General Business Terms and Conditions
These General Business Terms and Conditions (the “GBTC“) apply to the procedure for concluding an Accommodation Contract and regulate the general rights and obligations between the accommodated person (the “Client“) and the operator of the various Amenity Resorts, i.e., Amenity Resorts s.r.o., ID No.: 276 50 626, a company with its registered office at Ratajova 1113/8, 148 00 Prague 4 – Kunratice, registered in the Commercial Register kept by the Municipal Court in Prague under Section C, Insert 121600 (the “Accommodation Provider”). The contractual relationship between the Accommodation Provider and the Client is governed hereby, by the relevant Accommodation Contract concluded between the Accommodation Provider and the Client and, in matters not expressly addressed herein, by the relevant provisions of the Civil Code and other pertinent legal regulations. Provisions deviating herefrom can be agreed in a separately concluded contract. Such deviating provisions in a separately concluded contract take precedence over the provisions hereof. The various arrangements contained in the Accommodation Contract take precedence over the provisions hereof. The Accommodation Provider reserves the right to state in its offers other terms and conditions that take precedence over these GBTC. These GBTC may be unliterally amended – fully and without limitations – by the Accommodation Provider in electronic form. This provision is without prejudice to the rights and obligations arising while the previous version of the GBTC is valid and effective. Should the GBTC be amended, the new version will be placed on the Accommodation Provider’s website www.amenity.cz and immediately sent to the Client with whom the Booking process underway. The amendment of these GBTC shall take effect at the moment of its publication or delivery to the Client. Should the Client not be in agreement with the published amendment, the Client shall notify the Accommodation Provider of this fact in writing no later than two days after the delivery of the amended GBTC.
Procedure for Booking and Concluding an Accommodation Contract
2.1 The Accommodation Provider offers accommodation and other related services (the “Accommodation”) to interested parties through its website www.amenity.cz and through approved agents (the “Offer”). The Offer is binding under the conditions and for the period specified therein, with the Accommodation Provider reserving the right to unilaterally change or specify the conditions of the respective Offer. For the purposes of concluding an Accommodation Contract, the decisive status of the Offer is the moment when the Client books the Accommodation through the Accommodation Provider’s booking system.
2.2 Booking of Accommodation
Accommodation is booked via an electronic booking form found on the Accommodation Provider‘s website www.amenity.cz or in some other way agreed individually with the Accommodation Provider. The booking system offers several options for booking the Accommodation, and these differ according to the time of booking the Accommodation, method of payment, price of the Accommodation and payment and cancellation conditions. These options are: (a) Advance Payment, (b) Non-Refundable Booking, (c) Early Booking, and (d) Deposit Payment (see Article III hereof).
The Client enters his basic Accommodation requirements on the Accommodation Provider’s website www.amenity.cz (arrival date, departure date, number of people and their status), accesses the Accommodation Provider’s booking system by clicking on the “Book” field, and then selects the booking method for the required type of Accommodation. Next, he fills in the information in the booking form completely and truthfully (including ID number and VAT number and a request for the issuance of a tax document, if this is required by the Client, in the comment field of the form), and then checks the appropriate box confirming that he has read and agrees with these GBTC and the Principles of Personal Data Processing (which are available to the Client by clicking on the hyperlink in the name). The same applies to the possible dispatch of commercial messages to the Client by electronic means in accordance with Act No. 480/2004 Coll. and the processing of personal data for these purposes (the “Booking”). The Client is sufficiently informed of the existence of the GBTC and the Principles of Personal Data Processing and their wording before the actual execution of the Booking and has the opportunity to become familiarised with them. The Client will not be allowed to complete the Booking without expressing his consent to the GBTC and the Principles of Personal Data Processing. The GBTC and the Principles of Personal Data Processing form an integral part of the contract.
Before sending the Booking, the Client has the opportunity to check the accuracy and completeness of the data in the Booking form. The information stated in the sent Booking are considered correct and binding, with it not being possible to make any additional changes after the Booking is sent via the booking form. Should the Client need to make any changes, he must contact the reception of the relevant resort where the Accommodation is to be provided. The Client shall send the Booking by clicking on the field “Confirm Booking”.
