General business terms and conditions of accommodation portal www.pensionpraga.at
- The purpose of these General Terms and Conditions (hereinafter GTC) is to create a legal framework between the operator/provider of accommodation portal www.pensionpraga.at ( herein after operator/provider) and clients for the purpose of client’s awareness about the terms of services.
- These GTC form an integral part of every contract and binding order, by which the operator undertakes to provide services to the client according to these GTC, and the client undertakes to pay agreed price for the services.
- Legal affiliation between the provider and the client is governed by generally binding legal regulations of the Republic of Austria.
- It is presumed that the client is acquainted with these GTC. Only if it was proved that access to them was blocked by the fault of the provider.
- These GTC become binding to the operator the day of their publication and to the client at the moment of ordering the services.
- A client is any natural person or a legal entity that enters into a contract with the operator regarding service provision, or the one who sends a binding order to the provider.
- The operator/provider is the company LÁZY Rožnov spol. s.r.o. (Ltd.), its headquarters at Frenštátská 333, 75661 Rožnov pod Radhoštěm, Czech Republic, ID# 60777389, which runs the accommodation portal www.pensionpraga.at . The operator is not the owner of rented apartments, but based on specific contractual relations with their owners, the operator is authorized on the owners behalf to enter into service contracts with clients as well as to perform other activities related to the management of rented apartments and also provide catering services.
- The parties of contract are the operator and the client.
- A service is any activity carried out by the operator in accordance with his business, especially accommodation and food services.
- The moment of payment is when an installment fee is credited to the operator’s account, or payment in cash is made at the reception of the operator’s premises.
- A suite/an apartment is the space administered by the provider serving as a short-term accommodation to clients, according to the offer listed on the website www.pensionpraga.at.
- A loss is the actual damage and lost profit. Damage is compensated financially, but if the entitled party requests, and it is possible, the damage is replaced to the previous state.
Enter into a contract
- Under the word contract we understand an agreement mostly about administering servicesbetween the client and the provider based on customer orders. Desired services are ordered through an online form on the website www.pensionpraga.at where the client chooses step-by-step the date for the beginning and the end of utilization of services, number of guests, types of apartments, ancillary housing services (in particular, meal orders during the stay), as well as his basic ID and contact information and a method of payment. The customer making the order is fully responsible for the accuracy and completeness of all specifications. After submitting such form the operator will reply to the specified e-mail address with a confirmation receipt, together with a deposit invoice for ordered services. The contractual association between the client and the provider starts when the deposit invoice is paidaccording to the information therein.
- As mentioned above, by paying the deposit invoice, both parties enter into a contract, where the provider guarantees execution of ordered services within agreed scope and quality, while he exercises the right to require agreed payment from the client.
- The operator must prepare the apartment(s) ordered by the client at 2PM on the arrival date.The client is entitled to an accommodation before the date and time only if the provider agreed to such arrangement upon entering into the contract.
- The client is required to depart by 10AM on agreed day and hand over the vacant room to the authorized employee, unless other agreements were made. If the client hands over the apartment after the requested time, the operator is entitled to charge the client with an additional day. For the release of the apartment it is considered returning the room keys at the front desk to the authorized employee.
- The client’s stay in the provider’s apartments is governed by an Accommodation Policies which is binding for the client and it is available to everyone at the reception desk.
- Upon check in, the client is required to report any possible shortcomings, irregularities or complaints he might have immediately to the front desk. He is obliged to do the same if he finds any damage to the apartment or its inventory. If after a checkout the operator discovers any damage to the apartment or its inventory without the client’s previous report about it, the client himself shall pay for it in full.
- The client who checks in before 6AM is obliged to pay the amount of previous night. From the client who requests to check in before 2PM, the operator is entitled to claim a sum of 50% of the daily rate for the specific apartment.
- When a client reserves an apartment but is does not check in by 8PM, the operator is entitled to sell it to another customer. This does not apply if it has been explicitly agreed upon late arrival of the client.
Prices for services
- The client is required to pay previously agreed amount for the services he used. This also applies to services used by the third party, upon client’s request.
- Unless agreed otherwise, set prices and services are recorded in the price list which is available online on the website www.pensionpraga.at .
- The agreed prices are final and they include value added tax and all local taxes.
