TOS (terms of service)

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For providing spa / hotel services LV

 

I. INTRODUCTORY PROVISIONS

1. Unless otherwise stated below, the terms and abbreviations used in these Terms of Service have the following meanings:

OPERATOR – Horské lázně Karlova Studánka, state enterprise, ID number: 14450216, with its registered office Karlova Studánka 6, postal code 793 24, entered in the Commercial Register kept by the Regional Court in Ostrava, section AXIV, insert 481 (hereinafter also referred to as " operator "or" spa "or" hotel LV ")

SPA - operator with operation of Horské lázně Karlova Studánka in Karlova Studánka

HOTEL LV - operator with operation Lorkova vila in Čeladná

CLIENT – an individual or legal entity who orders the services of a spa / hotel LV, regardless of whether it is also a participant in the stay or not

MASS EVENT - a social event involving a group of clients with 10 or more people (especially family celebrations, weddings, sports camps, teambuilding events, training, outdoor schools, workshops, etc.), which will not be regulated by a separate contract

OFFER OF SERVICES - offer of services provided by the LV spa / hotel published on the website

CHECK-IN - the start of providing services according to the concluded contract

BUSINESS CONDITIONS - defined business conditions

ORDER - a binding proposal of the client for the conclusion of the contract made by the client in the form and with the requisites specified in these business conditions

SERVICES - accommodation, catering, cure, wellness, or other services provided by the spa / hotel LV, listed in the offer of services

CONTRACT - a contract for the provision of services between the client and the LV spa / hotel concluded in accordance with the procedure specified in these business conditions

CONTRACTING PARTY - the contracting party to the contract, ie the client on the one hand and the spa / hotel LV on the other

CONSUMER - a person acting outside the scope of his business activity or outside the scope of independent performance of his profession

RESIDENCE PARTICIPANT - a person who is a user of LV spa / hotel services according to the contract

WEBSITE - official web presentation of the LV spa / hotel available at www.horskelazne.cz containing, among other things, the offer of LV spa / hotel services and service prices

2. These business conditions contain a binding regulation of the rights and obligations of the contracting parties arising from the contracts for the provision of services listed in the offer of services published on the website of the spa / hotel LV, concluded between the spa / hotel LV as a service provider on the one hand and the client as a customer on the other hand.

3. Different agreements in the order confirmation take precedence over these business conditions.

4. For the avoidance of doubt, it is determined that the contract under these OP is concluded between the client and the operator and the obligation to perform arises on the part of the operator and where in these OPs the spa / hotel LV means the operator, which is only differentiated according to place of supply of services.

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II. CONCLUSION OF THE CONTRACT

1. SERVICE SELECTION

The client chooses the required services from the offer of services listed, among other things, on the spa / hotel LV website (this offer defines the range of services provided by the spa / hotel LV, but is not a proposal to conclude a contract and the operator reserves the right to change or supplement the service offer at any time).

2. ONLINE RESERVATION

(valid only for spa / hotel LV selected services / stays and for selected accommodation capacities of spa / hotel LV)

The client makes the order by filling in the online order form ("online reservation") on the website of the spa / hotel LV, in which he fills all the required data in. The client sends the online reservation by confirming the "Finish" option, which also confirms that he has read these terms and conditions and agrees that these terms and conditions govern the legal relationship between the client and the operator.

 

After processing the order, the spa / hotel LV will send an order confirmation to the clients´ email address specified by the client in his order. The order created in this way is binding for the client and establishes a contract in the sense of these business conditions.

3. OTHER CASES OF RESIDENCE AND SERVICES

in other cases, the client makes his order in one of the following ways:

• by e-mail, using the form (order sheet) listed on the website of the spa / hotel LV, which the client sends to the address lazne@horskelazne.cz / recepce@lorkovavila.cz, or
• in writing, using the order form (order sheet) listed on the website of the spa / hotel LV, which the client will print out and deliver to the signed address of the spa / hotel LV, or
• in person at the spa / hotel LV.

4. The client's order must always contain at least the following information:

(i) for individuals:

• name and surname of the client;
• the client's permanent address;

(ii) for legal entities:

• the name of the business company;
• ID number, VAT number;
• entry in the Commercial Register, if any;

and further for all clients:

• client's e-mail address and telephone number;

• name of stay according to the offer of the spa / hotel LV individually ordered services range of accommodation, catering and medical services, type of food;

  required date;

• data on participants in the stay, ie name, surname, date of birth, address;

• a statement that the client confirms that he has read the business conditions of the operator published on the website www.horskelazne.cz/obchodni-podminky

  and www.lorkovavila.cz/obchodni-podminky expresses its consent for these business conditions to govern the legal relationship between the client and the operator;

• order execution date.

