These General Terms and Conditions (hereinafter referred to only as the “GTC”) of EMPIRENT a.s., in its capacity as a provider of accommodation in apartments within the territory of the City of Prague, regulate the mutual contractual relationship between the company – EMPIRENT a.s., Company ID No.: 274 16 445, with registered office at Prague 4 – Nusle, Vlastislavova 152, Postcode 14000, in its capacity as the accommodation provider (hereinafter referred to only as the “Accommodation Provider”) and the natural person or legal entity using such accommodation (hereinafter referred to only as the “Guest).
On the basis of an accommodation agreement (hereinafter referred to only as the “Agreement”), the Accommodation Provider shall provide the Guest temporary accommodation (the right to use premises reserved for him/her for accommodation purposes, as well as other accommodation premises) for an agreed period of time in return for payment of the agreed price of accommodation and of services provided relating to accommodation.
The provisions of these GTC shall apply unless the parties to the agreement arrange otherwise in the Agreement. In the event of any discrepancy between the Agreement and the GTC, the Agreement shall prevail.
If a party to the agreement, the Guest, is a consumer, relations not regulated for by these GTC or the Agreement shall be governed by Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to only as the “CC”) and by Act No. 634/1992 Col., on Consumer Protection, as amended.
I. Ordering a stay and creation of a contractual relationship
- The Guest orders a stay in writing – by e-mail, or by filling in and submitting an electronic reservation form via an on-line platform (empirent.cz, booking.com, airbnb.com or expedia.com, etc.), by telephone or in person.
- The fundamental particulars establishing a duly drawn up order or reservation request are as follows:
- The name and surname of the Guest, date and place of birth, permanent residence address and contact details (telephone number and e-mail address) in the case of legal entities or natural persons acting as entrepreneurs, the trading name, Company ID No., VAT No. and registered office.
- Identification of the person (or persons) to whom the service should be provided – specification of names and age (unless the Guest specifies a different person to whom the service should be provided in the order, this person shall be regarded as the Guest) as well as the date of the stay and method of settlement of the price of services.
- The order and reservation become binding at the moment of their electronic confirmation by the Accommodation Provider sent to the customer’s e-mail address, or at the moment of confirmation in another manner within the framework of the on-line platforms or electronic applications unless any other condition for the binding nature of the order is evident from confirmation provided by the Accommodation Provider, e.g. payment of a deposit.
- Provision of confirmation of the order by the Accommodation Provider to the Guest shall lead to creation of a contractual relationship between the Guest and the Accommodation Provider. The Accommodation Provider undertakes to arrange services for the Guest in the confirmed scope and time and the Guest undertakes to pay the Accommodation Provider the contractually agreed price of services, or to pay the Accommodation Provider a cancellation fee if he/she cancels his/her binding reservation or uses it only partially.
- If an order placed by the Guest is vague or does not contain all of the required information, the Guest shall be obliged to supplement his/her order without delay subject to request by the Accommodation Provider. If the Guest fails to supplement his/her order without delay and within the determined deadline, the order shall be regarded as not having been accepted and shall not be subject to further processing.
- In the event of a binding order, the Accommodation Provider may request payment of an advance deposit in the level of up to 100% of the total price, whereas the Accommodation Provider may request such a deposit at any time, or may stipulate that a deposit is required for the order to be deemed binding and not be cancelled.
- If the conditions for placing of a binding order are not met, the Accommodation Provider shall be entitled to unilaterally cancel the order and subsequently inform the Guest of this fact.
II. Rights and obligations of the guest
- By entering into an Agreement, entitlement is created for the Guest to regular use of the premises reserved for him/her for accommodation purposes, as well as the communal areas of the accommodation facility, and to use services relating to accommodation.
- The Guest shall be obliged to respect the accommodation rules, as well as the other internal regulations issued by the Accommodation Provider relating to provision of accommodation and services. The Guest shall be obliged to duly use the accommodation premises designated for use by him/her and the communal areas in such a way that no damage is incurred by the Accommodation Provider. The same applies to services which are provided to him/her in relation to accommodation.
