General Terms and Conditions
OF HOTEL KRISTÍNA
Introductory Provisions
The subject matter of these General Terms and Conditions (hereinafter referred to as the “GTC”) are the rights and obligations governing the relationships between the Hotel Operator and its clients.
These GTC shall apply to online reservations of the accommodation services offered by the Hotel Operator, the use of the online reservation system of the Hotel Operator, the payment and cancellation terms for online reservations made by the Client via the Hotel website, as well as any other rights and obligations arising out of the legal relationship established by making an online reservation.
By booking a service via online reservations, the Client accepts and agrees to be bound by the GTC.
The Hotel Operator reserves the right to unilaterally amend these GTC, with such amendment coming into force upon being published on the website of the Hotel Operator.
Definitions
For the purposes hereof,
Client means any individual aged at least 18 years who has legal capacity or any legal entity which concludes a services contract with the Hotel or sends the Hotel a binding booking request
Hotel means the mountain Hotel Kristína, operated by MIRO TOURS s.r.o., BIN: 31 595 332, place of business: Florinova 928/9, 029 01 Námestovo, incorporated into the Trades Register kept by the Court of the Žilina District Office, part Sro, 1509/L
Service means any services offered by the Hotel, in particular accommodation, catering, wellness and congress services
Payment means crediting an amount of money to the account of the Hotel Operator, receiving the same at the cash desk, or the moment when the Hotel has the paid amount at its disposal
Damage means actual damage and lost profit. Actual damage shall be compensated for in money, except that the parties agree otherwise, e.g. by restoring the original condition if possible.
Contracting Party means the Hotel and the Client
Conclusion of a Contract
A contract means an agreement between the Hotel and the Client with respect to the provision of services.
Once a contract is concluded, the Hotel undertakes to provide services to the Client in the agreed scope and quality and the Client agrees to pay the Hotel the agreed price and to compensate the latter for any damage caused by the Client using the Hotel services.
A contract shall be deemed to have been concluded upon the confirmation of the Client’s booking request /reservation/ by the Hotel via e-mail, phone, fax or by letter.
If the Hotel services are booked for the Client by a third party, such a third party shall be deemed a contracting party in relation to the Hotel, except for compensation for damage caused by the Client, in which case the Hotel shall be compensated for such damage directly by the Client. In any other respects, the contracting parties are the Hotel and the Client.
Reservation
During the online reservation process the Client can search for vacant rooms currently available in the Hotel according to the requirements specified in a booking request form (check-in date, check-out date, kind of room, etc.).
When making an online reservation, the Client shall fill out the booking request form with all mandatory information, such as the check-in date, the check-out date, the kind of room, any additional services requested, and his/her identification data so that a contract can be concluded. By confirming his/her reservation /binding booking request/, the Client agrees to pay for the service booked.
After the Client submits all the required data and confirms his/her reservation, the Hotel will send the Client a confirmation of receipt of his/her binding booking request with a booking number. The assigned booking number serves as an identifier when making payment or making any changes or cancelling the reservation and when checking in at the Hotel. Therefore, the Client shall store the booking number safely.
Payment Terms
The Client is obliged to pay the agreed price for the services provided, which also include the services provided by the Hotel to third parties at the express request of the Client. The prices listed in the Hotel Price List are final prices and include value added tax. The listed prices, however, do not include local taxes or charges or a fee for keeping a dog at the hotel.
The payment for the stay booked via an online reservation shall be paid by the Client in full through a payment or credit card or through the internet banking service under the number sent to his/her e-mail during the online reservation. By confirming his/her reservation, the Client agrees to make the payment for the booked stay in full to the Hotel Operator (by debiting the price for the stay from his/her account) and authorises the Hotel Operator to receive such payment. The total price for the stay will be credited to the bank account of the Hotel Operator and, once the payment is received, the Hotel Operator will send a confirmation of the Client’s booking request or other notification to the latter’s e-mail address.
A reservation shall be deemed as guaranteed by the Hotel at the moment the price for the stay is paid in full and a confirmation of the booking request is sent by e-mail.