5. Spa / hotel LV recommends to all clients a telephone pre-negotiation of the possibility of providing services in the required time and scope. The conclusion of a contract by telephone is excluded.

6. If the client's order does not contain all the above data, the spa / hotel LV will notify the client of this fact and inform the client how to specify or supplement its order.

7. In case that the provision of services within the term or scope specified in the order is not possible, the spa / hotel LV will notify the client and at the same time inform the client of other solutions to his request corresponding to the possibilities of the spa / hotel LV in order to adjust the client's order accordingly; the proposal for another solution to the requirement is based on the current possibilities of the spa / hotel LV, so it has limited validity.

8. If the spa / hotel LV is able to comply with the client's order, it will confirm the order.

 

9. CONCLUSION OF THE CONTRACT

The contract between the client and the operator is concluded (in all cases of services orders) only when the spa / hotel LV confirms the client's order (ie by sending an order confirmation).

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III. PROVISION OF SERVICES

1. The agreed services are provided to the client:

• PLACE:

a) the village Karlova Studánka, a medical facility operated by the operator; in case of sports and leisure activities which are part of the agreed services, these specific services are further provided at places designated by the spa;

b) the village Čeladná, the premises of the hotel LV; wellness, sports and leisure activities, which are part of the agreed services, these specific services are provided at places designated by the hotel LV;

• DATE: on the date specified by the spa / hotel LV in the order confirmation.

• SCOPE AND METHOD: follows the description of services given in the offer of services valid on the day of making the order and can be further specified by the spa / hotel LV in the order confirmation.

  2. In the case of the provision of medical services in the spa to the participant of the stay, the scope and provision are governed by the decision of the doctor of the spa / hotel LV after the assessment of the health condition of the participant.

  3. Unless otherwise stated in the description of the service or in the order confirmation, catering is provided as follows:

  • for full board: 3 meals a day (breakfast, lunch and dinner), the first meal is lunch on the first day of service and the last meal is breakfast on the last day of service.

  • for half board: 2 meals a day (breakfast, dinner), the first meal is dinner on the first day of service and the last meal is breakfast on the last day of service.

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IV. PRICE

1. The Client is obliged to pay the spa / hotel LV the price stated in the offer sheets / price lists of services located on the spa / hotel LV website effective on the day of sending the order, unless otherwise agreed by the individual contract. The current price list of LV spa / hotel services is also available to clients in the client service department or at the spa / hotel LV reception.

2. All prices listed in the price list of services include value added tax in the amount stipulated by valid legal regulations of the Czech Republic. Prices do not include the local tax of the stay, which is collected by the spa / hotel LV and which is paid to the village of Karlova Studánka / Čeladná and a possible parking fee.

 

3. In the case of mass events, the price is calculated according to the client's request.

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V. TERMS OF PAYMENT

A. INDIVIDUALS

1. The client pays the price of the services in advance on the basis of the invoice / advance payment card issued by the spa / hotel LV and at the due date stated in the invoice / advance payment card. If the price of the services is not paid within the period specified in the invoice / advance payment card, the spa / hotel LV is entitled to cancel the client's order.

2. The price of the spa / hotel LV services ordered on the spot is paid by the client in the spa / hotel LV no later than on the last day of the provision of services according to the contract.

3. To pay the price of services, the client can choose any of the following methods of payment:

• bank transfer in favor of the bank account of the spa / hotel LV: Komerční banka, a.s., account no .: 9909771/0100, IBAN: CZ1701000000000009909771, BIC / SWIFT-Code: KOMBCZPPXXX

• payment card in the  spa / hotel LV via the payment terminal, whereby the following payment cards are accepted by the spa / hotel LV: VISA, VISA Electron, MasterCard, Maestro;

• cash payment at the spa / hotel LV;

• in the case of a spa also by a voucher / benefit card - payments are governed by the rules in Article VI. of these TOS.

4. Any payment of the client is considered made (cash debt is paid) at the moment of crediting the corresponding amount to the bank account of the spa / hotel LV or at the moment of payment in cash.

B. MASS EVENTS

1. In the case of mass events, a responsible contact person shall always be appointed who acts on behalf of the whole group of clients and is also responsible for the accounts and organization of the group.

2. For the proper performance of services, the client undertakes to pay the total price for all actually used services of the spa / hotel LV, by:

• The client pays on the basis of his spa / hotel LV accepted orders - contracts - a deposit of 70% of the price contained in the offer of services. The deposit will be transferred to the spa / hotel LV account on the basis of the issued proforma invoice.
• The responsible person of the client will pay a surcharge of 70% of the price contained in the offer of services + any other services actually taken over by the  spa / hotel LV on the basis of the final bill on the last day on which the services were provided.

