GENERAL BUSINESS TERMS AND CONDITIONS
- The name of the accommodation object: Hotel Thermal ŠÍRAVA ****
- Address: 656 Kaluža, 072 36 Kaluža
- Identification Number: 50 364 103
- Tax Identification Number: 2120290194
- VAT Identification Number: SK2120290194
- Responsible person: Miroslav Kozma
- Telephone number: +421 948 325 568
- Founder: Zemplínska šírava, Ltd,, 65 Partizánska St., 071 01 Michalovce
- Business Register: District Court Košice I. Section Ltd., embedding number 39290/V
We are pleased that you have decided to use our services by Thermal ŠÍRAVA HOTEL ****. As we try to make your stay at our hotel as pleasant as possible, we dare ask you to study the following General Business Terms and Conditions which regulate and specify the contractual relationship between you and the Hotel based on the acceptance of your booking.
- The purpose of these General Business Terms and Conditions (hereinafter referred to as ,,GBTC“) is to establish a framework for relationship among the Hotel Operator and its Customers in order to inform the customer about the terms and conditions of the provided services.
- These General Business Terms and Conditions are being applied for contracts (agreements) on reservations of hotel rooms for accommodations, conference and banquet premises of the hotel for events and implementation of the rental events as well as for all other provision and services which are being provided to the Customer.
- General Business Terms and Conditions of the Customer may only be accepted in case of previous written agreement.
- These GBTC create an integral part of every contract (agreement) and reservation, the subject of which is the obligation of the Hotel to provide the Customer with certain kind of services and the Customer´s obligation to pay the agreed price for the provided services.
- It is assumed that the customer has become aware of these GBTC unless he/she proves that an access to them had been restricted or prevented by the fault of the Hotel.
- These GBTC become obligatory to the Hotel from the date of their publication and for the Customer from the moment of booking the service.
- Definition of general concepts
For the purposes of this Agreement we define the following concepts:
- Customer is any natural or legal (juridical) person who/which signs an agreement on provision the services with the Hotel or sends/send the binding reservation to the Hotel.
- Hotelis an object operated by the company Zemplínska šírava, Ltd., with registered office at 65 Partizánska St., 071 01 Michalovce, Identification Number: 50 364 103, registered
in the Business Register of the District Court Košice I, Section: Ltd., embedding number 39290/V,
namely Thermal ŠÍRAVA HOTEL****.
- Agreement parties are the Hotel and a Customer.
- Services are any services provided by the Hotel in accordance with the subject of its business, in particular accommodation, catering, wellness and congress services.
- Individual customer is usually 1 person up to 9 people who reserves/reserve the hotel services jointly or reserves/reserve the accommodation at the Hotel at the same time of arrival and departure.
- A group is usually 10 people and more who reserve the Hotel services jointly or reserve the accommodation at the Hotel at the same time of arrival and departure.
- Eventis a social event involving a numerous number of people and which is connected with provision of more kinds of the Hotel services.
- Event organizer is any natural or legal (juridical) person who in an organizational, technical or other way organizes the event in the name or for the benefit of the Customer and for this purpose they become a party in the contractual relationship with the Hotel; unless it is agreed differently it is assumed that the one who orders the event (Customer) is his organizer.
- The time of payment is a moment when the Hotel gains an opportunity to dispose the paid funds, namely on the day when they have been credited to the account, took over at the checkout etc.
- Damageis an actual damage and lost profits. The damage must be refunded financially; if, however, the authorized party shall request it and if it is possible, the damage is compensated by its return to the previous state.
- Signing a contract
- Signing a contract means an agreement signed between the Hotel and the Customer on provision the service.
- By signing the contract the Hotel gains an obligation to provide the Customer with the services of the agreed extent and quality while the Customer at the same time becomes obliged to pay the Hotel the agreed price and compensate for any possible damage caused as a result of the use of Hotel services.
- The contract becomes valid by the confirmation of the order /reservation/ of the customer by the hotel side. The confirmation may be done in a written form, via fax or e-mail.
- The contract partners are the Hotel and the Customer. If the services of the Hotel had been ordered by the third party /broker/, an intermediary party becomes and obliged /contractual/ party if the contractual parties do not agree differently.