By sending the Booking to the Accommodation Provider, the Client confirms that he has fully familiarised himself with these GBTC, agrees with them and acknowledges them as conditions and an integral part of the Accommodation Contract.
By sending the Booking, the Client expresses a binding interest in concluding an Accommodation Contract.
After sending the Booking, the Client – in the case of the Advance Payment, Non-Refundable Booking (except for payment by cryptocurrency) and Early Booking options – is redirected to the payment gateway (see Article III hereof) and through it pays the price of the Accommodation, with the Client following the instructions appearing on the web interface when executing payment. In the case of the Deposit Payment and Non-Refundable Booking/payment by cryptocurrency options, the Client will, immediately after sending the Booking, receive on the e-mail address he specified in the Booking a message from the Accommodation Provider containing payment instructions. Upon payment being executed successfully, the Client will always receive a confirmation of the Booking containing a summary of the Booking and confirmation of the payment.
2.3 Conclusion of an Accommodation Contract
An Accommodation Contract concluded between the Client and the Accommodation Provider, the subject of which is the provision of accommodation according to the Booking and/or by way of an agreement with the Accommodation Provider when arranging Accommodation on the Arrival Date at the reception of the resort where the client requires Accommodation (the “Conclusion of an Accommodation Contract at the Resort Reception”), shall be concluded in accordance with the laws of the Czech Republic, particularly with Act No. 89/2012 Coll., the Civil Code, as amended (the “Accommodation Contract”). If the Client is a natural person who acts outside the scope of his business or profession, the Accommodation Contract, in matters not regulated hereby, shall also be governed by Act No. 634/1992 Coll., on Consumer Protection, as amended. The Accommodation Contract and these GBTC shall be drawn up in Czech. The Purchase Agreement may be concluded only in Czech unless the Client and the Accommodation Provider agree otherwise. In such a case, in the event of discrepancy between the two language versions of the Accommodation Contract, the Czech version shall prevail. The concluded Accommodation Contract shall be archived in electronic form at the Accommodation Provider, who will allow the Client access to it.
The Client agrees to the use of distance communication means to conclude the Accommodation Contract. The costs incurred by the Client by using distance communication means to conclude the Accommodation Contract do not differ from the basic rate charge by the provider of means of distance communication and shall be borne exclusively by the Client. The costs associated with the payment of the price of the Accommodation shall be borne by the Seller with the possible exception of the special means of payment selected by the Client.
The Client shall pay the Accommodation Provider the price of the Accommodation specified in the Booking in the manner and under the payment conditions specified herein (see this point 2.3.1 and Article VI hereof). By concluding an Accommodation Contract between the Client and the Accommodation Provider, the Accommodation Provider undertakes to provide the Client with Accommodation in the scope and under the conditions specified in the Booking and these GBTC.
At the moment of payment of the total price of Accommodation and/or the deposit for the price of Accommodation according to the Booking, an Accommodation Contract, of which these GBTC are a part, shall be concluded between the Client and the Accommodation Provider for the accommodation and services specified in the Booking sent by the Client or agreed upon at the time of Conclusion of an Accommodation Contract at the Resort Reception.
2.4 If there are errors in writing or counting (especially an obviously unreasonable price of accommodation and/or services) or other errors or discrepancies in the Offer, Booking and/or Booking Confirmation, the Accommodation Provider reserves the right to correct these errors or discrepancies itself or on the basis of a written request from the Client.
3.1 The payment terms and due date of the price of the Accommodation vary depending on selected Booking option, with each option differing by the period from the date when the Accommodation is booked to the date the Accommodation begins to be utilised by the Client (“Arrival Date”), payment method, price of the Accommodation, and payment and cancellation conditions.
whereas the first part of the payment shall be made by cashless means, specifically by online payment card through the Accommodation Provider’s booking system in accordance with Article II.2.2. hereof. The second part of the payment is being made by bank transfer to the Accommodation Provider’s account specified in the Accommodation Provider’s payment instructions delivered latest 14 days prior the Arrival Date.
