accommodation Provider is obliged to return the price under the contract (or its unused part) to the Accommodated Guest in monetary consideration within 14 days from the date on which the impossibility of contract fulfilment occurred.

4.9 If accommodation and related services are provided to the Guest in the form of a special stay of their choice according to the offer offered by the Accommodation Provider, its composition (including basic accommodation) is unchanged. If you do not use any of the services that are part of the offer of special stay or basic accommodation, there is no entitlement to a replacement of the service, a refund of a proportionate part of the price of the stay or any other form of refund. Basic accommodation means accommodation in the Hotel Meritum, the price of which includes breakfast, parking in the hotel area, WiFi connection and VAT at the current rate.

4.10 The Accommodation Provider is not liable for damage caused to the Guest by force majeure. An event of force majeure is an extraordinary, unforeseeable and insurmountable obstacle arising independently of the will of the Accommodation Provider, which temporarily or permanently prevented the fulfilment of its obligations under the contract. Strikes, lockouts, blockades, wars, civil unrest, natural disasters, epidemics and interventions, orders or measures of public authorities, including anti-epidemic measures, are force majeure events.

 

5. GENERAL RULES OF ACCOMMODATION – ACCOMMODATION RULES

5.1 The Hotel Meritum, which is operated by the Accommodation Provider, is entitled to accommodate only the Guest who duly registers for the stay, at the reception of the Hotel Meritum. For this purpose, the Guest shall present their ID card or other valid identity card, passport or other travel document or ID CARD confirming their identification for inspection at the reception immediately upon check-in to the Accommodation Provider’s employees. The Accommodated person will confirm the accuracy of his/her personal data and the duration of stay by signing the registration sheet. By signing the registration sheet, the Accommodated person again expresses his/her consent to the Accommodation Rules, which are part of the GTC. The Accommodation Rules are available at the reception and on the www.hotelmeritum.com website  as part of the GTC.

5.2 Each Accommodated Person who is not a citizen of the Czech Republic (foreign national) is obliged in accordance with the Act on the Residence of Foreign Nationals in the Territory of the Czech Republic, as amended, to fill in and submit an official document on the notification of residence at the reception, and the Guest is obliged to provide all required information truthfully and completely.

5.3 The Accommodation Provider is entitled to require the Guest to provide a valid payment card as a guarantee upon arrival for the ordered and purchased services, which the Guest requires to be paid through the hotel account, i.e. to the room. The guarantee is used in case of non-payment for the agreed and used services by the Guest. The handling of payment card data is in accordance with PCI rules.

5.4 On the basis of an effective contract, the Guest may check in on the day of arrival at the time specified in the Booking Confirmation, from 15:00 to 23:00. Until this time, the Accommodation Provider will reserve a room for the Guest, unless otherwise agreed between the parties in the contract.

5.5 The Guest shall check out of their room no later than 10:00 a.m. on the last day of their stay (hereinafter referred to as the “day of departure”). Until this time, the room will be vacated, including the entire space reserved for use (including the parking space), unless otherwise agreed individually and in advance with the Accommodation Provider. If the Guest does not vacate the room, including the entire space reserved for his/her use by the specified time, the Accommodation Provider may charge the Guest for the entire departure day, including the night, unless otherwise agreed in advance. The room is considered vacant after the Guest has taken all his/her belongings out of the room, including the entire area reserved for his/her use, handed over the key to an authorized employee of the accommodation facility and announced that he/she is departing. The Accommodation Provider reserves the right to check the room inventory (furniture, appliances, forgotten items) and payment until 20:00 on the day of check-out. In the event of any damage to the Accommodation Provider’s property that was not reported during the stay, the Accommodation Provider will objectify them, take documentation (especially photos) and immediately notify the Guest.

5.6 If the Guest requests an extension of accommodation, the Accommodation Provider may offer them another room in a different price range than the original one; if the Guest accepts the Accommodation Provider’s offer, the Parties shall enter into either an agreement to amend the contract and/or a new accommodation agreement to this effect. However, the guest is not entitled to accommodation in the room in which he or she was originally accommodated, or to accommodation in another room if this is not possible for capacity or operational reasons.

5.7 The Accommodation Provider reserves the right, in exceptional cases, to offer the Accommodated Guest accommodation other than that originally agreed, provided that it does not differ substantially from the confirmed order; if this results in a price difference and the Guest accepts the change, the Accommodation Provider is obliged to make up for this price difference, unless the Accommodation Provider is exhausted by the provision of services or other services not previously ordered by the Accommodated Person.