- In case of group or regularly repeating reservations the contractual parties may sign a framework contract in a written form under a condition that agreements which were agreed within this kind of contract take precedence over the regulations in these GBTC. However, the validity of the GBTC is not affected thereby. This condition is also applied to individual contracts signed in written form.
- Further rent of the rooms which are in disposition as well as their use for other purposes than accommodation or for other purposes than it had been agreed within the contract require a prior permission of the Hotel signed in a written form.
III. Accommodation services – individual customers
- The Hotel is obliged to make rooms reserved after 2 p.m. on the day of previously agreed arrival available to the Customer. The Customer is authorized to have his/her reserved room prepared before the agreed time of arrival only if he/she agreed that circumstance with the Hotel within signing the contract. The Customer is not authorized to require a particular room, unless he/she had agreed that condition with the Hotel in advance.
- The Customer is obliged to submit the room on the agreed day of departure and leave the room at the latest until 12.00 on the agreed day of departure, unless it had not been agreed differently. In case of late check-out the Hotel is authorized to charge 20% of the price list, if the room is left after 4 p.m., the Hotel is authorized to charge 100% of the price list without incurring from the Customer´s side agreement claims for Hotel services.
- If the Customer has not arrived to the hotel at the latest until 6 p.m. on the date of arrival and unless there had not been agreed a late arrival time, the hotel may apply the right to cede the above mentioned room to another Customer.
- If the Customer accommodates in the hotel before 6.00 a.m., he/she is obliged to pay for the accommodation for the whole previous night.
- The Customer is obliged upon his/her arrival to the room immediately after a discovery of any shortcomings, discrepancy or reservations inform the Hotel reception. He/she also is obliged to proceed similarly in case of discovery of any damages to the room itself or to its equipment. In case if the Hotel finds out the damage to the room or to its equipment after the end of the Customer´s stay without the Customer´s had informed the Hotel reception about that circumstance, the Customer thereafter is required to compensate the damage to the room or to its equipment to the full extent.
- The Customer´s stay in the Hotel is regulated by its Accommodation Rules and Return Policy. These regulations are obligatory for all Customers of the Hotel.
- The Hotel is obliged to allow the Customer to store valuable items or objects of high financial, social or intellectual value at the safe place. If the Customer does not use this right, the Hotel is liable for any damage which had been caused by loss, misuse, misappropriation or any other way only to a limited extent. The Hotel is liable up to 331, 94 Euros for the jewellery, money and other valuable objects. The right for damage reimbursement ceases to exist if the Customer has not applied it at the latest until 15 days after the day when the damaged person discovered the damage. It is believed that the Customer discovered the damage at the latest on the day of departure from the Hotel.
- If the Customer is interested in a guaranteed reservation the Hotel is authorized to require the
Customer to pay a deposit, namely 100 % of the total price of the reservation. The reservation
is considered guaranteed by the Hotel from the moment of payment of the deposit.
- Accommodation services – groups
- If these GBTC do not state it differently, Accommodation Rules for groups stated in Article III of GBTC are valid.
- Prices for services provided by the Hotel and payment terms and conditions
- The Customer is required to pay the agreed price for the provided services, it is also valid for the services which had been provided by the Hotel on the basis of a separate Customer´s request to the third parties.
- The agreed price is the price which is stated in the reservation confirmation. Unless the price had not been agreed in the above mentioned way, the published price list is valid.
- Prices which are stated in the price list of the Hotel are definite and include value added tax but do not include local taxes.
- If the time between signing the contract and provision of the ordered services exceeds
4 months, during which the Hotel prices increase, the Hotel may raise the agreed price reasonably, unless up to 5% of the agreed price.
- The Hotel is authorized to change the price also in case if the Customer additionally changes the number of the reserved rooms, the range of the hotel services, the length of the stay etc., upon the permission of the Hotel.
- The Hotel is authorized to require payment in advance upon signing the contract.
- If the parties do not agree differently in advance, the base for the payment for the ordered and used services from the Customer´s side is the invoice which is submitted on the day of Customer´s departure from the territory of the Hotel or on the day when the Customer used the ordered services of the Hotel. The invoice must contain all the details stated by the valid bodies of law of the Slovak Republic.