3.2 Payment through the Accommodation Provider’s contractual partner’s payment gateway shall be made as part of the Accommodation booking process in the Accommodation Provider’s booking system, with only MasterCard, Maestro, VISA, VISA Electron cards being accepted for this method of payment; in case of cryptocurrency payment, only Bitcoin and/or LiteCoin will be accepted.
3.3 The price of the Accommodation shall be considered paid upon the relevant amount being credited to the Accommodation Provider’s bank account by the specified due date.
4.1 The price of the Accommodation shall mean the price stated in the Booking and/or in Offer for accommodation and services (i.e., the price of accommodation in the respective premises for the agreed number of persons, meals, additional services, wellness services, accommodation of a pet, etc., including taxes and any applicable discounts). In the case of Conclusion of the Accommodation Contract at the Resort Reception, the price shall be the price of such accommodation and services valid on the Arrival Date. Tourist taxes are not included in the price of the Accommodation and shall be paid on the day of arrival at the resort reception. Tourist taxes must be paid by every adult aged 18 and up, and their amount depends on the place of stay and the number of booked nights and can vary from place to place based on local ordinances.
4.2 The Accommodation Provider may not unilaterally increase the price of the Accommodation while the Booking is valid, except in the following cases:
4.3 The Client shall be entitled to a discount on the price of the Accommodation if he informs the Accommodation Provider no later than when sending the Booking or, in the case of the Conclusion of an Accommodation Contract at the Resort Reception, on the Arrival Date of all facts decisive for the application of the discount according to the Accommodation Provider’s conditions specified in the Accommodation Provider’s Offer. After concluding the Accommodation Contract, the Client shall not be entitled to any other and/or further discounts, unless stated otherwise in Article VIII.8.1. hereof.
4.4 The prices of the Accommodation are stipulated in the legal currency of the Czech Republic (Kč, CZK) and shall be paid in the legal currency of the Czech Republic (Kč, CZK), in EUR or, in the case of a Non-refundable booking, in cryptocurrency. For converting the Accommodation price to EUR, the valid daily EUR exchange rate promulgated by the CNB on the day of the Booking or, in the case of Conclusion of an Accommodation Contract at the Resort Reception, on the Arrival Date shall apply. For converting the price of the Accommodation to cryptocurrency, the effective rate set by Coinbase at the time of the transaction shall apply .
5.1 Should circumstances arise that prevent the Accommodation Provider from providing the Client with Accommodation according to the Booking and the situation allows the Accommodation Provider to provide the Client with other accommodation and/or an alternative service in the term, scope and quality identical or at least close to that originally booked or to provide the same Accommodation in an alternative term, the Accommodation Provider shall be entitled and obliged to make the appropriate changes. In such case, the Accommodation Provider shall inform the Client without undue delay about the conditions of such change and propose this change to the Client. The Client shall be entitled to withdraw from the Accommodation Contract should he not agree with any change announced in this way. The Accommodation Provider shall then be obliged without undue delay after the Client withdraws from the Accommodation Contract to return to the Client all payments that the Client made connection with the Accommodation Contract. The provisions of these GBTC on the cancellation fee shall not apply to payments returned pursuant to this paragraph.
If the Client does not withdraw from the Accommodation Contract within 5 days of the delivery of the notification of such a change, it shall be deemed that he agrees with such a change.
5.2 Should it not be possible to provide the Client with an ordered and paid service in the scope and quality agreed, the Accommodation Provider shall refund to the Client any payment he made for such service. However, if the Accommodation Provider provides the Client with a substitute service of the same or higher scope and/or quality and the Client agrees to it, such substitute service shall be considered to be the provision of the originally agreed service, and the Client shall have no further claims against the Accommodation Provider for the reason that the originally ordered and paid service was not provided.
5.3 Should the Client be provided with Accommodation that is of higher quality or greater in scope than specified in the Booking, the Client shall only be charged the price of the Accommodation specified in the Booking.
5.4 The Accommodation Provider shall not be responsible for changes caused by force majeure, the decisions of public authorities, or the occurrence of extraordinary circumstances or events that the Accommodation Provider could not have foreseen or prevented even if it expended all reasonably efforts.