 

3. Delay in payment of the advance invoice is considered a material breach of contractual obligations and the operator has the right to withdraw from the contract. If he does not exercise this right, the operator is entitled to charge the client a contractual penalty of 0.5% of the invoiced amount of the deposit per day, with which the client agrees and undertakes to pay the agreed contractual penalty whenever it is billed.

C. COMMON PROVISIONS 

Spa / Hotel LV will provide services in accordance with applicable regulations and in accordance with the prices stated in the order. Other services provided in addition to this order, unless otherwise agreed, clients pay according to the agreed method either ad hoc for each service separately when using it, or in summary at the end of the stay, in the case of group events together with the price supplement. Unless the participants agree otherwise, the drinks consumed will be charged including applicable VAT and according to actual consumption.

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VI. BENEFIT VOUCHERS / CARDS - SPA

1. Benefit vouchers / cards can be used to pay the price of spa services. The following benefit vouchers are accepted by the spa: Ticket Benefits (Medica, Holiday, Sport a kultura, Multi), Cadhoc, Unišek +, Šek dovolená; and Sodexo benefit cards.

2. The benefit voucher / card can be used to pay the price of spa services up to the nominal value of the benefit voucher / card. If the price of the services ordered by the client exceeds the nominal value of the voucher / card, the client is obliged to pay the difference in some other way specified in Article V of these TOS.

 

3. The nominal value of the voucher / card cannot be used to settle the cancellation fee or to pay the local residence fee and parking fee.

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VII. RIGHTS AND OBLIGATIONS

1. The client derives from the concluded contract:

• the right to be truthfully and completely informed about the services provided, the right to provide the service to the agreed extent and quality.
• the obligation to
• (i) pay the price of the services to the spa / hotel LV on time and in full;
• (ii) to get acquainted with the rules of conduct in the spa / hotel LV (contained in the internal rules and accommodation rules, which are published in the individual spa houses / hotel LV, or at the reception of the spa / hotel LV);
• (iii) ensure that all participants in the stay are thoroughly acquainted with these documents, including these TOS, and that all participants comply with the rules set out therein;
• (iv) ensure that all participants use the services of the spa / hotel LV properly so that there is no damage to the health or property of others or to the property of the spa / hotel LV.

2. The spa / hotel LV arises from a concluded contract:

• he right to pay the price of services and the proper use of services by the participants and the right to cancel the client's order if the price of the ordered services is not paid on the due date stated in the issued invoice and under the conditions of Art. B paragraph 3 of these TOS, 
• the obligation to provide the client with complete and truthful information about the services provided, to provide the client with services within the agreed time, scope and quality.

3. The client is obliged to take care of his belongings. If the client has any valuable property with him during his stay, especially electronics, jewelry or other valuables, it is most appropriate to use the safe to store these items according to the instructions of the spa / hotel LV or carry these items with him, if possible.

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VIII. CANCELLATION POLICY

1. The client is entitled to cancel the order, ie withdraw from the concluded contract (hereinafter also "cancel the order") by sending a notice of cancellation to the spa address, and is always obliged to pay a cancellation fee, ie severance pay (hereinafter also "cancellation fee"), the amount of which is determined by these TOS. Notification of order cancellation must be made in writing or by e-mail sent to the address lazne@horskelazne.cz and is effective upon delivery to the spa.

2. The order is considered canceled even if the client does not send the spa a notice of cancellation of the order in the manner described above, but does not start the stay within the agreed period (so-called "no-show"); also in such case, the client is obliged to pay a cancellation fee to the spa. In the case of no-show, the spa can offer blocked service capacities to other persons from the 3rd day after the agreed start of the client's stay, who did not start the stay.

3. The amount of the cancellation fee that the client is obliged to pay to the spa, determined with regard to the amount of damage incurred by the spa as a result of cancellation of the order (costs incurred in vain, lost profits, etc.), is as follows:

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4. In serious and justified cases of cancellation of accommodation of individuals (eg sudden illness or injury, natural disaster, death of the participant of services provided or a person close to him), which the client is obliged to prove to the spa / hotel LV, the spa / hotel LV may be entitled give up the rights of the cancellation fee, whether in part or in full.

5. In case of order cancellation, including cases of no-show without written (email) cancellation, the spa / hotel LV will return the price of the services paid reduced by the price of the cancellation fee to the client within thirty (30) days of effective cancellation, according to the these TOS. In cases where the price, in violation of these TOS, was not paid before the cancellation of the order or when the price in accordance with these TOS was not paid before the start of the stay, the client is obliged to pay the spa / hotel LV the cancellation fee within thirty (30) days after the delivery of billing cancellation fee by the spa / hotel LV.

