GENERAL TERMS AND CONDITIONS
The Viaduct Hotel General Terms and Conditions (hereinafter referred to as the Terms and Conditions) govern the contractual relationship between
The Viaduct Suites & More Hotel (hereinafter referred to as The Viaduct Hotel)
The Viaduct s.r.o., Za Poříčskou bránou 54/19, 186 00, Prague 8, ID No.: 14149338, VAT No.: CZ14149338
and the client – a natural or legal person who orders a stay in the Hotel as a client (hereinafter referred to as the client).
1. ORDERING THE STAY, ESTABLISHMENT OF THE CONTRACTUAL RELATIONSHIP
The Client orders a stay at The Viaduct Hotel by written order submitted to The Viaduct Hotel by mail, fax, e-mail, online booking or in person.
The essential elements constituting a duly issued order are:
Client’s name and surname, contact details (telephone, e-mail, guarantee if applicable);
the name of the stay (for individually ordered services, the range of accommodation, catering and sports and relaxation services), the number of adults and children, the age of the children, if applicable, the specifications of the services ordered, the date of the stay, the length of the stay and the type of room with its specifications (beds separately or together);
If a citizen of the Czech Republic orders a stay for a foreigner, the client is obliged to indicate this fact. After a properly issued and submitted order with guarantee, the client is bound by his order. Upon confirmation of the order by The Viaduct Hotel, a contractual relationship is established between the client and the Hotel. Hotel The Viaduct undertakes to provide the client with the services in the confirmed scope and quality and the client shall pay Hotel The Viaduct the agreed price for the accommodation and other services used. The terms and conditions of the contractual relationship apply to all persons named in the order submitted by the client and confirmed to The Viaduct Hotel.
2. RIGHTS AND OBLIGATIONS OF THE CLIENT
The Client has the right to:
to be sufficiently and fully informed by The Viaduct Hotel about the services ordered, i.e. their scope, date and price;
to the proper provision of the services ordered, confirmed and prepaid by The Viaduct Hotel;
to cancel the confirmed order at any time before the commencement of the stay, provided that the cancellation conditions are complied with in accordance with The Viaduct Hotel’s cancellation policy.
The Client shall:
Fully and correctly state all material details of the order;
pay to The Viaduct Hotel on the requested date in the form of a deposit of 30-100% of the full price of the stay or guarantee 100%, The Viaduct Hotel reserves the right to determine the amount of the deposit or guarantee;
abide by the regulations of the facility, the visiting and operating rules of all Hotel The Viaduct resorts;
carefully review the confirmation of stay or any other bill issued by The Viaduct Hotel and contact the Hotel immediately if any discrepancy is found.
3. THE VIADUCT HOTEL’S OBLIGATIONS TO THE CLIENT
Hotel The Viaduct shall:
Confirm the Client’s duly booked and guaranteed stay and provide the Client with written information on the arrival of the stay (if the Client is satisfied with this, only telephone information on the stay is possible);
provide the client with the confirmed scope and quality of services;
in the event of cancellation of a confirmed booking by the client, pay the deposit paid for the stay or the difference between the deposit already paid and the applicable cancellation fees within 30 days of receipt of the cancellation in writing.
4. PRICES OF SERVICES AND THEIR PAYMENT
The prices for the services provided by The Viaduct Hotel are listed in The Viaduct Hotel’s online reservation system, at www.theviaduct.cz;
Payment for the services ordered is made by the Client in the form of a deposit or guarantee for the services ordered and confirmed by The Viaduct Hotel. The deposit must be paid no later than 30 days prior to the start of the stay, unless otherwise stated in the confirmation for stays scheduled by The Viaduct for a specific date (e.g. New Year’s Eve stays, summer stays). If the stay is booked within 30 days or less before the arrival of the stay, the client is informed about the method of payment in the confirmation of the stay or when placing the order for the stay.
The client can pay for the services ordered:
by bank wire transfer or cash deposit to the Hotel’s account;
by credit card at the Hotel reception;
payment by credit card on the website www.theviaduct.cz; payment in cash at the Hotel reception;
If the deposit for the stay is not paid by the deadline specified in the confirmation of the stay, the Hotel may cancel the confirmed order. Non-payment of the deposit does not extinguish the obligation to cancel the services ordered in writing. Payment of the deposit is understood as its crediting to the Hotel’s account.
In the event that due to time constraints it is not possible to pay for the stay in advance and the client will pay for the stay on the spot (by credit card or cash payment), payment for the stay will be secured by a credit card guarantee or cash deposit in the amount of the expected use of the services before their use.
