General Terms and Conditions

Terms and Conditions

The Diocese of Ostrava-Opava, Company ID No.: 65468953, with its registered office at Kostelní nám. 3172/1, 702 00 Ostrava, email address ubytovani@doo.cz, tel. +420 731 625 715, registered in the Register of Legal Entities maintained by the Ministry of Culture of the Czech Republic under registration number: 8/1-08/1996 (hereinafter referred to as the “accommodation provider”), for the provision of accommodation services through the website located at www.apartmanyutrojice.cz or via email.

1. Purpose of the Terms and Conditions1.1. The purpose of these Terms and Conditions is to regulate the mutual rights and obligations between the accommodation provider and the person (hereinafter referred to as the “customer”) who places an order in the ordering interface on the website www.apartmanyutrojice.cz or via email. These Terms and Conditions apply to customers who are consumers, self-employed individuals, or legal entities.
2. Conclusion of the Accommodation Agreement2.1. Conclusion of the accommodation agreement through the website www.apartmanyutrojice.cz.2.2. Conclusion of the accommodation agreement via email.2.3. The accommodation provider shall notify the customer without delay after receiving an order pursuant to Section 2.1.1 of these Terms and Conditions or an order pursuant to Section 2.2.1 of these Terms and Conditions (hereinafter referred to as the “order”) that it has been received.2.4. The accommodation agreement is concluded at the moment when the accommodation provider sends the customer confirmation of the order to the customer’s email address (hereinafter referred to as the “accommodation voucher”). The accommodation provider shall also send the customer these Terms and Conditions and the accommodation rules.2.5. The accommodation provider shall send the customer the accommodation voucher only after payment of the deposit pursuant to Section 5.2 of these Terms and Conditions.2.6. The accommodation voucher contains all essential elements of the accommodation agreement, including in particular the identification of the accommodation provider and the customer, the number of accommodated persons, the accommodation dates, the specification of the accommodation space, and the accommodation price.2.7. The customer is obliged to check the accuracy of the information stated in the accommodation voucher. If any discrepancies are discovered, the customer is obliged to contact the accommodation provider without undue delay by email at the above-mentioned email address or by telephone using the above-mentioned telephone contact, and the accommodation provider is obliged to provide cooperation in removing or explaining the discrepancies.
   1. 2.1.1. By placing an order in the ordering interface on the website www.apartmanyutrojice.cz consisting mainly of entering the number of accommodated persons, selecting the accommodation dates, selecting the accommodation facility, selecting the room (the accommodation facility and room hereinafter jointly referred to as the “accommodation space”), entering the ordering party’s contact details, and clicking the “ZÁVAZNĚ OBJEDNAT” button to submit it, constitutes an offer to the accommodation provider to conclude an accommodation agreement (hereinafter referred to as the “accommodation agreement”). 2.1.2. The ordering party is obliged to provide all requested data completely and truthfully, and is entitled to edit and change it until clicking the “ZÁVAZNĚ OBJEDNAT” button.
      2.2.1. The ordering party makes an offer to the accommodation provider to conclude an accommodation agreement by placing an order through the submission of a scanned and signed accommodation binding order form, which was sent to the ordering party by the accommodation provider at the ordering party’s email address, to the email address ubytovani@doo.cz. In the accommodation binding order form, the ordering party enters, in particular, the number of accommodated persons, the selected accommodation dates, the selected accommodation space, and the ordering party’s contact details. 2.2.2. The ordering party is obliged to provide all requested data completely and truthfully, and is entitled to edit and change it until the scanned and signed accommodation binding order form is sent to the accommodation provider’s email address.
3. Content of the accommodation agreement3.1. By concluding the accommodation agreement, the accommodation provider undertakes to provide accommodation (hereinafter referred to as the “subject of performance”) in accordance with the specification contained in the accommodation voucher, temporarily for the agreed period, for the agreed number of accommodated persons, and in the agreed accommodation space.3.2. By concluding the accommodation agreement, the ordering party undertakes to pay the accommodation provider the price for the subject of performance under the conditions set out in Section 5.4 of these Terms and Conditions.3.3. The ordering party concludes the accommodation agreement for the benefit of the persons who will be accommodated in the accommodation space on its basis.