5.8 The Guest is obliged to adapt his/her stay at the Hotel Meritum and in all facilities and operations of the Accommodation Provider to his/her current state of health and physical and mental abilities.

5.9 Upon arrival at the accommodation, the Guest will receive the keys to the room. In the event of loss, destruction or damage to the keys, the guest is obliged to pay the Accommodation Provider a lump sum compensation for the damage caused in the amount of CZK 1,000. These claims of the Accommodation Provider will be paid according to Article 3.1.

5.10 The Guest is also obliged to:

– familiarize yourself with the Accommodation Rules and follow them;

– pay the price for accommodation, services and other services according to the concluded contract;

– to properly use the premises intended for his/her accommodation, as well as the entire accommodation area, to maintain order and cleanliness in them;

– protect the equipment of the facility in the accommodation area against damage;

– to immediately report any damage or damage caused by the Guest or persons accommodated through the Guest in these premises to the Accommodation Provider;

– when leaving the room, close the water taps, turn off the lights, turn off electrical appliances that are not used during the Guest’s absence, and close the windows;

5.11 Without the prior consent of the Accommodation Provider, the Guest may not:

– make substantial changes to the premises reserved for the Guest’s use, or other accommodation areas of the Accommodation Provider (moving furniture, moving equipment, etc.);

– remove any equipment and equipment from the room or accommodation areas;

– leave the premises intended for accommodation to another Accommodated  Person without the knowledge of the Accommodation Provider;

– receive visitors in the premises intended for accommodation. Visitors may be accepted only in the lobby bar, foyer and restaurant;

– state the address of the hotel location/ restaurant as the place of business;

5.12 Dogs and other animals may only move around the premises of the accommodation facility with the prior consent of the Accommodation Provider, provided that the owner proves their medical wellness. The price for accommodating of an animal is charged according to the valid price list. The following measures apply to the accommodation of dogs and other animals:

– Dogs and other animals are prohibited from entering and staying in those areas where food is stored and prepared, or food and drinks are served.

– Only small breeds of dogs and dogs accompanying people with limited visual senses are allowed to enter and stay in the accommodation area.

– In all publicly accessible areas, each dog must be on a leash and wear a muzzle; Other animals must be sufficiently supervised by the owner so that they cannot move freely on their own.

– Dogs and other animals must not be allowed to rest/lie on a bed or other device that serves to rest Guests.

– Inventory that is used to prepare or serve food to the Guests may not be used to feed dogs and other animals.

– In the event of any damage to the equipment by an animal, the Guest is obliged to pay for the damage in full. The owner of the animal and the Accommodated Person who allowed the animal to stay in the room are fully responsible for the animal.

– For the above violation of rules and measures, except for direct damage to property, which is charged to the Guest in full, the Guest will be charged for additional cleaning of the room and/or premises slightly soiled by animals as a lump-sum compensation for damage of up to CZK 1,000. The Accommodation Provider reserves the right to charge other direct cleaning costs in excess of the above-mentioned amount in full, if necessary to restore the space reserved for accommodation to the condition in which the Guest took it over and to take into account the normal performance of the accommodation. The Accommodation Provider also reserves the right to charge the Guest for new bedding that has been used for the rest of the animals if it is damaged, soiled or destroyed. This bedding will be billed to the Guest in full.

– Cleaning, room inspection and repairs in rooms where the Guest is accommodated with the animal must be allowed in such a way as not to endanger the staff or other Guests. Inspections must be allowed at least once a day, in order to detect damage or excessive soiling. The staff is not obliged to clean or repair the room if they feel threatened by a dog or other animal left unattended in the room.

5.13 The Guest is obliged to put rubbish exclusively in designated containers in designated places.

5.14 For safety reasons, the Accommodation Provider recommends not to leave children under 12 years of age unsupervised in the room or in other common areas.

5.15 From 10:00 p.m. to 6:00 a.m., the Guest is obliged to observe the night’s quiet. With the consent of the Accommodation Provider (manager or deputy), the Guests may remain in premises furnished for social events even after 22:00, but only in the designated areas, not in the rooms.

5.16 The Accommodated Person is not allowed to carry or bring a weapon or ammunition in the Accommodation Facility, or to store them in any way in a condition allowing their immediate use. An exception applies to armed security forces on duty.