- After a client makes an order on the website www.pensionpraga.at with all needed requirements according to the Article III.1 of GTC, the operator will use the e-mail provided by the client to send the client a deposit invoice amounting 50% from agreed price for the entire stay. This including accommodation, food services and ancillary services, according to the order. This deposit invoice must be paid within 7 days from the day of issuing the deposit invoice, unless otherwise agreed. Without taking into consideration the previous statement, the deposit must be paid the latest 1 day before check in. Once the deposit is credited to the provider’s account, the order is confirmed.
- From the time a client receives the order until the deadline for paying a deposit invoice, this period of implementation of services is only reserved. In the event that the client does not properly pay for the deposit invoice, the operator is entitled to cancel the booking. The client will be informed about this cancellation by the operator via e-mail address which was provided by the client.
- If not agreed otherwise in advance, a statement of the balance charges for the services ordered and services used is a tax document – invoice, which is due on the day of departure on the premises of the provider. The unpaid balance for provided services (net payment based on advanced invoice) can client pay in cash or by credit card at the reception desk or through bank account specified in the relevant tax document.
Cancellation of the contract by the client
- The client has the right to cancel booked services at any time. Cancellation must be made in writing. A general compensation is paid to the provider in the form of a cancelation fee. He is entitled to deduct it from the deposit invoice previously paid by the client. Cancellation fee is a percentage of fixed service prices depending on time period between the cancelation date and planned day of the first day of using services (planned check in). In determining the number of days for the calculation of cancelation charges, the day of cancelation is included.
- Unless specified otherwise, cancelation fees determined by the final price agreed are as follows:
- Cancellation 60 and more days in advance, before scheduled commencement of the services …...... 20%
- Cancellation between 59-30 days in advance before scheduled check in …………… 40%
- Cancellation between 29-15 days in advance before scheduled check in …………… 60%
- Cancellation less than 14 days in advance before scheduled start of using the services, or in case of no-show without cancellation ………... 100%
- In case of premature emergency departure related to serious health reasons, such as injury or illness, the client is not entitled to a financial refund.
- In exceptional cases (illness, death, etc.), the operator may waive the cancellation fee based on provided proof of serious cause of cancellation, or he can offer an alternative date.
- Cancellation fee is deducted from already paid deposit and the remaining amount is sent by the provider within 7 days from the day cancellation was made, but no later than 3 days after the last day of originally confirmed stay (3 days after planned check out).
Withdrawal from the contract by the provider
- The operator is authorized to withdraw from the contract with his client only if:
- It was previously agreed upon with the client in written form
- The client does not insist on the fulfillment by the operator
- The client has engagements with the operator after the payment deadline
- The client has not paid the remaining balance for provided services, according to Article V.6 GTC
- The circumstances of higher power, which are not a liability of the provider, are preventing the provider to keep the contract
- The accommodation booking was made in a misleading way with incorrect information, for example regarding the client.
- Operator’s justified termination of the contract doesn’t allow the client to any claim for damages.
Liability and damages
- The operator is liable for keeping his obligations according to the contract with a care of proper businessman.
- The client’s entitlement for damages is admissible only in case of injury, if the operator is responsible for not keeping the obligations; he is responsible for the damages which are based on willful or grossly negligent violation of obligations of the provider, which are stated in the contract or by law. The client is required to adequately contribute to eliminate errors and to reduce potential damages.
- Animals are allowed only after a previous agreement with the operator and are accounted for mark-up (additional payment). Once checked in, animals are not allowed on catering premises because of sanitary reasons.
- The contract parties are committed to resolve any disputes arising from the relations based on contract and these General Terms and Conditions, preferably by agreement.
- Any changes or attachments to GTC require for their effectiveness to be in a written form,also validity of any amendments is a subject to be in a written form by the operator.
- Any texts, photos and other graphic elements used on the website www.pensionpraga.at are protected by copyright and other legal regulations applying to the industrial ownership. The client may not copy, reproduce, distribute, modify, or otherwise publicly disseminate without the provider’s prior written consent.
- Should individual provisions of these General Terms and Conditions become ineffective or invalid, it will not affect the validity or effectiveness of the remaining points/provisions of these GTC.
- When clients are making the orders, they are confirming the acceptance of these current GTC of the provider. The provider reserves the right to change the GTC. Written obligation about the changes made is provided by placing them on the operator’s website of the www.pensionpraga.at.
These general business terms and conditions come into effectiveness on the 17th of June, 2015.