Všeobecné obchodní podmínky

These general terms and conditions (hereinafter referred to as „GTC“) apply to the procedure for concluding an accommodation contract and regulate the general rights and obligations between the accommodated person (hereinafter referred to as „client“) and the operator TO MĚ POSED s.r.o. (hereinafter referred to as „accomodtion“). The contractual relationship between the accommodation provider and the client is governed by the relevant accommodation contract concluded between the accommodation provider and the client, and these GTC. If a provision is not expressly regulated, the relevant provisions of the Civil Code shall apply. The provisions of these GTC shall be preceded by individual agreements contained in the accommodation contract, or the written confirmation of the accommodation provider's reservation and/or their annexes. The accommodation provider reserves the right to state in its offers and/or advertising materials other conditions that take precedence over these GTC.

2.1 The accommodation provider offers accommodation and other related services to clients without obligation via its website www.domkov.cz, via approved intermediaries and via the accommodation provider's advertising materials (hereinafter referred to as the 'offer'). The information contained in the offer is for informational purposes only. This indicative offer is not an offer within the meaning of Section 1731 or Section 1732 of the Civil Code, nor is it a public promise pursuant to Section 1733 of the Civil Code. This indicative offer does not entitle the client to conclude an accommodation contract. The offer is valid for the period and under the conditions stated therein, while the accommodation provider reserves the right to unilaterally change or specify the specific conditions of the given offer before concluding an accommodation contract.

2.2 The client sends the accommodation provider a request for accommodation and services (hereinafter referred to as the 'Order') via the electronic reservation form located on the accommodation provider's website www.domkov.cz or in another manner. By sending the Order to the Accommodation Provider, the Client confirms that he/she has fully read these GTC, agrees with them and acknowledges them as conditions and an integral part of the accommodation contract. The Client is obliged to fill in the data in the reservation form completely (including any IČO and DIČ) and truthfully, and further or other changes after sending it via the reservation form are not possible. The Accommodation Provider reserves the unlimited right to reject the Order, even without stating a reason.

2.3 Upon receipt of the Client's Order, the Accommodation Provider will verify the capacities and other conditions and will send the Client a written confirmation of acceptance of the Order by e-mail with the specific conditions of the Accommodation Provider's binding offer, where it will state the binding calculation of the price of accommodation and services, payment terms and payment instructions, stating the following data: identification and contact details of the Accommodation Provider, identification and contact details of the Client, date of stay, type of accommodation facility and instructions for payment of the total price (hereinafter referred to as the 'Reservation').

2.4 In the event of acceptance of the delivered Reservation by the Accommodation Provider, the Client is obliged to pay the total price in the manner and under the payment terms specified in the Reservation.

2.4.1 Deposit: If the Accommodation Provider has specified a deposit for the total price in the payment terms of the Reservation, an accommodation contract is concluded between the Client and the Accommodation Provider, which includes these GTC, for the accommodation and services specified in the Reservation. If the Client does not pay the Accommodation Provider a deposit within the period specified in the payment terms, it is considered that the Client has accepted the Reservation terms and the accommodation contract has been concluded. If a deposit was not specified in the payment terms of the Reservation, the Client is obliged to pay the total price of the accommodation and services within the period specified in the payment terms of the Reservation or in the invoice, otherwise the cancellation conditions that are part of the GTC apply to the reservation.

2.5 If there are errors in writing or calculation (in particular, a clearly unreasonable price for accommodation and/or services) or other incorrect data or other discrepancies in the Offer, Order, Reservation and/or Reservation Confirmation, the accommodation provider reserves the right to correct these errors or correct other discrepancies, which he will do himself or based on the written request of the client.

3.1 The accommodation provider has the right to require the client to pay the total price of the accommodation and services specified in the Reservation before they are provided, or to pay an advance, if this results from these GTC or the Reservation.

