General Terms and Conditions
Business name: CASCADE servisní s.r.o.
Registered office: Radniční ½, 434 01 Most
Company ID No.: 09834150, VAT Reg. No.: CZ09834150
Registration: in the Commercial Register maintained by the Regional Court in Ústí nad
Labem, file ref. no. C 46506
Tel. number: (+ 420) 476 703 250
(hereinafter referred to as “Accommodation Provider”) hereby issues, within the meaning of Section 1751 of the Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as “Civil Code”), the following Business and Cancellation Terms and Conditions (hereinafter
referred to as “BCTC”):
Business and Cancellation Terms and Conditions of CASCADE servisní s.r.o.
Company: Business name: CASCADE servisní s.r.o., having its registered office at 43401
Most, Radniční ½, Company ID No.: 09834150, registered by the Regional Court in Ústí nad Labem under file ref. no. C 45506, www.hotel-cascade.cz, (hereinafter referred to as “Accommodation Provider”), hereby issues, within the meaning of Section 1751 of the Act
No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as “Civil Code”), the following Business and Cancellation Terms and Conditions (hereinafter referred to as “BCTC”):
1 Nature of the BCTC
1.1 These BCTC form an integral part of every accommodation contract which the Accommodation Provider concludes with its customers in order to accommodate them for an agreed period of time in its facility Hotel Cascade, located at Radniční 3, 434 01 Most (hereinafter referred to as “Hotel”).
These BCTC are also part of any other contract concluded by the Accommodation Provider with customers who act as intermediaries of accommodation services (travel agencies, etc.), the purpose of which is to provide accommodation with the Accommodation Provider for their clients, including a general contract, if concluded.
1.2 The Accommodation Provider may agree with the customer to exclude the application of these BCTC to a specific case or to apply certain arrangements deviating from these BCTC. Such agreements shall always be concluded in writing. In the event of deviating
arrangements, the provisions of the particular contract shall prevail over these BCTC.
1.3 The current version of these BCTC is available on the Accommodation Provider’s website www.hotel-cascade.cz.
1.4 Unless agreed otherwise, the contract is concluded once the Accommodation Provider confirms the customer’s written, electronic, internet, phone or data order. By placing an order, the customer confirms having been familiarized with the current version of these BCTC and agreeing with them without reservations.
1.5 The Accommodation Provider is entitled to unilaterally amend the BCTC with effect from the 1st day of the relevant calendar month, whereby the updated version of the BCTC must be published on the website www.hotel-cascade.cz no later than on the 1st day of the
previous calendar month. If a general contract has been concluded with the customer binding the parties to repeated performance of the same type in the long term with reference to these BCTC, the customer is obliged to familiarize himself/herself with the current versions of the BCTC and any planned amendments thereto on the website www.hotel-cascade.cz on the first day of the relevant calendar month. The customer is entitled to refuse the amendment to the BCTC in writing, and such refusal must be delivered to the Accommodation Provider at least 5 days before the planned effective date of the new version of the BCTC. Such refusal to accept an amendment to the BCTC shall be deemed to be termination of the general contract by the customer, and the general contract shall be terminated on the last day of validity of the original version of the BCTC. The individual accommodation contracts already concluded shall not be affected by the amendment to or
termination of the general contract, which will continue to be governed by the original version of the BCTC.
2 Prices and Services
2.1 Indicative prices of accommodation and any other services are listed in the Accommodation Provider’s price list (website, price list at the Hotel reception). However, the customer shall be bound by the price stated in the accommodation voucher (hereinafter referred to as “Voucher”). The extent of the services and prices agreed by the contract shall be subject to the summary thereof indicated in the Voucher. The Accommodation Provider shall be entitled to change the agreed conditions of the stay in situations that are out of its control (e.g. force majeure).
2.2 If the customer is in default of payment the purchase price, he/she shall pay to the Accommodation Provider a contractual penalty of 0.1% of the outstanding amount for every day of the default unless he/she agrees otherwise with the Seller. The Customer is also obliged to pay the Accommodation Provider all related costs of reminder, collection and legal costs.