5.17 In the event of a great interest from the Guests in the use of the Hotel Meritum additional (other) services such as Meeting Room or Restaurant, the Hotel reserves the right to limit the entry or use of the client’s services to a maximum of 2 hours / day of additional services.

5.18 Complaints of the Accommodated and any suggestions for improvement of activities are accepted by the hotel management or may be submitted in accordance with the procedure set out in point 10. The questionnaire is available at the reception of the Hotel Meritum.

5.19 Disputes arising out of this Agreement shall be resolved through the courts of the Czech Republic. In disputes for damages in which the defendant is a person domiciled in one of the EU Member States, the jurisdiction of the court for the place where the damage occurred is Article 5(3) of Council Regulation (EC) No 44/2001 of 22.12.2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

5.20 The Guest is obliged to comply with the provisions of these Accommodation Rules. In the event that the Guest fails to comply with the Accommodation Rules, the Accommodation Provider has the right to terminate the contract, as specified in Article 1.5 of the GTC. In such a case, the Accommodation Provider has the right to the full payment of the accommodation price. The Guest must then leave the Accommodation Provider’s facility immediately.

5.21 The Accommodated Person on the premises of the Accommodation Provider is strictly prohibited:

– To intervene in the electrical network or other installations in the area reserved for accommodation or any other areas on the premises of the hotel.

– Use your own electrical appliances in the room, e.g. direct heaters. This regulation does not apply to electrical appliances for personal hygiene (razor, massager, hair dryer, etc.).

– Guests are not allowed to bring things into the rooms and store them where they are not intended for use in the room, e.g. sports equipment, prams, bicycles, wheelchairs, etc. The Guest will inquire about the storage of these items at the reception; the Guest will be given a place to put them outside the room. For damage to the property of the Accommodation Provider caused despite this prohibition, the Guest will be charged full compensation for damages.

– Smoking is allowed only in areas designated by the Accommodation Provider. Smoking is strictly prohibited in the rooms and in the windows belonging to the room.

– The use of any narcotic and psychotropic substances is strictly prohibited in accommodation facilities. The Accommodation Provider is entitled to inform the Police of the Czech Republic and to proceed in accordance with Article 1.5 of GTC.

– Guests are strictly forbidden to use the Hotel premises under the influence of alcohol, narcotic and psychotropic substances.

 

6. LIABILITY OF THE ACCOMMODATION PROVIDER FOR THE GUEST’S BELONGINGS

6.1 The Accommodation Provider is liable for items brought into the premises reserved for accommodation or storage in connection with the contract, services and other services only to the extent specified in Section 2946 par. 1 of Act No. 89/2012 Coll., the Civil Code. Money, jewellery or other valuables may be taken over by the Accommodation Provider from the Guest for safekeeping; However, the accommodation provider may require that the items be handed over to him in a closed or sealed box.

6.2 The Accommodation Provider provides a safety deposit box at the Hotel reception, in which it is recommended to store valuables, jewellery and money for security reasons. Storing items in the room cannot be considered as taking over the items by the Accommodation Provider for safekeeping.

6.3 The Guest is responsible for any damage caused to the equipment, or inventory of the area reserved for accommodation, accommodation area (common areas), in accordance with the relevant applicable legal regulations. In the event of damage or destruction of the Accommodation Provider’s property, the Accommodation Provider is entitled to compensation for property damage.

6.4 In the event of damage to the property of the Accommodation Provider for which the Guest is responsible, the Guest is obliged to pay compensation for the damage caused no later than on the day of termination of the stay, before leaving the accommodation area; Upon individual agreement of the contracting parties, payment is possible on the basis of an invoice issued within 14 days from the date of termination of the Guest’s stay, payable within 10 days of delivery to the Guest, provided that the Guest agrees in writing to the occurrence of damage, its course and his/her liability.

6.5 Laundry as an additional service for the Guest: The Accommodation Provider reserves the right to refuse to wash the Guest’s laundry that is excessively soiled or damaged. The dry cleaners are not responsible for damaged colouring (ecological paints), buttons or decorative clips damaged during the cleaning process. When determining the amount of damage to the item, it is generally based on its usual price at the time of the damage and takes into account what the Accommodated Person must reasonably spend to restore or replace the function of the item.

6.6 The Accommodation Provider is not responsible for theft or damage to motor vehicles left in the Accommodation Provider’s car parking lot under the conditions stipulated by law. The Accommodation Provider recommends that the Guest make sure that the car is properly locked and secured. He also recommends not leaving personal belongings lying loose in the car. The Accommodation Provider is not responsible for any damage caused to third parties by the Guest in garages or parking lots. The Accommodation Provider reserves the right to claim and account for damage caused to the Accommodation Provider’s property by the Guest’s vehicle or actions.