- The Guest may not make any changes to the accommodation premises without the explicit written consent of the Accommodation Provider. If the Guest breaches this ban, he/she shall be obliged to immediately remove such change, no later however than by the end of his/her accommodation.
- The Guest may not establish any user rights to the accommodation premises for any third party without the explicit written consent of the Accommodation Provider. Breach of this obligation by the Guest shall be regarded as gross breach of obligation on the part of the Guest arising from the Agreement which was concluded.
- The Guest shall be entitled to submit a claim for any failings on the part of the services provided by the Accommodation Provider. The Guest shall be obliged to submit his/her claim to the Accommodation Provider in writing without unnecessary delay, no later than one working day from the moment such failings are discovered and in such a way that the situation may be remedied, if possible, on the spot. The Guest shall not be entitled to compensation for any costs relating to submission of his/her claim. The Accommodation Provider shall handle the received claim within a deadline corresponding to the nature of the failing which the claim relates to. The period for handling of the claim shall be suspended for that period of time during which the Guest failed to provide the Accommodation Provider the necessary cooperation for handling of the claim.
- The Guest shall be liable to the Accommodation Provider for any damage which he/she caused intentionally or unintentionally on the Accommodation Provider’s premises and their immediate surrounding area, this including damage caused by himself/herself or persons accommodated with him/her or animals, or the guest of another person who uses services with the knowledge of or subject to the will of the Guest. The Guest shall be obliged to report any damage created to the Accommodation Provider without delay and to provide the Accommodation Provider compensation in full for such damage.
- The Guest shall be entitled, at any time before commencement of his/her stay, to cancel a confirmed reservation or order (to give notice of termination of the concluded Agreement) or to terminate his/her accommodation early subject to compliance with the cancellation conditions specified in these GTC. Or where applicable, in line with the cancellation conditions of the on-line platform which the Guest used.
- The Guest shall be obliged to pay the agreed price for the services provided including any other possible costs incurred due to special services which he/she requested himself/herself or which were requested by a guest accompanying him/her, including the statutory value added tax, this being no later than the moment of his/her departure.
III. Rights and obligations of the accommodation provider
- The Accommodation Provider shall be obliged to provide the Guest important information regarding his/her stay and check-in for the stay. In the event of a binding reservation or confirmed order, the Accommodation Provider shall be obliged to arrange accommodation services for the Guest in the confirmed scope and quality.
- The Accommodation Provider may provide the Guest adequate alternative accommodation, in particular if the difference in accommodation is negligible and objectively justified. Objectively justified shall be understood to mean a state of affairs in which the premises have become unfit for use, when an excess number of reservations has been made or in the event of other important operational measures making this step necessary. Any additional costs which may be incurred for alternative accommodation shall be covered by the Accommodation Provider.
- The Accommodation Provider shall be entitled to bill for its services at any time, or to bill for them on a continuous basis.
- In the event of withdrawal from a confirmed accommodation order or binding reservation by the Guest, the Accommodation Provider shall be obliged to refund the deposit for the stay which was paid this being within 14 days of written receipt of cancellation. If entitlement to any cancellation fees is created for the Accommodation Provider, the Accommodation Provider shall pay the Guest the difference between the already paid deposit and the respective cancellation fees. In the case of a binding reservation with provision of payment card details for pre-authorisation, the Accommodation Provider shall be entitled to collect the cancellation fees from the Guest’s account.
IV. Price of services and payment conditions
- The price of services, i.e. the consideration paid by the Guest for the accommodation provided in the Accommodation Facility, is determined in the confirmed reservation.
- The level of the deposit provided by the Guest to secure any possible claims of the Accommodation Provider by virtue of damage caused or to settle fees created in according with these GTC or the Agreement shall be determined on the basis of individual conditions for each Guest.
- The Guest authorises the Accommodation Provider to block the level of the deposit on his/her credit card.
- Unless entitlement to compensation is created for the Accommodation Provider in line with the cancellation conditions, the price of services shall be payable on the first day of the Guest’s stay, at the latest during the check-in process. In line with the conditions of some of the on-line platforms, the price of the stay may already be settled before the first day of the Guest’s stay.
