Terms of the accommodation

Detailed terms and conditions of accommodation

I affirm that I know and understand the detailed terms and conditions pertaining to accommodation that form an integral part of the accommodation agreement that shall arise based on this order once it is accepted by the accommodation provider.

Article I
The order for accommodation

The client has sent an order for accommodation to the accommodation provider through the website http://www.apartmany-certovka.cz; the order includes a description of the parties, an identification of the place and the terms and conditions of accommodation, the length of stay and the cost of accommodation, as well as an annex with the detailed terms and conditions of accommodation (hereinafter the “Order”). This Order shall be deemed a proposal for an accommodation agreement that is made by the client – the elements of the accommodation agreement are specified by the Order and by the detailed terms and conditions of accommodation that shall also become an integral part of the accommodation agreement. The client declares that, before submitting the Order, they had fully acquainted themselves with the description of the suite they have ordered, which is available at http://www.apartmany-certovka.cz, they fully understand and accept this description and they have ordered accommodation in the suite under the terms and conditions specified on the website.

If the accommodation provider, i.e. Flexi Rent s.r.o., with registered offices at Praha 9, Horní Počernice, Mečovská 1667/20, postal code 19300, sends an Order confirmation via e-mail to the client’s email address (as specified in the Order), then that confirmation shall serve as acceptance of the client’s proposal for an accommodation agreement by the accommodation provider. Therefore, delivery of the Order confirmation to the client means that an accommodation agreement pursuant to section 754 et seq. of the Civil Code has been concluded between the parties. The agreement’s conditions are specified within the Order and by these detailed terms and conditions of accommodation that form an integral part thereof. If the accommodation provider includes a special price discount in their Order confirmation (such as current seasonal events), the client who initiated the accommodation Order shall be deemed to have accepted the new price and the new price shall be deemed to constitute the price for accommodation agreed upon by the parties.

Article II
Subject matter of the agreement

The subject matter of this accommodation agreement is the accommodation provider’s obligation to provide temporary accommodation to the client pursuant to the requirements specified by the client’s Order and by these detailed terms and conditions of accommodation. The accommodation provider agrees to provide services to the required extent and at the agreed-upon level of quality. The client agrees to accept the ordered services and to pay in full the price for accommodation pursuant to the Order and under the terms and conditions specified herein.

The client will be staying in a suite of its choice as indicated in the Order, which is located at Apartmány Čertovka, Harrachov 606-608, 51 246 Harrachov, according to the specifications and requirements contained in Article IV of these detailed terms and conditions of accommodation (hereinafter referred to as “Suite”), i.e. for the period and at the price specified in the Order.

Article III
Price for accommodation and payment terms

Unless otherwise stipulated in these terms and conditions, the client agrees to pay the price specified in the Order as follows:

• The client agrees to pay – by bank transfer and to the bank account specified in the Order confirmation – an amount equal to 50% of the total agreed-upon price for accommodation no later than 7 days from the date that an Order confirmation was delivered to the client by e-mail. Should the client default on this obligation for more than 3 calendar days, i.e. the specified amount is not credited to the specified account on the tenth day after the delivery of an order confirmation, then this agreement shall be cancelled in its entirety.
• At check-in, i.e. before accepting the Suite keys, the client shall pay to the accommodation provider the outstanding portion of the price for accommodation in cash, i.e. the remaining 50% of the agreed-upon price; otherwise, the accommodation provider is not required to hand over the Suite to the client and may choose not to allow the client to check in.

In the event that the accommodation confirmation has been delivered to the client 1 week or less before the date on which the accommodation is to be commenced, the client shall pay the total price for accommodation on-site in cash, before accepting the Suite keys; otherwise, accommodation provider is not required to hand over the Suite to the client and may choose not to allow the client to check in.

The agreed-upon price for the Suite as indicated in the Order represents the daily price for the entire Suite, for the specified number of persons and for the corresponding price period. Children under the age of three sleeping in a cot are free of charge.

The price for accommodation includes regular use of heat, water and electricity, unless specified otherwise in the specific Suite description. The price does not include final cleaning (see below). Recreation fees, if any, are paid by the client to authorized on-site third parties. The price for accommodation does not include additional services that are requested by the client on-site, such as extra cleaning, etc.

Article IV
The Suite

The accommodation provider has published a description of the ordered Suite (hereinafter referred to as the “Suite Description”) at http://www.apartmany-certovka.cz. The parties have agreed that if the information, the descriptions or the terms and conditions that have been published in the Suite Description differ from the provisions of these terms and conditions of accommodation, then the obligations or terms and conditions contained in the Suite Description shall prevail, i.e. as a special provision that is also an integral part of the accommodation agreement.

The Suite Description has been prepared with due care. It is based on data supplied by the owner of the Suite and it reflects the latest information that had been provided by the owner at the time the description was written. The Suite Description includes a list indicating the total number of living rooms and bedrooms, the total floor area, and maximum occupancy. The Parties agree that the accommodation provider is not responsible for information that is indicated in the Suite Description and that differs from reality. Furthermore, the parties agree that if the actual condition of the Suite differs from its published description, but the difference does not materially alter the use and enjoyment of the space, this shall not be considered a breach of agreement allowing for early termination or allowing for claims against the accommodation provider.