5. CONFIRMATION OF STAY
A confirmation of stay issued by the Hotel entitles the client to use the paid services. The confirmation of stay received by the client contains the following information: name and surname of the client, date of stay, type of stay (tourist/work), room category, number of persons, list of services ordered, price and form of payment in time and whether the stay was guaranteed by credit card. The client is obliged to check the accuracy of the information provided. In case of any discrepancy, the client shall immediately contact the reception of The Viaduct Hotel, which issued the confirmation.
Upon check-in, the Client shall present his/her ID card or other proof of identity at the reception of Hotel The Viaduct. After fulfilling the above legal obligations, including filling in the registration card (record for the Foreign Police), the reception will accommodate the client and provide him/her with further information about the stay.
Upon check-in, the guest authorizes Hotel The Viaduct to pre-authorize (block) the appropriate amount on their credit card, to cover incidental charges that occur during the stay and are not resolved upon departure (minibar consumption, damage, etc.).
7. CANCELLATION POLICY OF THE VIADUCT HOTEL
The above cancellation conditions apply to accommodation contracts concluded in accordance with § 2326 et seq. of Act No. 89/2012 Coll., Civil Code, with The Viaduct s.r.o., Za Poříčskou bránou 54/19, 186 00, Prague 8, ID No.: 14149338, as the accommodation provider – accommodation provider, at The Viaduct Suites & More Hotel, Za Poříčskou bránou 54/19, 186 00, Prague 8 (hereinafter referred to as the accommodation facility) and the client of accommodation services.
Cancellation conditions are valid from 1 December 2022.
8. COMPLAINTS PROCEDURE
1. this Complaints Procedure regulates, in accordance with the applicable legislation, in particular Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), and Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as the “Consumer Protection Act”), the scope, conditions and method of exercising the customer’s rights arising from defective performance resulting from the accommodation provider’s liability for defects in the stay, individual services provided or goods sold and their handling (hereinafter also referred to as “complaints”).
2. APPLICATION OF CLAIMS
In the case of defective services or services that have been demonstrably ordered and confirmed but not provided, the customer – guest – shall have the right to claim. The guest shall exercise the rights arising from the defective performance at the accommodation provider’s registered office.
The guest is obliged to point out the defect in the services provided in a timely manner, without undue delay, preferably at the place of service provision. If the guest does not point out the defect of the services provided without undue delay, the complaint cannot be accepted. Immediately pointing out the defect (making a claim) on the spot will allow the defect to be rectified immediately, while the passage of time makes it more difficult to assess the evidence and objectivity of the assessment and thus the possibility of properly settling the claim.
When making a complaint, the guest is obliged to state his/her name, surname, address, what is the subject of the complaint, to justify the complaint and, if possible, to provide factual evidence of the subject of the complaint; at the same time, it is recommended to submit proof of the service provided, a copy of the order, invoice, payment receipt, etc., which will facilitate the handling of the complaint.
The guest may make a claim in any form, indicating the date, the subject of the claim and the desired method of handling the claim. In the case of a verbal complaint, the hotel’s authorised representative is obliged to draw up a complaint report with the guest or to issue a written confirmation of receipt of the complaint. The report shall include the personal details of the customer, when the guest made the claim, what the content of the claim is, what method of handling the claim the customer requires, and the date and requested method of handling the claim. The protocol, or confirmation of receipt of the complaint, shall be signed by the representative of the hotel and the guest, who by signing it agrees with its content. e) If the guest also hands over other documents or other documents related to the complaint to the representative of the accommodation provider, this fact must be explicitly stated in the protocol.
3. HANDLING OF COMPLAINTS
The accommodation provider is obliged to issue the guest with a written confirmation of the date and manner of the complaint, the content of the complaint, the method of handling the complaint and the date and manner of handling the complaint, or a written justification for the rejection of the complaint.
If a guest asserts a right arising from a defective performance related to the services provided or already provided to him/her, the manager of the establishment providing the services in question or another representative authorised by The Viaduct Hotel shall, after the necessary examination of the factual and legal circumstances, decide on the claim immediately, or in complex cases within three working days. This time does not include the time required for a professional assessment of the defect. The complaint must be settled without undue delay, at the latest within 30 days of the customer’s complaint, unless a longer period has been agreed with the customer.
In the case of written complaints, the provisions of paragraph 3.a) of the Complaints Procedure shall apply to their content accordingly.
4. COOPERATION OF THE CUSTOMER IN THE HANDLING OF COMPLAINTS
The Guest is obliged to provide the necessary cooperation for the settlement of the complaint, in particular to provide information, to submit documents proving the facts, to specify his/her demands as to the reason and amount, etc. If the nature of the matter so requires, the customer must allow the authorised representative of the accommodation provider, as well as the representatives of the service provider, access to the area provided for accommodation, etc., in order to ascertain the validity of the complaint.
In cases where the guest uses the services without the presence of a representative of the accommodation provider and the service provided is defective, the accommodation provider recommends that the guest should also take care to make timely and proper claims against the service providers.