- The deposit shall be refunded in full at the end of the stay unless entitlement to compensation for damage is created for the Accommodation Provider from the Guest, or creation of the obligation on the part of the Guest to pay a fee according to the GTC or Agreement. The Accommodation Provider shall not be liable to the Guest for any delay caused by the bank transaction during refunding of the deposit by the Accommodation Provider.
V. Accommodation services
- When checking in, the Guest shall provide identification at reception by means of a personal ID card, passport or other ID document and confirmation of his/her stay in order to fill in all of the obligatory documents. After meeting the above-mentioned requirements, the Accommodation Provider shall check in the Guest and provide him/her additional information about his/her stay.
VI. Termination of the agreement, cancellation fees
- The Guest shall be entitled to give written notice of termination of a concluded Agreement at any time with no notice period and without specifying his/her reason subject to the conditions listed below. The fact that the Guest fails to show up to use services on the basis of a binding order shall also be regarded as notice of termination of the Agreement without specification of his/her reason.
- When giving notice of termination of the Agreement with no notice period, the Guest shall be obliged to pay the Accommodation Provider a cancellation fee (i.e. the price of performance provided – creation of the reservation and everything relating to this). If the Guest gives notice of termination of a concluded Agreement, the Accommodation Provider shall not provide the Guest any financial or other compensation for unused services which were ordered over the course of the stay (accommodation, catering and other additional services). The Accommodation Provider may provide compensation if it is obliged to do so on the basis of other contractual relations (e.g. with booking.com, airbnb.com or expedia.com, etc.).
- In accordance with the provisions of Section 1837 (1) j) of the CC, no entitlement shall be created for the Guest, in his/her capacity as a consumer, to withdrawal from an Agreement which was concluded, if the Agreement was concluded in a remote manner or outside of the business premises of the Accommodation Provider, if the Accommodation Provider provides performance on a specific date.
- In other cases, the Guest shall be entitled to withdraw from the Agreement only if so determined by law.
- The Accommodation Provider shall be entitled to withdraw from the Agreement or to give notice of termination of the Agreement with no notice period for the following reasons:
- Failure on the part of the Guest to pay for services by the determined deadline;
- For reasons lying on the side of the Guest or person to whom the service should be provided, this being in accordance with these GTC, which lead to intentional frustration of the Agreement, for example in the case of failure to show up for a stay or failure to comply with the conditions of service provision, and also breach of the internal regulations and the accommodation rules;
- If, despite warning (verbal warning is sufficient), the Guest is in gross breach of his/her obligations arising from the Agreement or acts at variance with the accepted principles of decent behaviour;
- On technical grounds.
- In the above-mentioned cases, the Guest shall not be entitled to any financial or other compensation or to refunding of any amount paid, if he/she has already paid such an amount. Termination of the Agreement by the Accommodation Provider on technical grounds constitutes an exception to this. In such a case, the whole amount of the deposit paid shall be refunded to the Guest.
VII. Final provisions
- Changes and supplementations to these GTC may only be arranged individually by the Accommodation Provider and the Guest in writing.
- The Accommodation Provider reserves the right to change and supplement these GTC. Any changes and supplementations to the GTC which are made shall not apply to Agreements which have already been concluded.
- These GTC shall, within the meaning of the provisions of Section 1751 of the CC, be regarded as part of each individually concluded Agreement and their full version shall be published by the Accommodation Provider on the Accommodation Provider’s website.
- The Guest’s personal data which is handed over and specified in the order shall only be used by the Accommodation Provider for conclusion of a contractual relationship between the Accommodation Provider and the Guest.
- A consumer shall be entitled to contact the Czech Trade Inspection Authority with his/her complaint, this being the authority which performs inspection of legal entities and natural persons which/who sell or supply products and goods to the domestic market, which/who provide services or perform other similar activity on the domestic market, i.e. this is the supervisory authority performing supervision of consumer protection, acting in accordance with Act No. 64/1986 Coll., on the Czech Trade Inspection authority, as amended, and other legislation. The website of the Czech Trade Inspection Authority is www.coi.cz.