- The Customer is required to pay the price for accommodation and provided services according to the valid price list, usually before the end of the stay, but the longest for a one-week stay. The invoice is payable upon submission, in case of agreement the period for payment may be up to14 days.
- Payment by a credit card may be made before and after the use of Hotel services, on the basis of data provided by the Customer which are necessary to make the payment. By providing his/her data to make the payment by the credit card the Customer submits consent on the use of data. The Hotel is authorized to charge additionally from the Customer´s credit card any possible discrepancies which
might be discovered after the Customer´s departure/for instance, the use of mini-bar snacks and drinks, damage compensation, fines etc./ therefore the Customer agrees with this condition. The Hotel is obliged to the Customer to inform his/her in a written form/ via e-mail/ about any additional settlement of discrepancies from the credit card of the Customer and about the reasons of such an additional charge.
- In case of late payment settlement the Hotel has a right to charge interest on late payment, namely 0,5 % of the late payment for each day of delay.
- The claim of the Customer against the Hotel is possible in case if the Customer´s credited claim against the Hotel is uncontested or valid.
- In order to provide the proper preparation of an event, its organizer is obliged to inform the
Hotel about the final and definite number of participants no later than 30 days before the
event to be held.
- In case of any change in the extent of provided services upon the Customer´s request, the Hotel will provide an extension of the scope of the provided services in accordance to its own capabilities, provided that such a request is treated by the Customer as a commercial fair-play. However, the Customer cannot legally claim on increase of the scope of provided.
- The change in the number of the event participants exceeding more than 10% must be agreed with the Hotel in advance. In case of such change /divergence/ of the event participants, the Hotel is authorized to change the confirmed rooms unilaterally; the agreed standard and technical equipment must be retained.
- If the number of participants exceeds by more than 10 % the Hotel is also authorized to redraw and change the agreed price. The basis for the bill is the real number of participants.
- In case of events held in the restaurant area which last longer than till 10 p.m. and if the agreed price does not take into account the longer duration of the event /longer than the opening hours/ the Hotel may charge the service value on the basis of single confirmations.
- In case of events held in lobby bar area which last longer than till 10 p.m. and if the agreed price does not take into account the longer duration of the event /longer than the opening hours/ the hotel may charge the service value on the basis of single confirmations.
- The organizer of the event or its submitter is not allowed to provide the event with their own meals or drinks except for the prior proper written agreement with the Hotel. In such cases the Hotel charges the customer with a service fee.
- The organizer of the event and the event submitter are requested to pay jointly and severally for the consuming of meals and drinks ordered from the party of the event participants over the agreed overall calculation level.
- The organizer of the event and its submitter party are obliged to pay jointly and severally
for the services ordered by the participants’ party of the event over the agreed overall calculation level.
- The Hotel is not liable for the potential infringement of the rights of intellectual property by the Customer party. During the event the organizer /or submitter/ are required to settle in his/her own name, on his/her own responsibility and at his/her own expenses all obligations to organizations protecting copyright.
- The organizer of the event or its submitter are required to inform the Hotel immediately in case if the event might possible evoke public interest, disrupt public order, restrict or threaten the interests of the Hotel or the guests of the Hotel. The Hotel is authorized to take adequate measures to prevent such a circumstance and the Customer is required to bear such measures.
- Advertisements in newspapers or other publications in mass media /printed, electronic etc./, advertisements and announcements targeted to the general public, especially invitations to interviews, political, religious and commercial events which might refer to any relationship with the Hotel, in particular might damage the reputation of the Hotel or might parasite on its image, require the proper prior written consent of the Hotel.
- If the Hotel on the basis of his/her request provides the event organizer with technical or other equipment which is the property of the third person, it acts in the name of the organizer/submitter, on the behalf of the event organizer/submitter and charging the organizer/submitter a particular value of the service. Therefore the Hotel does not gain any obligations to the third person and claims of the third person resulting from the use of the above mentioned equipment; such claims only refer to the organizers of the event.
- Use of his/her own electrical, electronic technical equipment of the organizer or the submitter of the event when using the electrical network of the Hotel requires the written consent of the Hotel. The Hotel is authorized to charge separately the use of such kinds of equipment which might increase the costs on energy supply or operating costs of the Hotel above the usual amount.