5. METHODS OF COMPLAINT HANDLING
In cases where the complaint is judged to be wholly or partially justified, the settlement of the complaint shall consist in the free rectification of the service defect or, where possible, the provision of a replacement service. Depending on the extent and duration of the defect, the customer is entitled to a reasonable price reduction. This is without prejudice to the customer’s right to request withdrawal from the contract in / statutory cases. In cases where the claim is judged to be unfounded, the customer is informed in writing of the reasons for the rejection of the claim.
If circumstances arise, the occurrence, course and or consequence of which are not dependent on the will, action and procedure of the accommodation provider or circumstances which are on the part of the guest, on the basis of which the guest does not use the services ordered, paid for and provided by the accommodation provider in whole or in part, the guest is not entitled to a refund of the price paid or to a discount on the price.
6. OTHER PROVISIONS
Otherwise, the provisions of generally binding legal regulations, in particular the Civil Code and the Consumer Protection Act, shall apply. b) In accordance with the provisions of Section 14 of Act No. 634/1992 Coll., on Consumer Protection, as amended, the customer has the option to resolve any disputes arising from contracts concluded with the hotel through the consumer dispute resolution body, which is the Czech Trade Inspection Authority, or to resolve the dispute online through the ADR platform designated for this purpose. Before resorting to out-of-court dispute resolution, we recommend that the guest first contact our company to resolve the situation.
Cancellation terms and conditions govern the cancellation by the customer of the accommodation services ordered or booked at the accommodation facility;
Cancellation means the cancellation of a reservation of accommodation or accommodation service made by the customer at the accommodation facility upon payment of a cancellation fee in the amount and under the conditions set out in these cancellation conditions;
if the accommodation provider requires a deposit for the accommodation services booked, this deposit shall not constitute a cancellation fee in the event of cancellation by the customer, but the accommodation provider shall be entitled to unilaterally offset this deposit against the cancellation fee. In the event that the amount of the deposit exceeds the cancellation fee, the accommodation provider shall refund the remaining part of the deposit to the client
booked accommodation service or booked accommodation means all accommodation ordered by the customer and other services offered by the accommodation provider within the scope of the binding reservation and order made by the customer;
the client acknowledges that the cancellation fee is a penalty for the termination of the accommodation contract which he/she has concluded by his/her binding reservation. The contractual penalty does not compensate the accommodation provider’s right to compensation for damages pursuant to Section 2330(2) of the Civil Code
in the event of premature termination of the accommodation by the client and without the fault of the accommodation provider, the accommodation provider is not obliged to reimburse the client even in part for the accommodation price paid.
The client acknowledges that the unreimbursed part of the purchase price for accommodation services cancelled prematurely by the client constitutes the client’s claim for compensation for damages pursuant to Section 2330(2) of the Civil Code
in exceptional situations, the accommodation provider may waive the cancellation fee or the claim for damages in whole or in part; the decision to do so rests solely with the accommodation provider;
for compelling reasons, the accommodation provider may agree to change the booked date without the right to pay the cancellation fee; the accommodation provider decides on this;
if there are more than one person on the client’s side, they will be jointly and severally liable in the event of a claim for payment of the cancellation fee;
the amount of the cancellation fee is always calculated from the total price of the booked accommodation services and other services ordered by the customer, including surcharges, fees and value added tax; the cancellation terms are part of the general terms and conditions of the accommodation provider.
Cancellation charges are governed by the applicable rate at the time of booking
The guarantee can be made with a valid credit card or cash deposit.
The guarantee is calculated at the price of the entire stay plus 500 CZK per day for the use of the services of The Viaduct Hotel.
9. LATE PAYMENT (LATE CHARGÉ)
The client agrees to a late charge to the card on the day of departure in case of use of services not paid for or damage caused by him.
10. FINAL PROVISIONS
By staying at The Viaduct Hotel, the Client accepts the terms and conditions.
By entering the Hotel complex, the Client acknowledges that a CCTV system has been installed in the Hotel and adjacent grounds for added security.
The personal data provided by the client in the booking form will only be used by The Viaduct Hotel for the contractual relationship between The Viaduct Hotel and the client and for sending promotional offers to The Viaduct Hotel.
The General Terms and Conditions come into force on 1 December 2022. Changes and additions to these terms and conditions may be individually agreed between Hotel The Viaduct and the client exclusively in writing.
Hotel The Viaduct reserves the right to amend the General Terms and Conditions. In the event of any discrepancy between the English and the Czech version of the General Terms and Conditions, the English version of the General Terms and Conditions shall always prevail.
PhDr. Irena Valková, PhD. and ing. Michael Valko, owners of The Viaduct Suites & More Hotel