6. Transaction costs associated with the return of the remaining funds due to the cancellation of the order (especially bank fees) shall be borne by the client; spa / hotel LV is eligible to reduce the refunded part of the price of services paid by the client by the expected amount of these costs.

7. The client is entitled not to use the services according to the concluded contract in full (eg does not use some of the services due to the current state of health, etc.) and is also entitled to terminate the stay prematurely. In such case, even if he does not use any of the agreed services, the client does not have the right to reduce the price in the range of unused services of the spa / hotel LV.

8. In case of "vis major", consisting of an extraordinary, unforeseeable, unavoidable and unintentional event on the part of the spa / hotel LV, the provision of services within the given period by the spa / hotel LV may be canceled and transferred to a replacement date under the same conditions . The paid deposit will be transferred to the replacement date. Both parties will agree on an alternative date, ideally within one year. According to this paragraph, situations where a sudden accident prevents the accommodation of clients, measures taken by the government or another administrative body with a general obligation have restricted the provision of services (applicable within the scope of this restriction), etc. are also concidered as vis major.

9. In case when the provision of services will have to be terminated due to a reason on the part of the spa / hotel LV and this will not be the case in the previous paragraph 8, the spa / hotel LV is obliged to return the entire paid part of the basic price or other prepaid and unused services within seven (7) days from the termination of the provision of services.

10. In case of mass events, the eligible client is entitled to make a free reduction of the ordered number of people for meals and accommodation without charging cancellation fees by the hotel no later than fourteen (14) days before the date of service and in the amount of 10% of the confirmed number of participants.

 

IX. CONSEQUENCES OF BREACH OF OBLIGATIONS

1. In the event that the client does not pay the price of services or other monetary services to the spa / hotel LV within the agreed term, he is obliged to pay interest to the operator on arrears (i) in the case of individuals in the amount specified by Government Decree No. 351/2013 Coll., As amended. valid and effective on the first day of late payment; (ii) in the case of a mass event, 0.05% of the amount due;

2. In case that the client does not pay a deposit for the price of services, the spa / hotel LV is entitled to withdraw from the contract with effect from the date of demonstrable notification of withdrawal to the authorized client.

3. The client is obliged to compensate the spa / hotel LV for all damage caused to the spa / hotel LV, for which the participant of the stay is responsible according to generally binding legal regulations.

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X. DEFECTS, COMPLAINTS

1. The liability of the spa / hotel LV for defects in the services provided and for defects in the goods sold is governed by generally binding legal regulations, in particular Act No. 89/2012 Coll., The Civil Code and Act No. 634/1992 Coll., On Consumer Protection, all as amended and effective.

 

2. The client's rights arising from defective performance of the spa / hotel LV and the procedure for exercising the client's rights arising from the spa / hotel LV liability for defects are regulated in more detail in the spa / hotel LV Complaints Procedure.

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XI. PERSONAL DATA

Spa / hotel LV is the administrator of the personal data of the client and the participants of the stay. Information on what personal data, for what purposes and on what legal basis we process and other information is available on the website: PERSONAL INFORMATION. We ask clients to familiarize themselves with this information.

 

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XII. CONFLICT SOLVING

1. All possible disputes between the client and the spa / hotel LV arising from the concluded contract will be settled by agreement of the parties. If a possible dispute between the client and the spa / hotel LV cannot be resolved by mutual agreement, it can be submitted to the competent court.

2. The client - consumer has the right to file a proposal for out-of-court dispute resolution of the subject of out-of-court settlement of consumer disputes, which is the Czech Trade Inspection Authority, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, e-mail: adr@coi.cz, web address: http://adr.coi.cz. For contracts concluded through a website or other electronic means, the consumer can also use the online dispute resolution platform set up by the European Commission on the web. at: http://ec.europa.eu/consumers/odr/.

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XIII. FINAL PROVISIONS

1. These TOS take effect on the day of signing. These TOS fully cancel and replace all previous business conditions for the provision of services to consumers.

2. Spa / hotel LV is entitled to unilaterally change these TOS by publishing their new version on the website. The new wording of the terms and conditions governs those orders that were made after the publication of the new version of the TOS on the website.

3. The rights and obligations of the contracting parties not expressly regulated by these TOS are governed by the relevant legal regulations of the Czech Republic, in particular the provisions of Act No. 89/2012 Coll., The Civil Code. The applicable law is the law of the Czech Republic.

4. In case any provision of these TOS is in conflict with legal regulations enshrining the protection of consumer rights, then such provision of these OPs will not apply to the legal relationship between the spa / hotel LV and the client and the relevant legislation will apply.

 

Karlova Studánka, 31th June 2021

Ing. Jan Poštulka, director