- The organizer/submitter/ of the event is fully obliged to reimburse the costs spent on return to an original state for those shortcomings or damages which had occurred at technical equipment of the hotel as a result of its use. The Hotel is authorized with an assistance of its employees or the third person to inspect such kinds of equipment and to prevent, if necessary, such a circumstance and the Customer is obliged to bear such measures.
- The organizer /submitter/of the event is fully responsible for safety of the technical, electric or electronic organizer´s /submitter´s/equipment which is used during the event.
- Any decorative material or object used during the event must comply with statutory fire requirements. The Hotel is authorized to require the official conclusion of referring public authorities. In order to prevent the occurrence of possible damage it is necessary to agree the installation and placing the further added materials with the Hotel in advance.
- Exhibition and other items introduced during the event must be removed immediately after the end of the event. If the organizer or the submitter of the event omits this condition and leaves these items in the area where the event had been held, the Hotel is authorized to charge the area until the time of this items´ removal. The Hotel is also authorized to remove and store the above mentioned items charging the organizer or the submitter of the event without signing an agreement on a custody or storage of these items.
VII. The services deposit
- Unless the Hotel has not signed any other written agreement, it is authorized to require a deposit payment as follows:
- for events up to 50 people – 50% - 80% of the total price of the reserved services at the latest 14 days before the event to be held
- for events consisting of more than 50 people – 25% - 50% of the total price of the reserved services at the latest 60 days before the event to be held and another 50% of the total price of the reserved services at the latest 30 days before the event to be held.
- When submission a wedding the Hotel is authorised to require a non-refundable deposit in the amount of 1 000 Euros upon the confirmation of the binding reservation.
- Prepayment of the deposit payment is regarded as a confirmation of the commitment of the agreement. The prepaid deposit is not refunded in case of cancellation, it is further regarded as flat-rate compensation / loss of profit/.
- In case if the deposit will not be paid in time, the Hotel is authorized to cancel the reservation without prior warning.
VIII. Withdrawal, the reservation cancellation. Cancellation conditions
- The Customer is authorized to cancel the reserved services or the event.
- In case of cancellation of the reserved events or services the Hotel is entitled to require a compensation which is further regarded as cancellation fee which is calculated via the percentage amount of the determined price of the services or the event, depending on the number of people for whom the reserved event or services were arranged and the period of time that elapsed from the day of cancellation the service or the event and planned beginning of the provision of services or the event. Unless it is not stated or agreed differently, cancellation fees are determined out of the price of the services or the event as follows:
For events with up to 20 roomnights or events without provision of accommodation
with up to 20 people the Hotel is authorized to charge the following cancellation fees:
- cancellation between the 15th – 30th day before the planned beginning of provision the services or events................................................................ 30 % of the estimated price
- cancellation between the 7th – 14th day before the planned beginning of provision the services or events................................................................ 50 % of the estimated price
- cancellation from 6 days and less before the planned beginning of provision the services or events.............................................................. 100 % of the estimated price
For events from 21 room-nights or for events without provision of accommodation
from 21 people the Hotel is authorized to charge the following cancellation fees:
- cancellation during the acceptance of the binding booking up to 121 days before the planned beginning of provision the services or events...................... 10 % of the estimated price
- cancellation between the 61st – 120th day before the planned beginning of provision the services or events................................................................up to 20 % of estimated price
- cancellation between the 31st – 60th day before the planned beginning of provision the services or events................................................................up to 30 % of the estimated price
- cancellation between the 14th – 30th day before the planned beginning of provision the services or events. ...............................................................up to 50 % of estimated price
- cancellation from 14 and less before the planned beginning of provision the services or events............................................................. up to 100 % of the estimated price
- Upon accommodation of the individuals the Hotel is authorized to charge the following cancellation fees, unless it is not stated differently for the further mentioned stays:
- cancellation between the 15th and the 30th day before the planned check-in ................................................................................................ 10% of the price of the stay
- cancellation between the 3rd up to the 15th day before the planned check-in ................................................................................. up to 50 % of the price of the stay
- cancellation during less than 2 days before the planned check-in ................................................................................ up to 100 % of the price of the stay
- in case of cancellation of LAST MINUTE and in case of cancellation of the stay with a value less than the official price list value............... up to 100 % of the price of the stay.
- In case of accommodation for the groups, there are applied cancellation fees stated for the events /point 2/.