6.8 The Guest is obliged to behave in such a way as to prevent damage to health, property, nature and the environment. The Accommodation Provider recommends that the Guest has the door locked even when staying in the room. Before opening the door to strangers, he checks the reason for entering the room and in case of any doubts immediately contacts the reception. Before leaving the room, the Guest must properly check whether the windows and doors are closed.

6.9 The Accommodation Provider is not responsible for any damage caused outside the premises of the Hotel Meritum.

 

7. SAFETY, LIABILITY OF THE GUEST FOR DAMAGE CAUSED

7.1 The Guest is obliged to familiarize themselves with the safety rules and the evacuation plan in the event of a fire. This plan can be found in each hotel room and can be provided by the relevant employee at the hotel reception.

7.2 The Guest shall act in such a way as to avoid unjustified harm to the freedom, life, health or property of another.

7.3 If the Guest causes damage or harm to the life, health or property of the Accommodation Provider or third parties by his/her actions or omissions, or if such damage is caused by a person who is not legally competent and over whom the Guest is obliged to supervise (e.g. a minor child) and/or an animal, the Guest is obliged to compensate for all such damage or harm under the conditions of Section 2920 of the Civil Code, or Section 2933 of the Civil Code in the case of an animal.

 

8. CONSUMER PROTECTION – FURTHER INFORMATION

8.1 We hereby provide you with all information pursuant to the provisions of Sections 1811 and 1820 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”). The Accommodation Provider provides the Accommodated Persons with the following information:

1. a) Identity and contact details of the Accommodation Provider: ComHotel s.r.o., physical address Hotel Meritum

Company ID: 26495589 / Tax ID: CZ26495589,

14/8, 161 00 Prague 6 – Ruzyně,

The company is registered in the Commercial Register maintained by the Municipal Court in Prague, Section C,

Insert 85 826;

1. b) the main subject of business of the Accommodation Provider:

accommodation services; catering activities, sale of fermented alcohol, potable alcohol and spirits, wholesale

and retail; brokerage of trade and services;

1. c) designation of the service:

The accommodation provider provides accommodation and related services. A detailed description of the service is given in the contract, recapitulated in the Booking Confirmation;

(d) costs of means of remote communication:

the costs incurred by the Guest when using distance communication means in connection with the conclusion of the contract (internet connection costs, telephone call costs) are paid by the Guest himself/herself;

1. e) Delivery costs: not charged, performance under the contract is not delivered;
2. f) for the exercise of rights arising from defective performance, the following applies: in particular, Sections 1914, 1921, 1923 of Act No. 89/2012 Coll., the Civil Code, as amended, and Act No. 634/1982, on Consumer Protection, as amended, apply to the consumer. Quality warranty and after-sales service are not provided. There are no specific rules for handling complaints against consumers. For more information on the complaint refer to Article 10 of the GTC;
3. g) Address of the establishment:

Hotel Meritum, Staré nám. 14/8, 161 00, Prague 6 – Ruzyně;

(h) the adjustment of the price to the consumer on the basis of automated decision-making: NO;

1. i) in the event of withdrawal from the contract, the consumer shall bear the costs associated with the return of the goods: NO;
2. j) if the Guest asserts any claim against the Accommodation Provider concerning the contract concluded between them, or the provision of agreed services (“consumer dispute”) and if the performance takes place in the Czech Republic and the Accommodation Provider does not comply with this claim and the dispute is not resolved in any other way, the Guest has the option to turn to the Authority for Out-of-Court Settlement of Consumer Disputes with their claim, which is the Czech Trade Inspection Authority. An application to initiate proceedings may be filed no later than 1 year from the moment when the Accommodated Person first filed his/her claim with the Accommodation Provider. More information can also be found on the website coi.cz / under the tab “FOR CONSUMERS”; Czech Trade Inspection Authority Central Inspectorate – ADR Department Štěpánská 15, 120 00 Prague 2; email: adr@coi.cz / web: adr.coi.cz.
3. k) the designation of the Member State or Member States of the European Union whose legislation will govern the relationship between the Accommodated Guest and the Accommodation Provider based on the booking confirmation: Czech Republic;
4. l) information about the language in which the Guest will negotiate with the Accommodation Provider during the stay and in which the Guest will provide the Accommodated with the Terms and Conditions and other information: Czech and English.