The Suites are furnished according to the owners’ personal taste. If the Suite is fitted with a boiler, hot water showers are limited to the capacity this equipment.

Article V
Check-in

The accommodation provider shall provide the Suite keys no later than the date accommodation services commence, provided that the client has met its obligation to fully pay the price for accommodation in accordance with these detailed terms and conditions. Before handing over the Suite, the accommodation provider shall request and register proper identity documents from all persons checking in.

If the Suite, when being handed over at the beginning of accommodation services, is not in the condition stipulated by the agreement, then the client is obligated to immediately notify the accommodation provider and to make a written record of this fact. Otherwise, the client shall be deemed to have accepted the Suite and the condition of the Suite shall be considered without fault and shall fully correspond to the condition agreed upon in the agreement, unless there is compelling evidence to the contrary. Any alleged claims by the client against the accommodation provider that may arise during the accommodation stay shall be filed by the client in writing and documented to the accommodation provider no later than the end of the accommodation period, i.e. upon handing back the Suite. Otherwise, if the Suite is handed back without a claim being made pursuant to above, it shall be deemed that no claims by the client against the accommodation provider have arisen during the accommodation period.

According to the rules, the minimum length of stay in the winter period is 7 days. The arrival and departure dates shall be identified at the time of booking; they are typically Saturday. Exceptions are possible based upon written confirmation by the accommodation provider.

Arrival and check-in time is between 14:00 and 17:00 on the relevant day. If the client wishes to arrange a different arrival time, they must inform the accommodation provider at least one day in advance and arrange a different arrival time with the accommodation provider, provided this is logistically possible. Any delays or exceptions that have not been agreed upon must be arranged in advance pursuant to the above, otherwise the Suite shall not be handed over. Upon arrival, the client will contact the accommodation provider, i.e. their on-site representative, who will hand over the Suite to the client.

Article VI
Obligations during the accommodation period

The client shall meet all obligations and observe all restrictions, if any, provided in the accommodation agreement and the detailed terms and conditions of accommodation, including, without limitation, refraining from causing damage to the Suite’s furnishings and equipment and making any changes to the Suite or common areas without the accommodation provider’s prior permission.

The client has the right to use the Suite during the agreed-upon period and in accordance with the terms and conditions specified by the accommodation agreement and by these detailed terms and conditions of accommodation.

The client may use the furnishings and equipment located in the Suite. The client shall maintain the Suite in the same condition in which it was handed over to the client, treat the Suite with due care (so as to avoid damaging it in any way) and leave all furnishings and equipment in the Suite. Should the client discover any fault in the Suite or any inconsistency with the agreed-upon condition of the Suite during the accommodation period, the client shall inform the accommodation provider thereof without due delay. Otherwise, no claims on the condition may be made against the provider. In addition, the client agrees to notify the accommodation provider without delay of any damage to the Suite or its equipment occurring during the accommodation period, even if the damage is remedied by the client.

For reasons of hygiene, no food is provided. Any food that is left in the Suite by the client will be disposed of immediately upon termination of the accommodation period. The Suite is equipped with bed linens, towels and dishcloths that are the responsibility of the accommodation provider. For accommodation stays longer than 7 days, towels and sheets shall be changed every 7^th day. The accommodation period shall include no additional services.

Information regarding pets being allowed during the accommodation period is specified in each Suite Description. Unless the presence of a pet or a certain type of pet is expressly permitted in the Suite Description, clients may not keep pets in their Suite during their stay.

The Suite may not be occupied (even temporarily) by a number of people (adults, children or babies) greater than indicated in the Suite Description. The accommodation provider is not obliged to provide accommodation to additional persons; however, if they decide to provide accommodation to additional persons, the client agrees to pay additional fees for the accommodation of such persons. This fee shall be agreed upon on-site.

Both the client and any other persons staying in the Suite shall behave in a manner that is considerate to other persons present in the building in which the Suite is located – in addition, they agree to observe the evening quiet hours from 22:00 to 06:00 the following day. All bulky sports equipment such as bicycles, skis, etc. must be left outside the Suite in the storage room. Smoking is forbidden in the Suites. Smoking is only allowed on the balcony.

The client is obliged to vacate the Suite and hand back the vacated Suite to the accommodation provider on the last day of the agreed-upon accommodation period, i.e. no later than 10:00 am. Upon handing back the Suite to the accommodation provider, the client shall also return all Suite keys that had been provided to the client. At the end of the accommodation period and before handing back the Suite, the client shall perform a basic cleaning of the Suite, including washing the dishes and kitchen appliances. All rubbish must be taken out to a bin. Basic cleaning is performed by the client independently of the cleaning performed by the accommodation provider.

Upon check-in but before the Suite is handed over, the client shall pay to the accommodation provider a deposit of CZK 2 500 or EUR 100. The client is responsible for any and all damage caused by the client and any persons to whom the client allowed access to the Suite.

