Michalská 395, 059 18 Spišské Bystré
1. General provisions, scope
The purpose of these General Terms and Conditions (hereinafter referred to as the GTC) is to establish a legal framework of relations between the pension Villa Cubach in Spišské Bystrom and its clients in order to ensure that the client is informed about the conditions of the services provided, reservation of accommodation services, use of the reservation system, payment conditions, cancellation conditions.
These general terms and conditions form an integral part of any contract (agreement) by which the pension undertakes to provide services and the client pays the agreed price.
The legal relationship between the pension Villa Cubach and the client resulting from the contract is governed by the provisions of the Commercial Code and other generally binding regulations of the Slovak Republic.
It is believed that the client became acquainted with these general terms and conditions unless he proves that access to them was thwarted by the fault of the pension.
These general terms and conditions are binding on villa Cubach on the date of their publication and for the client at the moment of ordering the service.
Article 2 shall be replaced by the following:
Definition of terms
1. Client means any natural or legal person who concludes a contract with Villa Cubach for the provision of a service.
2. Pension Villa Cubach is the managing director: Mgr. Marián Luha, Municipal Office Michalská 395, 059 18 Spišské Bystré
3. Service means any activity carried out by the pension Villa Cubach in accordance with its business, but in particular accommodation, catering, and congress services.
4. As a rule, a group means 6 or more persons who book accommodation on the same date of arrival and departure.
5. An event means a social event involving a larger number of persons associated with the provision of several types of services of the pension.
6. The organizer of an event means any natural and/or legal person/who, organisationally, technically or otherwise, arranges an event on behalf of or for the benefit of the client as the ordering party of the event and who for this purpose enters into a contractual relationship with the pension. Unless otherwise agreed, the organizer of the event is the organizer of the event.
7. The moment of payment is the time when the creditor obtained the opportunity to dispose of the paid funds, i.e. the date of crediting to the account, by taking over at the cashier, etc.
Article 3(2) shall be replaced by the following:
Conclusion of contract and limitation
1. The conclusion of the contract means, in particular, the agreement on the provision of services between the client and the pension Villa Cubach at the request of the client (hereinafter the order). The order for the provision of services is agreed by the client in person, by phone, in writing, by fax, via the Internet or by filling in the reservation form on the pension's website. The contract is created by confirming the order by the pension. The order must be confirmed bindingly in writing, by fax or via the Internet and must contain: the name and surname of the customer, the name of the company with the exact address and company identification details, the dates from the beginning and end of the service drawdown, the description of the ordered service, the method of payment, the method of payment, in the case of payment on invoice billing information is required, in the case of payment by credit card, the details of the valid payment card are required as a guarantee of payment.
2. By concluding the contract, the pension guarantees to provide the client with services to the agreed scope and quality. At the same time, Villa Cubach has the right to demand payment of the agreed price.
3. In the case of group orders or recurring orders, the parties may conclude a framework contract in writing in writing. In case the pension Villa Cubach and the client have concluded a written contract and in case of non-compliance of the contract or part thereof with the GTC with the GTC, the provisions of the contract take precedence over these GTC. However, the validity of the GTC is not affected by this.
4. The contract may be concluded through an intermediary. Towards the pension, the obliged person is the intermediary himself, if the pension does not give consent to the change in the person of the debtor.
5. All claims against the pension shall be time-barred for three years from the beginning of the limitation period. Claims for damages shall be time-barred for two years from the date on which the injured party becomes aware of the damage and who is responsible for it. At the latest, the right to compensation shall be time-barred for three years and, in the case of damage caused intentionally, within 10 years of the date on which the event giving rise to the damage occurred; this does not apply in the case of personal injury.
Article 4(2) shall be replaced by the following:
Accommodation services – individual clients
1. Pension Villa Cubach is obliged to prepare the client ordered or booked rooms from 14:00 the agreed day of arrival. The client is entitled to an earlier arrival of the reserved room only if he has given his consent to villa Cubach when concluding the contract.
2. The client is obliged to release the room on the agreed day of departure and hand over the room back to the pension no later than 10:00 am, unless otherwise agreed in advance. In case the client hands over the room after this time, the guest house is entitled to charge a separate fee of 5€/hour/room for each started hour after this date. In case the client hands over the room after 16:00 hrs. the agreed day of departure, the pension is entitled to charge 100% of the room price for the following night.