- Costs spent by the Hotel on the ordered technical equipment for the needs of securing the event within the scope of costs which incurred by the Hotel and could not be covered by any other use are covered by the Customer in full extent.
- For the provision of catering services the estimated total price is the sum of agreed prices for drinks, meals, rental of premises and fees for other services, and unless the price had not been agreed definitely, the formula for calculation is the following: the lowest price of the banquet menu x number of people.
- Withdrawal from the agreement by the Hotel
- The Hotel is authorized to withdraw from the agreement in case there had been agreed the reservation with the Customer to be able to withdraw from the agreement until the certain period without the payment obligation, therefore the Hotel as a demand for such reserved rooms and the Customer will not renounce his/her right of withdraw after the Hotel requests it back.
- The Hotel is also authorized to withdraw from the agreement in case if:
- this right was agreed with the Customer in a written form for the reasons stated in the contract,
- the Customer does not insist on the obligation of the Hotel, - the Customer has got no outstanding obligations referring to the Hotel,
- a prepayment or deposit payment during the reservation had been agreed and the Customer did not meet his/her obligation in due time, however, the Hotel might withdraw the agreement at the latest until the moment of obligation fulfilment by the Customer,
- there occurred such circumstances which the Hotel is not responsible for,
- circumstances which make the application of the agreement impossible,
- the services or the event were reserved upon submission of false, misleading or incorrect data of the Customer or other essential facts,
- the Hotel suspects that there is an essential reason that the Hotel services could threaten its proper functioning, safety or the image of the Hotel in reference to the public without possibility of being attributed to the owners or the organization of the Hotel.
- Responsibility for the damage caused to the introduced or stored items
- The Hotel is responsible for the damage caused on introduced or stored items which had been brought by accommodated Customers or for their use, unless the damage would be caused in a different way. Introduced /brought/ items are those items which were brought into the Hotel´s premises, which were aimed for accommodation or for storage of the item or which were handed over to one of the Hotel staff for that purpose.
- The Hotel is liable for jewellery, money and other valuable objects only up to 331, 94 EUROS, in case if these objects had been stored and locked at the specially indicated place. The right for damage reimbursement ceases to exist if the Customer has not applied it at the latest until 15 days after the day when the damaged person discovered the damage.
- After providing a parking space in the Hotel garage or in the parking lot there does not arise an agreement on storage or custody. The Hotel is not liable for the loss or damage of the vehicle which had been parked or placed at the Hotel area.
- The hotel is not liable for the accidents at leisure time activities of any kind, unless the damage occurred by the fault of Hotel party as a result of gross negligence or intent.
- Specific regulations
- Pets must not be brought to the Hotel and it is not permitted to accommodate pets at the Hotel.
- Smoking is allowed only at specially indicated places. At any other areas of the Hotel/all other indoor facilities and rooms / smoking is forbidden. In case of violation of this prohibition the Hotel is authorized to impose a fine of 100 Euros for each violation found.
- It is forbidden to bring to the Hotel any hazardous and dangerous substances/explosives and ammunition, corrosives, poisons or toxic substances, infectious or radioactive materials.
- The Hotel receives messages, postal correspondence and parcels and consigned goods intended for Customers. The Hotel will send any correspondence or parcels to the Customer´s request charging a payment.
- The Hotel will only send found items further to the Customer´s request. Those items are stored at the Hotel up to six months. After this period of time, those items of obvious value will be handed over to the competent authorities.
XII. Final regulations
- These General Business Terms and Conditions and legal relationships which are based on them are regulated by the Slovak Body of Laws.
- In case if individual regulations of these General Business Terms and Conditions would be or become ineffective or invalid, the validity or effect of other regulations of these General Business Terms and Conditions would not be affected.
- Customers confirm their acceptance of these valid General Business Terms and Conditions of the Hotel during the application of his/her reservation. The Hotel is authorized to change these General Business Terms and Conditions. The obligation to notify the General Business Terms and Conditions in a written form is considered fulfilled by placing them at available places in the premises of the Hotel and on the website of the Hotel www.thermalsirava.sk.
Kaluža, the 3rd of April, 2018
Juraj Naščák (engineer)
Manager of the Thermal ŠÍRAVA SPA RESORT