TERMS AND CONDITIONS

TERMS AND CONDITIONS

of the company FORTYS MORÁVKA s.r.o., registered office Marie Steyskalové 686/38, Žabovřesky, 616 00 Brno, ID number 07574291

I. Introductory provisions

1. These terms and conditions were issued by the company FORTYS MORÁVKA s.r.o., registered office Marie Steyskalové 686/38, Žabovřesky, 616 00 Brno, ID number 07574291, registered with in the Commercial Register kept by the Regional Court in Brno no. C 108733 (hereinafter as “Accommodation provider“).
2. These terms and conditions regulate the conditions for the realisation of accommodation and related services in the resort FORTYS MORÁVKA in the village of Malá Morávka, Jeseníky, for cottages “sixteen” or cottages “twenty-four” (each of the cottages hereinafter as “Cottage“), or for room or rooms within any of the Cottages. These terms and conditions are an integral part of the accommodation contract.
3. Accommodation provider declares that he is entitled to use the Cottages, also for the purpose of business activities consisting of providing short-term accommodation to third parties in the Cottages.
4. These terms and conditions also apply mutatis mutandis to persons with whom an accommodation contract is not directly concluded, however, on the basis of this contract they are provided with accommodation services.

II. Conclusion of an accommodation contract

1. An order of accommodation in the Cottage can be created through a web interface on the website: fortysmoravka.cz or via e-mail at rezervace@fortysmoravka.cz.
2. The Customer is obliged to state correctly and truthfully all information in the order, especially his identification data (name, surname, address, e-mail and telephone contact) and to update this data in case of changes. The Customer undertakes not to allow a third party to handle his email account at the time of concluding the accommodation contract. The data provided to the Accommodation provider by the Customer is considered to be true by the Accommodation provider. In addition to the identification data in the order, the Customer will also state the required date of stay and the scope of the requested performance (Cottage “sixteen” / Cottage “twenty-four” / number of rooms).
3. The Accommodation provider confirms the receipt of the order within 24 hours, by e-mail to the contact address entered by the Customer when booking the accommodation. The confirmation will also state in what amount, where and at what time the payment must be made, or only the advance payment, for the ordered accommodation, incl. deposited security.
4. The customer acknowledges that the reservation becomes valid only at the time of payment of the advance payment or the price for accommodation, incl. deposited security according to the instructions sent in the e-mail. If these required amounts are not paid within the specified period, the Accommodation provider considers the order or reservation cancelled by the Customer.
5. After payment of the relevant amounts, the Accommodation provider will send the Customer
   an e-mail confirmation of the reservation, incl. confirmation of payment. By paying the price for accommodation, an accommodation contract is concluded in the sense of the provisions of § 2326 et seq. Act No. 89/2012 Coll., Civil Code, as amended.
6. The subject of the accommodation contract is the Accommodation provider’s obligation to provide the Customer with short-term accommodation – temporary rent – in the period specified in the order confirmation and the Customer’s obligation to pay the Accommodation provider the agreed price for accommodation and related services.
7. By booking accommodation in the Cottage via the web interface, the Customer acknowledges these terms and conditions as binding for all performance related to the accommodation contract. In the event that the order was made via e-mail, it is necessary for the Customer to unconditionally agree on the content of these terms and conditions, after that the reservation can be confirmed by the Accommodation provider in the sense of the first sentence of paragraph 3 above.
8. Any amendment or supplement to the accommodation contract is possible by mutual agreement of the parties and only in writing.

III. Price of accommodation, cancellation conditions

1. The price of accommodation in the range requested by the Customer is already stated when booking the accommodation and is further confirmed in the e-mail sent to the Customer; in the case of an order by email, this will be communicated immediately together with sending of these terms and conditions for approval. Once the price is set, it is unchanged. The Customer undertakes to pay the Accommodation provider the agreed price.
2. The payment is considered made only at the moment when it is credited to the account of the Accommodation provider specified in the e-mail sent to the Customer.
3. Cancellation of the order must be made in writing, no later than 14 days before the day of the planned start of the accommodation. In case the stay is cancelled 14-30 days before the day of arrival, the Customer will be refunded 50 % of the accommodation price, in case of cancellation 31-90 days before the day of arrival, the Customer will be refunded 70 % of the accommodation price and in case of cancellation 91 days or more before the day of arrival, the Customer will be refunded 90 % of the price of accommodation. If the order is cancelled less than 14 days before the scheduled start of the stay, or the Customer does not show up on the day of arrival, any part of the price for accommodation will not be refunded to the Customer. The paid principal will always be returned to the Customer in full.
4. The reserved accommodation capacity is held by the Accommodation provider until 8.00 pm on the day of arrival, unless a later arrival is agreed. Otherwise, the accommodation capacity is offered back to the reservation. In case of expected late arrival, the Customer is obliged to notify the Accommodation provider by 3.00 pm on the day of planned arrival, by phone or e-mail to the contact details listed on the website fortysmoravka.cz.