3. The pension is obliged to allow the client to store valuable objects or objects of high financial, social or mental value in a safe place
(in the vault). If the client does not exercise this right, the pension is only liable to a limited extent for any damage caused by loss, misuse, damage, theft or otherwise.
4. The stay of the client is regulated by the operating rules of the pension Villa Cubach. Individual schedules are binding on guests.
5. The Client is obliged to inspect this properly when moving into the room and report any deficiencies, inconsistencies or reservations immediately to the authorized employees. He is also obliged to proceed in case he finds any damage to the room or its inventory.
6. In the event that villa Cubach finds damage to the room after handing over the room to the clients, it is obliged to compensate for the damage.
7. The client is obliged to cancel the reservation of the accommodation immediately after finding out that he will not use the accommodation.
8. Reserved rooms to which the client did not move in no later than 18.00 hrs. on the day of arrival, he can leave the guest house to another. This shall not apply if a later arrival has been expressly agreed.
Article 5 shall be replaced by the following:
Accommodation services - Groups
1. Unless otherwise stated in this Article, the provisions of Art. 4 - Accommodation services - individual clients shall apply to the accommodation conditions for groups.
2. Option up to 40 days before arrival without deposit, then a deposit of at least 50% or cancellation by the service provider is due.
3. An option less than 40 days may have a deviation of 5% of the reserved capacity up to 7 days before arrival.
4. If the client is interested in a guaranteed reservation, the pension may require payment of a deposit of at least 50% of the total price of the reservation. The reservation is confirmed at the moment of payment of the deposit.
5. Option on 100% of the capacity of the pension is possible only with a deposit of 50%.
Article 6(1) shall be replaced by the following:
1. In the case of events connected with the provision of catering services, to be attended by a predetermined number of persons/e.g. wedding receptions, trainings, birthday parties, etc., the client is obliged to notify the pension or confirm the exact number of persons involved no later than 7 days before the event, unless otherwise agreed in the case. The subsequent possible reduction in the number of persons actually involved does not relieve the client of the obligation to pay the agreed price corresponding to the number of persons reported by the pension client within the period according to the previous sentence.
2. Due to a change in the scope of the services provided for reasons on the part of the client, it will provide an increase in the scope of the services according to its own possibilities. The client is not entitled to increase the scope of services, but the pension is obliged to proceed with this requirement with the care of a proper trader.
3. In the event of variations of more than 5 % in the number of participants, the guest house shall be entitled to unilaterally determine and fix the price for the services, as well as to replace the confirmed rooms. However, the pre-agreed standard and technical equipment of the rooms must be maintained only if the capacity and technical capabilities permit.
4. For events that last longer than 24.00 hrs, the pension may, from 24.00 hrs. charge a surcharge for service in the amount of 8€/ staff / hour. The provision of the preceding sentence shall not apply if, when concluding the contract, it has been expressly agreed by the parties that the agreed price takes into account the duration of the event even after 24.00 hours.
5. In principle, the event organizer is not entitled to bring food or drink to the events. Exceptions require prior written agreement with the guest house. In such cases, the guest house is entitled to charge an additional fee for service. In such cases, the pension is entitled to charge the organizer or the event customer a fixed one-time fee of 10€ /bottle of wine/ or 15€/bottle of hard alcohol/, while the pension is not responsible for the legal origin, health and hygiene of its own food and drinks in this case.
6. The event organizer and the customer are liable for the payment of additionally ordered food and beverages by the participants of the event.
7. At the event, the client is obliged to settle his obligations towards copyright organisations. Villa Cubach is not liable for any violation of intellectual property rights for damages or, where applicable, sanctions.
8. The event organizer and the client are obliged to notify the pension without prompt if the event is capable of disturbing public order and limiting or endangering the interests of the pension and other clients. The pension is entitled to take measures to prevent such a condition and the client is obliged to suffer them.
9. Advertisements in the press and electronic media, advertisements and announcements addressed to the general public, in particular information on the holding of political, religious and commercial events which indicate a relationship to the pension and are capable of damaging the reputation of the pension or have signs of free-riding on its reputation require the essential prior written consent of the pension.
10. If the pension for the organizer of the event procures technical and other facilities from third parties on his initiative, it acts on behalf, of attorney and on behalf of the event organizer. The organizer of the event exempts the pension from all claims of third parties from leaving this facility.