3.2 The payment terms and the maturity date of the total price vary depending on the time before the client starts the accommodation. The maturity date of the total price of the accommodation and services is governed by the maturity date of the invoice for the accommodation and services, unless otherwise stated in the payment terms of the Reservation.

3.3 The total price of the accommodation and services is paid, unless otherwise stated in these GTC or the Reservation, usually by bank transfer to the accommodation provider's bank account specified in the payment instructions or in the invoice. Payment means crediting the relevant amount to the accommodation provider's account no later than the last day of the maturity date.

3.4 Failure to meet the deadline for paying the total price or part thereof entitles the accommodation provider to withdraw from the contract and the client is obliged to pay the accommodation provider cancellation fees according to Article VI. of these GTC. Failure to meet the deadline for paying the deposit means that the accommodation contract is not concluded and no claims arise for either party.

4.1 The price of accommodation is understood as the price stated in the Reservation as the price of accommodation for the number of persons stated in the Reservation. The price for services is understood as the price stated in the Reservation as the price of the ordered services. The total price of accommodation and services is understood as the price stated in the Reservation as the total price with any discounts provided, including taxes.

4.2 The Accommodation Provider is not entitled to unilaterally increase the total price during the validity period of the Reservation, except in the following cases: - if there is a change in the Reservation (e.g. change in room type, number of persons, etc.), - if the client does not prove or provide evidence that the conditions for providing the claimed discount have been met, - if there is a change in the legal regulations or value added tax rates - if the period from sending the Reservation to the arrival at the accommodation exceeds four months and during this period the prices of accommodation and/or services of the Accommodation Provider increase, while this increase in the total price does not exceed 15% of the total price stated in the Reservation.

4.3 The Client is entitled to a discount on the total price if, at the latest when sending The Orderer shall inform the Accommodation Provider of all relevant facts for applying the discount according to the Accommodation Provider's conditions for its provision, specified in the Accommodation Provider's offer. At the moment of sending the Order, the Client is not entitled to any other and/or additional discounts. Any discounts announced by the Accommodation Provider after the date of sending the Order by the Client do not entitle the Client to draw on this discount, unless otherwise stated

4.4 The prices of accommodation and services of the Accommodation Provider are set and their payment is made in the legal currency of the Czech Republic, the Czech crown (CZK, CZK). Based on the agreement of the Accommodation Provider and the Client, it is possible to set and pay the price of accommodation and services in EUR. The fixed exchange rate of EUR set by the Accommodation Provider is used to convert the price of accommodation and services in CZK to EUR. For the client and the Accommodation Provider, in the case of an order for accommodation and services, the price of accommodation and services set in EUR in the amount specified in the calculation in the Reservation is binding.

5.1 In the event of circumstances that prevent the accommodation provider from providing the client with accommodation and/or service according to the Reservation, and if it is possible, given the situation, to provide the client with other accommodation and/or a substitute service in the same scope and quality as or at least close to the originally ordered accommodation and/or service, or to provide the same accommodation and/or service on an alternative date, the accommodation provider is entitled and obliged to make appropriate changes. In such a case, the accommodation provider is obliged to inform the client without undue delay about the conditions of this change and to propose this change to the client. In the event of disagreement with the change so notified, the client is entitled to cancel the use of the service, and if the change concerns accommodation, to withdraw from the contract. The accommodation provider is then obliged to return to the client without undue delay after this cancellation of the use of the service the performance attributable to the service thus cancelled and, in the event of withdrawal from the entire contract, to return to the client all performance paid in connection with the contract. The provisions of these GTC on cancellation fees do not apply to performance returned according to this paragraph. If the client does not cancel the use of the service without undue delay after being notified of such a change in the use of the service, or in the case of accommodation, does not withdraw from the contract within 5 days of receiving the notification of such a change, it is considered that he agrees with such a change.