IV. Rights and obligations of the parties

1. The Customer has the right to use the space reserved for accommodation, as well as the common areas of the Cottage and use the services associated with accommodation.
2. The accommodation space will be handed over to the Customer in a condition suitable for proper use.
3. The Customer undertakes to use the Cottage and the surrounding areas properly and not to make any, even insignificant, changes.
4. The Customer is liable for damages caused by him and / or together with the persons accommodated with him, according to generally binding legal regulations.
5. In the event of damage, the Customer is obliged to pay compensation to the Accommodation provider, which will be primarily covered by the deposited security. However, if the amount of damage caused exceeds the deposited security, the Customer is obliged to pay the entire remaining amount within 10 days of delivery of the request for compensation so that the damage caused to the Accommodation provider is fully compensated if not performed by the Accommodation provider’s insurance company.
6. Upon entering the accommodation, the Customer will receive the keys to the room and the entrances to the Cottage. The Customer is obliged to prevent the loss, destruction, damage of these keys, as well as the disclosure of keys to third parties who are not a direct participant in the relevant part of the accommodation contract agreed between the Customer and the Accommodation provider.
7. The Customer is obliged to:
   1. get acquainted with the operating rules of the Cottage and follow them;
   2. acquaint all persons who will be accommodated in the Cottage with the operating rules of the Cottage and ensure compliance with these operating rules;
   3. pay the price for accommodation;
   4. use properly the premises intended for his accommodation, to maintain tidiness and cleanliness in all premises intended for accommodation;
   5. protect the equipment of the facility in the accommodation areas against damage;
   6. immediately report any damage caused by the Customer or persons accommodated with him on the premises of the Cottage;
   7. behave in such a way that it does not disturb other persons using the Cottage and its surroundings with excessive noise from 10:00 pm to 07:00 am;
   8. when leaving the room, close the water taps in the room, turn off the lights, turn off electrical appliances that are not used during the Customer’s absence and close the windows.
8. Without the consent of the Accommodation provider the Customer must not:
   1. make substantial changes to the accommodation (move furniture, relocate equipment, etc.);
   2. remove any equipment and facilities from the accommodation;
   3. use his own appliances in the premises intended for accommodation, except for small appliances used by the Customer for personal hygiene, routine communication and office work, and with the exception of the use of kitchen appliances in the premises designated for that purpose;
   4. place animals in the premises of the Cottage. At the request of the Accommodation provider, the owner of the animal is obliged to prove the well condition of the animal by presenting a valid vaccination card.
9. In the premises intended for accommodation, the Customer is also not allowed to:
   1. carry a weapon, ammunition and explosives or otherwise keep them in a condition for immediate use;
   2. hold, manufacture or store narcotic or psychotropic substances or poisons, other than medicinal products the use of which has been prescribed by a doctor;
   3. smoke, fire detectors are located in the Cottage;
   4. use open fire;
   5. use a publicly available connection to the public data network Internet in the Cottage’s premises for sharing, downloading or other distribution of defective content, software or other data that could disrupt the integrity of the data network, its performance and / or would not comply with legal regulations.
10. The Customer acts in such a way that there is no unjustified damage to freedom, life, health or things owned by another.
11. The Customer is obliged to leave and hand over the room where he is accommodated, or the Cottage in the case of rent as a whole, by 10:00 am on the day that the accommodation ends according to the accommodation contract concluded with the Accommodation provider.

V. Termination of an accommodation contract

1. The Customer acknowledges that according to the provisions of § 1837 letter j) of Act No. 89/2012 Coll. the consumer has no right to withdraw from the accommodation contract.
2. Accommodation provider is entitled to unilaterally cancel the stay without compensation for the following reasons:
   1. the Customer has not paid the principal or the price for the accommodation within the set deadline,
   2. if the Customer grossly violates his obligations arising from the accommodation contract (e.g. repeated disturbance of the night rest, damage to the property of the Accommodation provider, violation of fire and safety regulations),
   3. if the Customer grossly violates good manners,
   4. if unforeseeable circumstances occur independent of the will of the Accommodation provider.
3. In the event of cancellation due to unforeseeable circumstances, the cancellation fee shall not be charged and the deposited security shall be returned in full to the Customer.

VI. Other conditions of accommodation

1. Upon entering the accommodation, the presentation of an identity document may be required and the Customer is obliged to present it, as well as the other persons accommodated with him.
2. Extra beds are on request and must be confirmed by the Accommodation provider.
3. The number of persons in the room corresponds to the number of persons registered for accommodation, just as the Customer undertakes not to exceed the maximum capacity of the Cottage without the consent of the Accommodation provider.
4. In the event that the deposit is not drawn, it will be returned by the Accommodation provider within 10 working days from the date of termination of the Customer’s stay, in a non-cash way to the bank account from which the payment was made, unless the parties agree in a specific case.

VII. Final Provisions

1. In the event that these terms and conditions collide with the concluded accommodation contract (confirmed reservation), what is stated in such contract or booking confirmation applies.
2. Any disputes arising from the legal relationship established by this contract will be resolved in accordance with Czech law.
3. If the Customer is a consumer, in case of disputes arising from the accommodation contract he is entitled to turn to the state body for out-of-court settlement of consumer disputes, which is the Czech Trade Inspection Authority, based at Štěpánská 15, 120 00 Prague 2. All information concerning the resolution of consumer disputes through The Czech Trade Inspection Authority is available on the website coi.cz.
4. Severability clause: if any of the provisions of these terms and conditions or the contract concluded with the Customer becomes invalid or ineffective, it does not affect the validity of the terms and conditions or the contract as a whole.
5. These terms and conditions come into force and effect on 1 January 2019.