Unless agreed otherwise, once the price for the stay is paid, the Hotel shall issue a certificate of receipt of the payment and send the same to the Client’s e-mail address stated in the booking request form. After the end of the Client’s stay, on his/her check-out date or within 7 days thereafter at the latest, an invoice shall be issued specifying the Hotel services booked and used by the Client. The invoice must contain all the particulars stipulated by Act No. 222/2004 Coll. on Value Added Tax, as amended. If in addition to the services paid for in advance during the online reservation, the Client also uses other services, he/she shall pay for such other services on the check-out date at the latest, either in cash or by payment or credit card.
A payment by credit or payment card may be made prior to or after the use of the Hotel services, based on the data provided by the Client that are necessary to make the payment. By providing the data necessary to make a payment by credit or payment card, the Client authorises its use. The Hotel may additionally deduct from the Client’s credit or payment card any differences ascertained after his/her departure /e.g. items consumed or damages, etc./, to which the Client unconditionally agrees. The Hotel is, however, obliged to inform the Client via e-mail of any differences additionally deducted from his/her credit or payment card and of the reasons for such additional deduction as soon as such differences are ascertained and deducted.
If the Client is in delay with the payment of the owed amount, the Hotel may charge the Client a contractual penalty of 0.05% of the outstanding amount for each day of delay.
Accommodation Services
The booked room(s) shall be made available by the Hotel to the Client from 2 p.m. on the agreed check-in date. If the Client and the Hotel so agree in writing beforehand, the booked room may be made available to the Client before 2 p.m. on the agreed check-in date. The Client is not entitled to demand a particular room unless so agreed with the Hotel in writing beforehand.
On the agreed check-out date the Client shall vacate and hand over his/her room by 10 a.m. on that date unless agreed otherwise beforehand. If the Client is in delay with the handover of his/her room, the Hotel may charge him/her 20% of the accommodation price as per the valid price list. If the Client fails to hand over his/her room by 2 p.m., the Hotel may charge him/her 100% of the accommodation price as per the valid price list, without the Client being entitled to use the Hotel room and the related services.
Unless the Client arrives by 6 p.m. on the agreed check-in date, the Hotel may make the booked rooms available to another Client.
Immediately after receiving the room key card, the Client shall check the interior equipment of the room and report any defects, damage or complaints to the Hotel receptionist. If after the end of the Client’s stay, the Hotel finds that the room or its interior equipment has been damaged or any fittings or parts of the room are missing, the Client is obliged to fully compensate the Hotel for the damage actually caused.
The Client’s stay at the Hotel is governed by the Accommodation Rules, which document is available at the reception. The Accommodation Rules shall be deemed as binding on the Client.
Change or Cancellation of the Reservation, Failure to Check-in
Cancellation Fees
Any changes to the online reservation may be requested by the Client electronically by e-mail to the Hotel Operator’s address: hotel@skizabava.sk, over the phone on the numbers: +421 908 383 255, +421 432 388 682, or by written notice to the postal address: Florinova 928/9, 029 01 Námestovo. In the request to change the online reservation made, the Client shall always state his/her full name and address as stated in the online reservation. If the Client requests such change of the online reservation that cannot be met due to capacity or other operating reasons, the Hotel Operator shall take all steps to meet the Client’s requirements, but the Hotel Operator is not obliged to satisfy the Client’s request for change of the online reservation, and the Client is not entitled to seek damages or any other payment from the Hotel Operator on the grounds of the impossibility to change the online reservation.
If the Client withdraws from the contract and cancels the booked services, whether wholly or in part, the Hotel is entitled to compensation in the form of a cancellation fee determined as a percentage of the price for the services, depending on the time left between the cancellation of the services and the scheduled commencement of the provision of the services.
Unless otherwise agreed between the Hotel and the Client, the following cancellation fees, which are determined as a percentage of the price for the services, shall apply:
- If the services are cancelled 15 to 30 days prior to the scheduled commencement of the provision of the services, the cancellation fee shall be equivalent to 30% of the estimated total price;
- If the services are cancelled 7 to 14 days prior to the scheduled commencement of the provision of the services, the cancellation fee shall be equivalent to 50% of the estimated total price;
- If the services are cancelled 6 or fewer days prior to the scheduled commencement of the provision of the services, the cancellation fee shall be equivalent to 100% of the estimated total price.
The cancellation fee shall also apply if no particular steps are taken by the Client to cancel the booked services and the Client does not check in.