In the event that the Suite had been handed over in a condition that was free of fault with regards to the Suite, its furnishings and equipment at the beginning of accommodation period and, upon handing it back at the end of the accommodation period, it is subsequently discovered that the Suite or its furnishings or equipment are damaged or that any part of the Suite or its furnishings or equipment is missing, such damage or loss is deemed to have been caused by the client and the client shall be fully responsible for it. The accommodation provider may set its claim for damages off against the client’s right to a refund of the deposit. If the damage exceeds the amount of the deposit, the client shall pay the difference without delay, at the accommodation provider’s request. If the damage is less than the deposit, the difference between the client’s deposit and the compensation for the damage will be refunded to the client. If there is no damage or loss and the deposit is not used in any other way, the deposit amount will be refunded to the client in full, i.e. after the Suite has been handed back to the accommodation provider in a good and undamaged condition.

Article VII
Withdrawal by the parties

The client may withdraw from the accommodation agreement before the end of the agreed-upon term. In this case, the parties agree that:

• If the client withdraws no less than 15 days (inclusive) before the agreed-upon beginning of the accommodation period, the accommodation provider shall refund the entire portion of the price for accommodation to the client that has been paid, i.e. to the bank account specified in the notice of withdrawal by the client; if payment is to be made abroad, CZK 450 shall be deducted from the refunded amount. This represents the flat-rate cost incurred by the accommodation provider in connection with bank transfers.
• If the client withdraws between 1 and 14 days before the beginning of the accommodation period (inclusive), then – under this agreement – the accommodation provider shall be deemed to have incurred a loss that, given the limited time available, it cannot mitigate; therefore, the client shall pay to the accommodation provider a compensation fee equal to 50% of the agreed-upon price.
• If the client withdraws from their stay before the end of the accommodation period once it has begun, then – under this agreement – the accommodation provider shall be deemed to have incurred a loss that, given the very limited time available, it cannot mitigate; therefore, the client shall pay to the accommodation provider a compensation fee equal to 100% of the agreed price.

Furthermore, the parties have agreed that:

• If the client violates, in a less severe manner, any of its obligations under the accommodation agreement and these detailed terms and conditions of accommodation, particularly Articles V and VI thereof, the client agrees to pay a contractual penalty of CZK 500 in cash to the accommodation provider for each such violation.
• If the client violates, repeatedly or severely, any of its obligations under the accommodation agreement and these detailed terms and conditions of accommodation, particularly Articles V and VI thereof, the client shall pay a contractual penalty equals to the total price for accommodation to the accommodation provider and, in addition, the accommodation provider may withdraw from this agreement subject to no further conditions. The withdrawal is effective as of the date of the delivery of the notice of withdrawal to the other party. The contractual penalty is payable on the day following the day on which the breach of obligation occurred. The accommodation provider may set its claim for a contractual penalty off against the client’s right to a refund of the deposit or the right to a refund of the price of accommodation. The provision pertaining to contractual penalties does not preclude any other legally available claims for damages.

For the purposes of the accommodation agreement, the contracting parties have agreed that the client is also obliged to ensure that the terms and conditions under the accommodation agreement are observed by all persons who check in with the client or to whom the client allowed access to the Suite, i.e. if such persons violate the agree-upon terms and conditions (e.g. the evening quiet hours etc.), the violation shall be viewed as if it were made directly by the client and therefore gives rise to the same claims by the accommodation provider against the client.

Article VIII
Final provisions

For the purposes of the accommodation agreement, the client and the accommodation provider have agreed that wherever the provisions of the agreement specify that certain actions or steps are to be made against, to or by the accommodation provider, the accommodation provider shall also be deemed to include any on-site Suite caretaker who has been chosen by the accommodation provider.

The accommodation provider represents that it shall use the Suite as a lessee under a lease agreement with the lessor – the owner of the Suite. Should the lease agreement for the Suite terminate, the accommodation agreement shall also be immediately cancelled, because the accommodation provider cannot – through no fault of its own – provide accommodation for the client. Upon cancellation of the accommodation agreement, the accommodation provider agrees to return without undue delay any portion of the price for accommodation to the client that has been paid. The client may raise no further claims against the accommodation provider.

Any amounts that are paid under this agreement shall be paid in Czech crowns, unless otherwise agreed upon by the parties.

Unless otherwise stipulated in the accommodation agreement, the parties agree that, for the purposes of delivery, all written documents will be delivered to the contracting parties’ email addresses as specified in the order, unless a different e-mail address has been subsequently provided for delivery purposes. In the event of any change to email addresses, the party whose address has changed shall notify the other party thereof without delay in a verifiable manner.

The parties to the accommodation agreement have agreed that all relationships arising from this agreement shall be governed by and construed under the laws of the Czech Republic.

The parties to this agreement have agreed that the courts of the Czech Republic shall be competent to handle any disputes arising from this agreement, namely the District Court for Prague 3 or the Municipal Court in Prague, depending on a determination that shall be made in accordance with the provisions of legal regulations on jurisdiction (see Act No 99/1963 Sb., the Code of Civil Procedure, as amended.)