5.2 In the event of the impossibility of providing the client with the ordered and paid service in the scope and quality corresponding to the agreed conditions, the accommodation provider is obliged to return to the client the performance paid by the client for such service. However, in the event that the accommodation provider provides the client with a replacement service of the same or higher scope and/or quality with his consent, such replacement performance by the accommodation provider is considered to be the provision of the originally agreed service, and the client thus has no further claims against the accommodation provider due to the failure to provide the originally ordered and paid service.

5.3 In the event that the client has ordered a single room or a smaller apartment and has received a Reservation, he will be charged the price of accommodation according to the Reservation even if he is provided with a larger room or apartment.

5.4 The accommodation provider is not responsible for changes caused by force majeure, decisions by public authorities, the occurrence of extraordinary circumstances or events that the accommodation provider could not have foreseen or which could not have been prevented even after making all reasonable efforts.

.1 The contracting parties have agreed that the client has the right to terminate the accommodation contract at any time before the start of the accommodation without notice or to withdraw due to a material breach of the accommodation provider's obligations. The contracting parties have further agreed that in the event that the client does not exercise the right to withdraw from the contract, which is granted to him under certain conditions by law or the contract due to a material breach of the accommodation provider's obligations, or in the event of termination or withdrawal from the contract by the accommodation provider due to a breach of the client's obligations, the client is obliged to pay the accommodation provider a cancellation fee. ¨

6.2 The amount of the cancellation fee is agreed depending on the time remaining from the date of delivery of the effective termination of any of the contracting parties or withdrawal from the contract by the accommodation provider until the date of arrival at the accommodation, specified in the Reservation. The amount of the cancellation fee is calculated as a percentage of the total price specified in the Reservation. In the event of such termination or withdrawal: - When cancelling the reservation more than 14 days before the start of the stay is a cancellation without a cancellation fee. -If the reservation is canceled less than 14 days before the start of the stay, the cancellation fee is 100% of the price.

6.3 Notice and withdrawal from the contract must be in writing (email) and must be delivered to the other party to the email address info@domkov.cz. The accommodation contract is canceled on the day when the written notice or withdrawal was delivered to the other party.

6.4 When determining the number of days remaining until the day of arrival at the accommodation for the purposes of calculating the amount of the cancellation fee, this number of days is also included in the day when the written notice or withdrawal was delivered to the other contracting party, but the day of arrival at the accommodation is not included in it.

.5 In the event that the client does not arrive at the accommodation on the day of arrival at the accommodation and/or does not use up the reserved number of days of accommodation and/or ordered services according to the Reservation without the fault of the accommodation provider, the client is not entitled to any financial and/or other compensation and/or provision of alternative accommodation or services in relation to the accommodation provider and the accommodation provider shall be entitled to payment of 100% of the total price of accommodation and services specified in the Reservation.

6.6 After effective termination or withdrawal from the contract, the accommodation provider is obliged to return to the client all payments received from him after deducting the cancellation fee or other payments under the contract, if the total amount of payments paid by the client in accordance with these GTC has not been exhausted, within 14 days of delivery of this termination or withdrawal from the contract. In the event that the payment received from the client, or if the client had arranged cancellation fee insurance, the payment from the Insurer is not sufficient to pay the cancellation fee or other payments under the contract, the client is obliged to transfer the amount owed to the accommodation provider's bank account without undue delay after the effective termination of the contract.

6.7 The accommodation provider is entitled to withdraw from the contract in cases where the client materially breaches the obligations set out in the contract, these GTC and/or the legal regulations of the Czech Republic. The accommodation provider is entitled to terminate the contract without notice before the expiry of the agreed period if the client and/or persons accompanying him/her, despite a warning, grossly violate their obligations arising from the contract, these GTC, accommodation or other operating rules of the accommodation provider or legal regulations of the Czech Republic or good morals. If such a withdrawal or termination of the accommodation provider occurs, the client is obliged to pay the accommodation provider a cancellation fee in the amount according to these GTC.