3. Cancellation of Stay by the Customer
The customer shall be entitled to cancel his/her order at any time before his/her arrival or before the agreed first day of the accommodation (hereinafter referred to as “Arrival Date”). Cancellation can only be carried out electronically, by email sent with acknowledgement of receipt to: firstname.lastname@example.org. The date and time of sending the email is decisive for determining the date of cancellation. Cancellation fees for cancellation of individual stays: • Less than 24 hours before arrival the cancellation fee of 100% of the price of the ordered services. Individual cancellation fees may be negotiated for larger groups. The Accommodation Provider will not charge the customer the above mentioned cancellation fees if he/she could not use the agreed services for the following reasons: − death in the family, − hospitalization of a customer or family member, − serious illness, − call-up, − natural disaster. The customer is obliged to provide written proof of the above mentioned circumstances to the Accommodation Provider within 3 days of their occurrence. If the customer withdraws from the contract, the seller shall return to the customer all funds including the costs of delivery received from the customer in the same manner without undue delay, however, no later than within 14 days of the withdrawal from the contract. The seller is only allowed to return the received funds to the buyer in a different manner if the buyer agrees with it and does not incur any additional
4. Personal Data Protection
The Accommodation Provider, as a personal data controller within the meaning of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (hereinafter referred to as “GDPR”), processes personal data obtained from customers (natural persons) or from employees, representatives, etc. of legal entities in the context of negotiations on the conclusion and performance of an accommodation contract or general contract in accordance with the rules set out in the GDPR and in accordance with these BCTC.
The subject of the processing of personal data by the Accommodation Provider is the personal data of customers, in particular: (i) identification data (in particular name and surname, date of birth, place of residence); (ii) contact data (in particular email address and telephone number); (iii) data to the extent necessary for the delivery of services or payment of the price according to the respective accommodation contracts or general contracts; and (iv) other data required by the Act No. 565/1990 Coll., on local fees, as amended, and Act No. 326/1999 Coll., on the residence of foreigners in the territory of the Czech Republic and on amendment to certain acts, as amended. The Accommodation Provider shall process customers’ personal data to the extent necessary for the fulfilment of its obligations under
the contract, for the exercise of its rights, fulfilment of the statutory obligations and related communication with customers. The Accommodation Provider may also process customers’ contact personal data for the purpose of sending commercial offers, newsletters and similar commercial communications. The Accommodation Provider shall process customers’ personal data throughout the business relationship and for a period of time corresponding to the stated purposes of processing. In connection with the processing of customers’
personal data under the accommodation contract and/or general contract, the Accommodation Provider declares that (i) it will process personal data in accordance with the requirements of the GDPR; (ii) it will allow customers to exercise their rights under the
GDPR; (iii) it will ensure the confidentiality of persons processing personal data.
5. Applicable Law and Dispute Resolution
The contracts referred to in Article 1.1 of these BCTC are governed by Czech law, in particular by the applicable provisions of the Civil Code.
6. Out-of-Court Dispute Resolution
6.1 Out-of-court resolution of consumer disputes arising out of a purchase contract lies within the powers of the Czech Trade Inspection Authority, having its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID No.: 000 20 869, website: https://adr.coi.cz/cs. The platform for on-line dispute resolution located on http://ec.europa.eu/consumers/odr can be used for resolution of disputes arising out of a
purchase contract between the seller and the buyer.
6.2 European Consumer Centre Czech Republic, having its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz is a contact point according to the Regulation (EU) No. 524/2013 of the European Parliament and of the
Council of 21 May 2013 on on-line dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer on-line dispute resolution).
6.3 The seller is authorised to sell goods on the basis of a trade licence. The respective Trade Licensing Authority performs trade licensing inspections within their powers. The Czech Trade Inspection Authority shall, besides others, supervise, to a limited extent, the compliance with the Act No. 634/1992 Coll., on consumer protection.
7. Final Provisions
7.1 If any provision of a general contract (if negotiated), a contract or these BCTC is found to be ineffective or invalid, it shall not result in the overall ineffectiveness or invalidity of the entire document.
7.2 The customer shall not be entitled to set off its receivables from the Accommodation Provider against any receivables of the Accommodation Provider from the customer arising under contracts referred to in Article 1.1 of these BCTC without the Accommodation
Provider’s previous written consent. The customer is also not entitled to assign his/her rights and/or transfer his/her obligations under these contracts, or to assign these contracts onto a third party without the Accommodation Provider’s previous written consent.
These BCTC take effect on 1 July 2023.