If the Client withdraws from the contract and cancels the reservation, whether wholly or in part, or fails to check in for his/her booked stay due to extraordinary circumstances (sickness, death, natural disaster, etc.), the Hotel Operator shall waive its claim for a cancellation fee upon the presentation by the Client of credible evidence of a serious cause for his/her full or partial withdrawal from the Contract or his/her full or partial cancellation of the reservation or his/her failure to check in for his/her booked stay.
By confirming his/her booking request and accepting these GTC, the Client agrees and acknowledges that in the event of the Client withdrawing from the contract and cancelling the reservation, whether wholly or in part, or failing to check in for his/her booked stay, the Hotel Operator may unilaterally set off the Client’s claim for a refund of the stay price paid by the Client during the online reservation against the Hotel Operator’s claim for a cancellation fee in such amount as set forth herein, such set-off being effected in the amount in which those claims mutually overlap; the amount in excess of such mutual set-off shall be paid by the Hotel Operator to the Client by wire transfer to his/her bank account, from which the stay price was paid during the online reservation or, if such bank account in unknown to the Hotel Operator, to such bank account as notified to the Hotel Operator by the Client when cancelling the reservation, within 30 business days following the date on which the Client withdrew from the contract and cancelled the reservation, whether wholly or in part, or failed to check in for his/her booked stay. The bank charges associated with a refund of the stay price to the Client shall be borne by the Client.
Special Provisions
In case the Client has special requirements (a cot, late check-in or late check-out) or wishes to book additional services, the Client may contact the reception desk of the Hotel Operator by phone on the numbers: +421 908 383 255, +421 432 388 682, e-mail: hotel@skizabava.sk
The Hotel Operator may grant the following stay price discounts for children aged less than 12 years:
– 100% discount without a bed or extra bed for children aged less than 6 years (aged 0 to 5.99 years);
– 50% discount for children aged less than 12 years (aged 6 to 11.99 years).
The Hotel Operator reserves the right to change the age categories and/or the discount rates granted by it.
Personal Data Protection
By confirming the reservation, the Client acknowledges that the personal data provided by completing a booking request form during the online reservation are processed pursuant to Section 10 of Act No. 122/2013 Coll. on Personal Data Protection and on Amendments and Supplements to Certain Acts, as amended.
By confirming the reservation, the Client grants the Operator, pursuant to Act No. 122/2013 Coll. on Personal Data Protection and on Amendments and Supplements to Certain Acts, as amended, his/her express consent to the processing of the personal data provided by the Client during the online reservation (such personal data including the Client’s name, surname, e-mail address, phone number), for the purposes of direct marketing (offering the company’s services, sending commercial notices, and informing about marketing campaigns by email or through SMS). The Client particularly agrees that the Hotel Operator, either itself or through an authorised processor, will record, store, gather, organise, search for, consult, exploit, combine, or use for the purposes set forth in this paragraph, his/her personal data in both written and electronic form.
The Client acknowledges that the Hotel Operator will process the personal data provided by completing a booking request form during the online reservation, and store such data for as long as necessary to attain the purpose of the contract. The consent pursuant to the previous paragraph is granted for an indefinite term. The grant of consent is voluntary, and the Client may at any time withdraw such consent at the registered address of the Hotel Operator free of charge by signed written notice to the Hotel Operator. The Hotel Operator acknowledges that the responsibility for the accuracy and completeness of the data provided lies with the person who has provided such data.
Final Provisions
These GTC and the legal relationships hereby established shall be governed by Slovak law.
Should any of the provisions of these GTC be or become invalid, ineffective or unenforceable, such invalidity, ineffectiveness or unenforceablility shall not affect the validity and effectiveness of the other provisions of the GTC.
These GTC shall come into force and effect as of October 1, 2016.
Hotel Kristína operator:
MIRO TOURS s.r.o.
Sídlo: Florinova 928/9, 029 01 Námestovo
IČO: 31595332
DIČ: 2020427123
IČ DPH: SK2020427123
incorporated into the Trades Register kept by the Court of the Žilina District Office, part Sro, 1509/L
Bank details: Slovenská sporiteľňa a.s.
IBAN: SK91 0900 0000 0003 2004 9380
e-mail: hotel@skizabava.sk
tel.: +421 908 383 255, +421 432 388 682