6.8 Withdrawal or termination of the contract does not affect the accommodation provider's right to pay the total price specified in the Reservation, or the cancellation fee, the rights of the contractual parties to compensation for damage arising from the breach of contractual obligations or agreements which, due to their nature, are intended to bind the parties even after the termination of the contract.

7.1 The basic rights of the client are primarily: the right to provide the ordered and paid accommodation and services to the extent and under the conditions according to the Reservation. - the right to provide information regarding the accommodation and services offered and provided by the accommodation provider. - the right to terminate the contract at any time without notice or to withdraw from the contract due to a material breach of the obligations of the accommodation provider or to cancel the use of the ordered service under the conditions specified in these GTC, the contract or legal regulations of the Czech Republic. - the right to notify the accommodation provider in writing that another person will participate in the accommodation and/or use of the services specified in the Reservation instead of him, provided that such notification also contains a statement by this person (new client) that he agrees with the accommodation, services and their price specified in the Reservation, these GTC and that he meets all the conditions for participation in the accommodation and use of the services, if required. The original and new clients are jointly and severally liable for paying the total price specified in the Reservation and administrative or other costs that the accommodation provider incurs in connection with change of client. the right to complain about incorrectly or poorly provided accommodation or services and their settlement in accordance with these GTC. the right to protection of personal data and other data concerning the client and fellow travelers.

7.2 The basic obligations of the client are in particular: - the obligation to completely and truthfully fill out the Order, any attached forms necessary for the provision of accommodation and services and to present the necessary documents for the identification of the client and fellow travelers upon arrival at the accommodation (valid ID card, valid passport) and, if applicable, to notify the accommodation provider of any change in these data without undue delay or to truthfully fill out all these data within the online check-in application Alfred. - the obligation to notify the accommodation provider of any participation of foreign nationals. - the obligation to notify the accommodation provider of any change in the number of persons using the room and, if the accommodation provider agrees to this change, to write their details to the email info@domkov.cz. In the event of exceeding the maximum permitted number of persons for a given room and/or breach of the obligation to report persons using the facility not listed in the Reservation, the accommodation provider is entitled withdraw from the contract due to its material breach and expel the client, the persons accompanying him and other persons from the accommodation or use of the services, thereby losing the right to the provision of the accommodation and/or services specified in the Reservation, as well as the right to compensation for the paid and unused accommodation and/or services. - obligation to pay the accommodation provider the total price of the accommodation and services in accordance with the payment terms specified in the Reservation and in accordance with these GTC and to prove its payment upon the request of the accommodation provider. - obligation to pay the accommodation provider a cancellation fee in the cases specified in these GTC. - obligation to receive from the accommodation provider the documents necessary for the use of the accommodation and services. - obligation to arrive at the place of use of the accommodation and/or services at the specified time. - obligation to follow the instructions of the accommodation provider's employees, accommodation and other operating rules/manual of the accommodation provider issued for the use and provision of accommodation and use of Domkov services. In the event that the client or persons accompanying him grossly violate the obligations arising from the contract, these GTC or regulations (orders) of the accommodation provider, legal regulations or good morals or disrupt the program or use of accommodation and services of other clients of the accommodation provider, the accommodation provider is entitled to expel the client and the person accompanying him from the accommodation or use of services (terminate the contract without notice period), while this client loses the right to the provision of accommodation and/or services specified in the Reservation, as well as the right to compensation for paid and unconsumed accommodation and/or services. - the obligation of the client and the persons accompanying him to behave in such a way that their behavior does not disrupt or limit the use of accommodation and/or services of other clients of the accommodation provider. - the obligation to pay for damage to the property of the accommodation provider caused by him and/or the persons accompanying him or other persons to whom he has culpably allowed access to the property of the accommodation provider. - animals are allowed for a fee - the obligation of the client to pay the difference in price after the discount specified in the Reservation in the event that the client does not prove to the accommodation provider that he has met the conditions for providing the discount upon arrival at the accommodation and/or before arrival at the services from the price of accommodation and/or services. - the client (whether as a natural person or a legal entity) is responsible for compliance with the obligations arising from the contract, these GTC, the accommodation and operating rules of the accommodation provider and the legal regulations of the Czech Republic by the natural persons listed in the Booking Confirmation and/or those accompanying him/her.