11. The use of the event organizer's own electrical equipment when using the electrical or other cable distribution of the pension requires his/her consent. The pension reserves the right to charge separately for such machines and equipment that increase the cost of media supply or operation of the pension above the usual rate. If the use of these facilities results in malfunctions or damage to the technical facilities of the pension, the event organizer is obliged to pay the costs associated with their restoration. The guest house reserves the right, through its employees or third parties, to inspect these facilities and take action to prevent such a condition and the client is obliged to suffer them.
12. The decorative material and articles brought in must comply with the legal fire requirements. The guest house is entitled to request the opinion of the competent public authorities for this purpose. In order to prevent possible damage, the organizer is obliged to arrange their installation and placement of objects in advance with the pension.
13. The exhibition and other items brought in must be removed immediately after the end of the event by the organizer. In case of omission of this obligation, the pension is entitled to charge rent for the duration of the stay of objects in the room. The pension is also entitled to carry out removal and storage on behalf of the event organizer without creating a care or custody contract. The organizer of the event is obliged to pay the pension storage and damage caused by the accumulation of left-up items. This is without prejudice to the obligation to pay damages.
Article 7 shall be replaced by the following:
Prices for services
1. The Client is obliged to pay the agreed price for the services used by him. This also applies to the services and expenses of the pension vis-à-vis third parties initiated by the client.
2. Unless otherwise agreed by the contract, the agreed price to be paid by the client and the agreed services of the pension results from the valid price list of the pension Villa Cubach. The price list is generated dynamically based on the period of stay, occupancy, and the number of persons and the age and number of children. The price is further affected by early or last minute purchase and length of stay.
3. The agreed prices shall be final and shall include value added tax. If the period between the conclusion of the contract and the provision of the service exceeds 3 months and the pension increases the price charged for such performances in general, the pension can increase the contractually agreed price accordingly, but not more than by 5%.
4. The place of fulfillment and payment is pension Villa Cubach.
5. The pension is entitled to request an adequate prepayment or advance payment at the conclusion of the contract or after taking into account legal provisions. The provisions of the following Articles shall apply mutatis mutandis to advance payment and advance payment. The price is guaranteed only after payment of the deposit.
6. Unless otherwise agreed in advance, the basis for the billing of the ordered and used services by the client is the cash order document, issued on the day of the client's departure from the premises of the pension, or on the day on which the client used the ordered services of the pension. The services thus billed are due at the time of issue of the cash order.
7. The maturity of the invoice shall be no later than 14 days from the date of the taxable transaction. In the event that the client pays a deposit in advance for the services provided in the amount of at least 50% of the total calculated price, the due date of the invoice is 14 days from the date of the taxable performance. This obligation is fulfilled by crediting the relevant amount to the provider's account.
8. In the event that the client is in default with the payment, he is obliged to pay interest for late payment of 0.05% of the amount due for each day of delay. Claims for damages are not affected. If the client with the payment is in arrears, he/she loses the right to the discounts provided and the Pension Villa Cubach is entitled to invoice the full normal price without applying the discount. In this case, the client is obliged to pay the Pension Villa Cubach all demonstrably incurred costs for the services provided without applying discounts and benefits.
9. The client may set off only an undisputed or final claim against the pension's claim against the pension.. The same applies if it is a partial credit.
Article 8(1) shall be replaced by the following:
Withdrawal, change, cancellation, non-entry, early departure, cancellation policy
1. In the event that the client withdraws from the contract, he is obliged to pay the provider a contractual penalty (hereinafter the cancellation fee). The cancellation fee is determined in proportion to the total agreed price ) as follows:
2. In case the client pays a deposit in advance for the services provided in the amount of at least 50% of the total calculated price, the cancellation fee is 100% of the amount of the deposit paid, in case of cancellation on the day of arrival.
3. In exceptional cases /illness, death, etc./ the pension may waive the right to pay the cancellation fee on the basis of a written request from the client, supported by evidence of a serious cause that was the reason for the client's withdrawal from the contract and cancellation of the ordered services.
4. The circumstances of force majeure shall not affect the obligation to pay the cancellation fee. By paying the cancellation fee to the clients, Villa Cubach waives claims for other damages even if these exceed the amount of the cancellation fee.