 

9. INFORMATION ON THE HANDLING OF PERSONAL AND PAYMENT DATA

9.1 The Guest acknowledges that in connection with the provision of accommodation, services and other services, the Accommodation Provider processes personal data provided in e-mail communication, telephone calls, hotel reservation system, when logging in to the registration sheet, all in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, the General Data Protection Regulation. The Accommodation Provider is the personal data controller.

9.2 The purpose of the processing of personal data is the performance of the contract, services and other services, including communication prior to its conclusion, and the fulfilment of legal obligations (in particular in the area of taxes and accounting, guest records within the meaning of the Local Fees Act and the Act on the Residence of Foreign Nationals in the Czech Republic) and the legitimate interest of the Accommodation Provider pursuant to the provisions of Article 6 para. 1 lit. f) of the General Data Protection Regulation.

9.3 For the purpose of providing accommodation and services, the following personal data of the Guest or other persons accommodated through the Guest are processed: name, surname, date of birth, place of residence, gender, age, email, telephone number, number and type of payment card, based on the data obtained from the Guest. For the purpose of fulfilling legal obligations, personal data are processed to the extent stipulated by legal regulations.

9.4 The Accommodation Provider will process personal data manually and automatically directly through its authorized employees and also through processors authorized to do so on the basis of personal data processing agreements and other entities necessary for the protection of the Accommodation Provider’s rights (e.g. courts, experts, insurance company, law firm).

9.5 The Accommodation Provider will process personal data for the period of the contract term, services and other services or for the period stipulated by legal regulations and after its performance for the period required by the Accommodation Provider’s legitimate interest, i.e. 3 years from the performance or other termination of the contract.

9.6 The Guest has the right to access their personal data processed by the Accommodation Provider, to correct or delete them, or to restrict processing, and the right to object to processing and the right to lodge a complaint with the supervisory authority, which for the territory of the Czech Republic is the Office for Personal Data Protection (www.uoou.cz). More information on personal data protection can be found on the http://www.hotelmeritum.com, in the GDPR and documents section – Information on the processing of personal data. There are also other details of the processing of personal data.

9.7 When handling payment data and card data, the Accommodation Provider shall follow the PCI DSS (Payment Card Industry Data Security Standard) security rules. Security Requirements – The Data-Centred Rules (Standards/Norms) (PCI DSS) are globally (internationally) applicable and are intended for organizations or environments (CDEs) where data about cardholders and card transactions are processed, transmitted and/or stored.

9.8 The Accommodation Provider is entitled to use the details of the Guest’s electronic contact for sending electronic mail for the purposes of disseminating commercial communications concerning accommodation, services and other services provided by the Accommodation Provider, information and commercial communications about events and events held in the Accommodation Provider’s premises and direct marketing, all without the Guest’s consent due to the existence of a legitimate interest under Article 6 para. 1 lit. f) of the General Data Protection Regulation. When sending such electronic messages, the Accommodation Provider is obliged to enable the Guest to unsubscribe from these commercial communications in a simple way and free of charge. The Guest’s right to object to such processing is not affected.

 

10. SCOPE AND CONDITIONS OF COMPLAINTS: COMPLAINT PROCEDURE, METHOD AND PLACE OF HANDLING CONSUMER COMPLAINTS

10.1 The Accommodation Provider is obliged to accept a complaint about accommodation, services and other services in an establishment where the acceptance of a complaint is possible with regard to the services provided (these are establishments pursuant to Article 8 g) of the GTC, in particular the reception of the Meritum Hotel is suitable for any complaint, preferably during the course of accommodation, services or immediately after the provision of another service – this can significantly speed up the settlement of the complaint),  also at the company’s registered office; Consumers (and non-consumers) can also use the complaint form published on the https://www.hotelmeritum.com/reklamacni-formular to make a complaint. Any defects in accommodation or services provided by the accommodation provider are resolved in accordance with Article 10 of these GTC (hereinafter referred to as the “Complaint Procedure”) and applicable legal regulations (in particular the Civil Code and the Consumer Protection Act).

10.2 The guest is entitled to exercise his/her rights arising from defective performance (complaint) at the reception of the Accommodation Provider, or in writing to the e-mail address of the reception@hotelmeritum.com or to the address of the Accommodation Provider’s registered office.