Cancellation or Failure to Use the Booking; Cancellation Fee
6.1. Termination and withdrawal from the Accommodation Contract
6.2 The Client shall be obliged to pay the Accommodation Provider a cancellation fee in those cases specified in Article VI.6.1.a and b, except in those cases where the Client, by withdrawing from the Accommodation Agreement, exercises his right granted to him by law under certain conditions to withdraw from the Accommodation Contract, or he withdraws from the Accommodation Contract due to a material breach of the Accommodation Provider’s obligations.
6.3 The amount of the cancellation fee has been agreed depending on the Accommodation booking option selected and the time remaining from the date of delivery of proper notice and/or withdrawal from the Accommodation Contract that the cancellation fee is linked to according to paragraph 6.2 above or from the date of cancellation of the Booking according to paragraph 6.1. b to the Arrival Date. The amount of the cancellation fee shall be calculated as a percentage of the Accommodation price. In the event of such termination, withdrawal from the Accommodation Contract made by:
Advance Payment and Deposit Payment
Early Booking and Non-Refundable Booking
Should the Booking be cancelled for the reasons set out in paragraph 6.1.b., the cancellation fee shall in the case of an Advance Payment be 40% of the price of the Accommodation.
6.4 Termination and withdrawal from the Accommodation Contract must be in writing and must be delivered to the other party. The Accommodation Contract shall be terminated on the day when the written notice or withdrawal is delivered to the other party.
6.5 When determining the number of days remaining until the Arrival Date for the purposes of calculating the cancellation fee, the day when the written notice or withdrawal was delivered to the other party or the Booking was cancelled shall be included, but the Arrival Date shall not.
6.6 Should the Client not show up on the Arrival Date and/or exhaust the agreed number of days of accommodation and/or agreed services at no fault of the Accommodation Provider, the Client shall not be entitled to receive from the Accommodation Provide any financial and/or other compensation and/or provision of alternative accommodation or services, and the Accommodation Provider shall be entitled to 100% of the price of the Accommodation.
6.7 Should the Client fail to arrive and the Accommodation Provider has received no message from the Client, the Booking shall be deemed cancelled as of 10:00 a.m. on the day following the Arrival Date. The Client thus loses the right to the Accommodation according to the Booking with the consequences specified under paragraph 6.6 hereof, and the Accommodation Provider shall be entitled to provide Accommodation to another party interested in accommodation.
6.8 After effective termination and/or withdrawal from the Accommodation Contract or cancellation of the Booking according to paragraph 6.1.b hereof, the Accommodation Provider shall be obliged to return to the Client all payments received from him after deducting the cancellation fee and any other payments under the Accommodation Contract, provided, however, the total payment made by the Client in accordance herewith has not been exhausted, within fourteen (14 ) days of the delivery of such termination, withdrawal or cancellation. Should the payment received from the Client not be sufficient to cover the cancellation fee or other services under the Accommodation Contract, the Client shall be obliged without undue delay after the effective termination of the Accommodation Contract to transfer the amount due to the Accommodation Provider’s bank account.
6.9 Withdrawal from or termination of the Accommodation Contract shall be without prejudice to the Accommodation Provider’s right to be paid the price of Accommodation or cancellation fee, to the parties’ entitlement to compensation for damages arising from a breach of contract, or to any arrangements that, due to their nature, should be binding on the parties even after the termination of the Accommodation Contract.
Client’s Rights and Obligations
7.1 The Client’s basic rights are primarily as follows:
7.2 The Client’s basic obligations are primarily as following:
7.3 The accommodation and other operating rules of the various resorts provide more details on rights and obligations. These documents are freely available to clients at the various resorts.
Complaints and Information about Alternative Dispute Resolution
8.1 The Client shall be entitled to complain to the Accommodation Provider about the quality of the provided accommodation and/or services if the quality or scope thereof or other conditions do not correspond to the scope, quality and conditions specified in the Accommodation Contract. The Accommodation Provider shall investigate the complaint without undue delay and, if the complaint proves justified, arrange for the defective condition to be rectified or provide the Client with a discount. The Client shall be obliged to take his complaint to the Accommodation Provider without undue delay after finding out about the shortcoming. Later complaints will not be taken into account.