Article 9 shall be replaced by the following:
Withdrawal by pension
1. The pension is entitled to withdraw from the contract only if:
· this right has been agreed in writing with the client and for the reasons specified in the contract,
· the client does not insist on the performance by the pension,
· the client has obligations towards the pension overdue,
· a prepayment or prepayment was arranged at the time of booking and the client has not fulfilled his obligation in due time, but the pension may withdraw at the latest until the client has fulfilled the obligation,
· force majeure or other circumstances for which the pension is not responsible make the performance of the contract impossible,
· rooms have been booked for misleading or incorrect details of the essential facts, e.g. in the client's person or purpose,
· the pension has a valid reason to believe that the use of the services could endanger the smooth operation, safety or seriousness of the pension in public, without this being attributed to the owners or organization of the pension.
2. If the client has made an adequate prepayment or an advance payment of at least 50%, the pension is entitled to withdraw from the contract only if:
· this right has been agreed in writing with the client and for the reasons specified in the contract,
· the client does not insist on the performance by the pension,
· force majeure or other circumstances for which the pension is not responsible make fulfilling the contract impossible.
3. There is no claim of damages to the client in the event of a legitimate resignation of the pension.
Article 10 shall be replaced by the following:
Liability and damages
1. The client is liable for damages caused to the equipment and other property of the pension according to the relevant generally binding legal regulations of the Slovak Republic. The client is also liable for damage caused by minors for which he is responsible or by persons accompanying him/her at the stay. The client is also liable for damage caused by persons who are not guests, as long as the stay in the premises of the pension was allowed by the client himself.
3. The pension shall be liable for damage caused to brought or postponed items brought in by the accommodated clients or brought to them, unless the damage would occur otherwise. Items that have been reserved for accommodation or storage of items or which have been handed over to one of the pension staff for this purpose are brought in.
4. For jewels, money and other valuables, the pension is only responsible for the amount of 332 €. The right to compensation shall lapse if it has not been exercised no later than the fifteenth day after the date on which the victim became aware of the damage.
5. If the client receives a place to park the vehicle in the reserved parking lot, even for payment, no custody contract is created. In the event of loss or damage to the land of parked or relegated motor vehicles and their contents, the pension is not liable.
6. The pension is not liable for injuries at events, programs of any kind, unless the pension acts grossly negligently or intentionally.
Article 11 shall be replaced by the following:
1. Found items shall be forwarded only on request. They are stored in the pension for six months. On expiry of that period, objects of appreciable value shall be handed over to the competent public authority.
Article 12.12.1999 shall be replaced
1. All documents relating to legal relations established between the pension and the client shall be served:
· third party authorised to deliver the consignments.
2. All documents relating to any legal relations established between the pension and the client are delivered by registered mail to the address of the seat of the pension and to the address of the client's permanent residence or registered office. If the contractual relationship between the pension and the client persists, each participant shall be obliged to notify the other party of any change in its registered office or permanent residence according to the principles set out in this Article within three days from the date of the change of registered office or permanent residence.
3. If the client does not accept the document at the address specified in the order and it is identical to his address registered in the commercial register or other register, the document shall be deemed to have been served three days after its return to the sender, even if the addressee does not know. All legal effects of documents served in this case occur on the date on which the document is deemed to have been served.
4. If the client does not receive the document at the address specified in the order, and it is not the same as his address registered in the Commercial Register or other register, the sender is obliged to serve the document repeatedly at the address of the party registered in the Commercial Register or another register. In the event of such delivery, point 3 of this Article shall apply in its entirety.
Article 14(1) shall be replaced by the following:
1. The GTC shall enter into force and effect on 1.10.2021.
2. Unless the parties agree otherwise in writing, their contractual relations shall be governed by the provisions of the GTC in force and effective at the time of conclusion of the contract.
3. Any dispute arising out of these GTC or legal relationships arising from them arising from them, including a dispute over the interpretation of these GTC, in the event that a settlement of the dispute is not reached between the parties to the legal relationship, will fall within the jurisdiction of the Slovak courts.
4. The Contracting Parties may also adjust each other's rights and obligations by way of derogation from the GTC. In the event of discrepancies between the contractual arrangement and the provisions of the GTC, the contractual arrangement applies.
5. Should a provision of the GTC become invalid or ineffective, this shall not affect the platinumness and effectiveness of all other provisions of the GTC.
These GTC enter into force and enter into force on 1.10.2021
In Spišské Bystrom 1.10.2021