10.3 An employee authorized to handle complaints must be present at the premises pursuant to Article 10.1 of the GTC during the entire opening hours. When filing a complaint, the Accommodation Provider is obliged to issue the Guest with a written confirmation stating the date on which the Guest filed the complaint, what its content is, what method of handling the complaint the Guest requires and contact details for the purpose of providing information on the settlement of the complaint. The accommodation provider is obliged to issue the consumer with a confirmation of the date and method of settlement of the complaint, or a written justification for rejecting the complaint. The Accommodation Provider shall send the confirmation of the complaint and/or the confirmation of the settlement of the complaint to the to the Guest’s contact address or e-mail address provided, if specified in the complaint. The Guest is obliged to file a complaint without undue delay after it has been discovered, or from the moment when it has had the opportunity to find out, but no later than 6 months after the end of the stay or provision of the service.

10.4 When filing a complaint, the Guest is obliged to state his/her name, surname, contact details, describe the content and reasons for the complaint, state the required method of handling the complaint and, if possible, document the circumstances of the complaint (e.g. photographs or other suitable means); At the same time, it is recommended, especially in the case of a complaint after the provision of accommodation or after the provision of a service, to submit documents related to the provided service (confirmation of reservation, payment of the price of accommodation, etc.).

10.5 In the event of an oral complaint being filed in the establishment, the Accommodation Provider’s employee is obliged to fill in a complaint form with the Guest and hand over one copy of it to the Guest. The complaint form will state at least the requirements according to Article 10.4 of the GTC. The complaint form is signed by the drafting employee of the Accommodation Provider and by the Accommodated Person, who agrees with its content by signing.

10.6 The Accommodation Provider will decide on the complaint immediately, in complex cases within three working days. The complaint, including the removal of the defect and information to the Guest, must be settled within 30 days at the latest, unless the parties agree on a longer period. Failure to comply with this deadline is a material breach of contract.

10.7 The Guest is obliged to provide the cooperation necessary to settle the complaint, in particular to provide the necessary information and documents proving the facts. If the nature of the complaint so requires, the Guest is obliged to allow the Accommodation Provider access to the premises provided to them for accommodation in order to assess the justification of the complaint.

10.8 Methods of handling complaints:

10.8.1 In cases where the complaint is assessed as wholly or partially justified and the defect can be remedied, its settlement consists in the removal of the defect free of charge or, if possible, in the provision of a substitute service (or the addition of the missing service) or a reasonable discount on the price. If the defect is irreparable, the Guest is entitled to request a reasonable discount on the price or withdraw from the contract. The choice made belongs to the Guest and cannot be changed without the consent of the Accommodation Provider.

10.8.2 In cases where the complaint is assessed as unfounded, the Guest is informed of the reasons for rejecting the complaint pursuant to Article 10.3 of the GTC.

 

 

 

11. FINAL PROVISIONS

11.1 Matters not expressly regulated by the Contract and these GTC are governed by the laws of the Czech Republic, in particular by the Civil Code (Act No. 89/2012 Coll.) and the Consumer Protection Act (Act No. 634/1992 Coll.), even in cases where the Contract with an international element is concluded on the part of the Guest. Accommodation, related services and other services are provided exclusively in the country of the Accommodation Provider and if they are to be provided to the Guest outside the country of his/her usual residence, they are also governed by Czech law in accordance with Articles 5 and 6 of the Rome I Regulation.

11.2 The Contract is concluded in the Czech language, and these GTC are also drawn up in the Czech language. If the text of the contract or these GTC is translated into a foreign language for the needs of the Accommodated Guest, the interpretation in the Czech language shall apply in the event of a dispute over the interpretation of their provisions.

11.3 The Contract shall be deposited with the Accommodation Provider; The booking confirmation is sent to the Guest. Upon request, the Accommodation Provider shall grant the Accommodated Person access to the contract he has entered. Before concluding the contract, the Guest is entitled to change or cancel the reservation. After the conclusion of the contract, its content can be changed by agreement of the parties.

11.4. The Accommodation Provider is entitled to unilaterally amend the provisions of these GTC. These changes are without prejudice to the provisions of the GTC valid at the time of the conclusion of the contract. The wording of the GTC is always considered valid and effective as of the date of conclusion of the contract. In the event of a deviating arrangement between the contract and these GTC, the contract shall prevail; in the event of a deviating arrangement between these GTC and other documents of the Operator (e.g. the Accommodation Rules in a different wording from the GTC), these GTC shall prevail.

11.5 These General Terms and Conditions enter into force and effect for contracts concluded from 12/01/2024.

 

Prague, 12/01/2024