8.2 Information about alternative dispute resolution – According to Section 20e (d) of Act No. 634/1992 Coll., on Consumer Protection, as amended, the entity responsible for alternative dispute resolution (ADR) in case of a dispute between the operator and the client arising from the provision of accommodation and related services (consumer disputes) is the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No. 00020869, Internet address: http: //www.coi.cz/ or another entity authorised by the Ministry of Industry and Trade.
9.1 Accommodation of the Client by the Accommodation Provider is possible at the earliest as of 4:00 p.m. on the day specified in the Booking as the first day of accommodation. The Client shall be obliged to hand over the vacated premises on the last day of accommodation specified in the Accommodation Contract no later than by 10:00 am. Should the Client be in delay in handing over the vacated premises, the Accommodation Provider shall be entitled to charge the Client CZK 500 (in words: five hundred Czech crowns) for each commenced hour of delay in handing over the vacated premises.
9.2 If the Accommodation Provider has reasonable suspicion that the Client is using the premises in breach of the terms of the Accommodation Contract or in breach of the Accommodation Provider’s accommodation or other operating rules or in violation of public order, the Accommodation Provider shall be entitled to enter the premises and inspect the use thereof.
9.3 The Accommodation Provider shall not be liable for damages caused to the functionality of the Client’s electrical or electronic equipment or for any errors or incorrect information about events or services provided by other parties.
9.4 A client who wishes to be accommodated before 6:00 a.m. (six o’clock in the morning) shall pay the rate for the entire previous night.
9.5 No parking areas at the various Amenity Resorts, including garages, are guarded, and the Accommodation Provider does not provide any supervision over the clients’ parked vehicles and/or their parts or accessories.
9.6 By checking the box “I agree to receiving commercial communications by electronic means pursuant to Act No. 480/2004 Coll. and to the processing of my personal data for these purposes” in the Accommodation Provider’s booking form on the website www.amenity.cz (the “Booking Form”) and sending it (or, if the Accommodation Contract is not concluded through the Accommodation Provider’s booking system located on www.amenity.cz, in some other way that demonstrably expresses his will), the Client:
(i) confirms that all personal data stated in the Booking Form (or, if the Accommodation Contract is not concluded through the Accommodation Provider’s booking system, in some other way that demonstrably expresses his will and contains the required information) are true and correct, that he has been informed of his rights related to controlling and processing his personal data, particularly that he has the rights specified in Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (the “GDPR”) – to withdraw consent at any time; to request from the Accommodation Provider, as the data controller, information on what personal data is being processed; to request a copy of such data; to request from the Accommodation Provider access to such data and have such data updated or corrected or their processing restricted; to demand that the Accommodation Provider delete such personal data; to the portability of the data; to file a complaint to the Office for Personal Data Protection or go to court – i.e., he has familiarise himself with the content of the Principles of Personal Data Processing and Commercial Communications, which are available on the website www.amenity.cz and in the Booking Form, and
( ii ) gives his consent based on the above instruction:
9.8 By checking the box “I agree with the General Business Terms and Conditions” in the Booking Form and sending it (or, if the Accommodation Contract is not concluded through the Accommodation Provider’s booking system, in some other way that demonstrably expresses his consent to the GBTC), the Client confirms that he has read the content of the Principles of Personal Data Processing and Commercial Communications, which are available on the website www.amenity.cz, and has therefore been informed in accordance with the GDPR about his rights related to the controlling and processing of his personal data.
10.1 In accordance with Section 1751 et seq. of the Civil Code, these GBTC regulate the procedure for concluding the Accommodation Contract between the Client and the Accommodation Provider and form an integral part of such Accommodation Contract.
10.2 If these GBTC require a transaction to be in writing, the transaction shall be considered to be so if it is in the form of a letter, fax or e-mail.
10.3 If any provision hereof is found to be invalid, it is fully severable from the other provisions hereof and such invalidity will have no effect on the validity and enforceability of any other provisions hereof.
10.4 In other matters not regulated hereby, the Client and the Accommodation Provider undertake to observe the laws Czech Republic, good morals and customs in the area of provision of accommodation services and to resolve any disputes amicably.
10.5 These GBTC take effect on 22nd July 2021.