8.1 The client is entitled to complain to the accommodation provider about the quality of the accommodation and/or services provided, if their quality or scope or other conditions do not correspond to the scope, quality and conditions specified in the Reservation. The accommodation provider undertakes to ascertain the circumstances of the complaint without undue delay and, in the event of a justified complaint, to ensure the correction of the defective condition or to provide the client with a discount. The client is obliged to submit a complaint to the accommodation provider without undue delay after discovering the defective provision. Later complaints will not be taken into account.

8.2 Information on out-of-court dispute resolution - The entity responsible for out-of-court dispute resolution (ADR) between the operator and the client arising from the provision of accommodation and related services (consumer disputes) is, pursuant to Section 20e letter d) of Act No. 634/1992 Coll., on Consumer Protection, as amended, the Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company No. 00020869, internet address: http://www.coi.cz/ or another entity authorized by the Ministry of Industry and Trade.

9.1 The accommodation of the client by the accommodation provider is possible from 3:00 p.m. on the day specified in the Reservation as the first day of accommodation. The client is obliged to hand over the cleared object on the last day of accommodation specified in the Reservation no later than 11:00 a.m. In the event of a delay in handing over the cleared object by the client, the accommodation provider is entitled to charge the client a contractual penalty for each commenced hour of delay.

9.2 If the accommodation provider has reasonable suspicion that the client is using the object in violation of the terms and conditions of the Reservation or in violation of the accommodation or operating rules of the accommodation provider or in violation of public order, the accommodation provider is entitled to enter the object and inspect its use.

9.3 The accommodation provider is not liable for damage caused to the functionality of the client's electrical or electronic devices and for any errors or incorrectly provided information about events or services provided by other persons.

9.4 No parking area of ​​the accommodation provider's objects is guarded parking lot.

9.5 By checking the box I agree to the sending of commercial communications by electronic means pursuant to Act No. 480/2004 Coll. and the processing of personal data for these purposes in the reservation form located on the website www.domkov.cz, (hereinafter referred to as the reservation form) and by sending it, the client declares that his data and the information provided are true and correct, that he has been informed of his rights related to the administration and processing of his personal data, in particular that he has rights pursuant to Sections 11, 12, 21 of Act No. 101/2000 Coll., on the protection of personal data, as amended (hereinafter referred to as the Act on the Protection of Personal Data), respectively. has read the content of the Information [KB1] on the processing of personal data and commercial communications available on the website www.domkov.cz, (ii) grants his consent, based on prior instruction: to the processing of his personal data within the meaning of the Personal Data Protection Act by the accommodation provider as the administrator, or by other persons with whom the accommodation provider as the processor concludes a relevant contract pursuant to Section 6 of the Personal Data Protection Act, including the disclosure and transfer of the provided data to these processors and persons pursuant to Section 14 of the Personal Data Protection Act cooperating with the accommodation provider on the basis of a contract, namely to the extent of his name, surname, address, telephone number and e-mail address provided by him in the reservation form (or other demonstrable expression of his will containing this information, if the Order is not made via the website www.domkov.cz) for an indefinite period of time, or until his consent is revoked or refused, or expressing his/her disagreement with the use of the electronic contact specified in the reservation form for the purpose of distributing commercial communications within the meaning of the IS Services Act (i.e. sending commercial communications to the client via electronic means by the accommodation provider and third parties referred to in the previous paragraph), which will include commercial communications relating to products, services, products and activities of both the accommodation provider and third parties referred to in the previous paragraph.