4. Rights and obligations of the contracting parties4.1. The ordering party declares that it has familiarized itself with the accommodation rules of the selected accommodation facility (hereinafter referred to as the “accommodation rules”), which are located here (hypertext link to the folder in which all accommodation rules will be located), and that it has also familiarized all persons (hereinafter referred to as the “accommodated persons”) in whose benefit the accommodation agreement is concluded pursuant to Section 3.3 of these Terms and Conditions with them. accommodation agreement is concluded .4.2. The ordering party is responsible for compliance with the accommodation rules by all accommodated persons.4.3. The ordering party acknowledges that the accommodation rules are also available in a publicly accessible area in a visible location within the accommodation facility.4.4. The accommodation rules form an integral part of these Terms and Conditions and, consequently, of the accommodation agreement.4.5. The accommodation provider shall provide the accommodated person with the subject of performance to the agreed extent and quality.
5. Price for the subject of performance5.1. The price for the subject of performance is stated on www.apartmanyutrojice.cz when selecting a specific accommodation space, in the ordering interface on the website www.apartmanyutrojice.cz, in the accommodation binding order form, and subsequently also in the accommodation voucher.5.2. After submitting the offer to conclude the accommodation agreement, the accommodation provider will send the ordering party an advance invoice for payment of 50% of the price for the subject of performance. 5.3. The ordering party is obliged to pay the advance by cashless transfer to the accommodation provider’s bank account in accordance with the accommodation provider’s instructions. 5.4. Part of the price for the subject of performance is paid automatically by set-off against the advance pursuant to Section 5.2 of these Terms and Conditions, on the date the accommodation agreement is concluded. The remaining part of the price for the subject of performance is due upon arrival at the accommodation facility, on the basis of an invoice issued by the accommodation provider.5.5. The price for the subject of performance does not include the recreational fee, which is collected in the amount stipulated by the generally binding ordinance of the relevant municipality. The amount of the fee is stated separately on www.apartmanyutrojice.cz, when selecting a specific accommodation space. The amount of the recreational fee will also be confirmed by the ordering party in the accommodation voucher. If the amount of the recreational fee changes, the accommodation provider will charge the recreational fee at this new amount. The recreational fee will be charged to the ordering party by the accommodation provider upon arrival at the accommodation facility, depending on the specific number of accommodated persons.5.6. The Customer agrees to pay the balance for the stay consisting of the payment of the recreational fee upon arrival at the accommodation facility, based on an invoice issued by the Accommodation Provider.5.7. If the Customer and the Accommodation Provider agree during the performance of the subject matter on an extension of the accommodation, the Customer agrees to pay the balance for the stay consisting of the price for this extension before commencing use of this extended subject matter of performance, to the Customer through the administrator of the accommodation facility.
6. Cancellation Conditions6.1. The Accommodation Provider informs the Customer who is a consumer that, pursuant to Section 1837(j) of Act No. 89/2012 Coll., the Civil Code, they do not have the right to withdraw from the contract within the 14-day period.6.2. The Accommodation Provider allows the Customer to withdraw from the accommodation contract at any time under the conditions agreed below, for example by means of the model form available here (hyperlink directly to the form).6.3. Withdrawal from the accommodation contract must be made in writing. Withdrawal from the contract takes effect upon its delivery to the Accommodation Provider.6.4. If the Customer withdraws from the accommodation contract:6.5. These rules do not apply to situations where different conditions, e.g. a “non-refundable reservation”, are stated on the website.6.6. The cancellation fee becomes due upon withdrawal from the contract.6.7. The Accommodation Provider undertakes to return to the Customer the funds received from them within 30 days of the date on which the withdrawal from the contract is delivered to the Accommodation Provider, to the bank account from which the funds were transferred to the Accommodation Provider’s bank account. The Accommodation Provider is entitled to set off its claim for payment of the cancellation fee against the Customer’s claim under the preceding sentence.
   1. 6.4.1. more than 30 days before the agreed commencement of use of the subject matter of performance, the Accommodation Provider is not entitled to charge any fee.6.4.2. 30 to 10 days before the agreed commencement of use of the subject matter of performance, the Accommodation Provider is entitled to charge a cancellation fee of 50% of the price of the subject matter of performance.6.4.3. less than 10 days before the agreed commencement of use of the subject matter of performance, the Accommodation Provider is entitled to charge a cancellation fee of 100% of the price of the subject matter of performance.
7. Withdrawal from the Accommodation Contract by the Accommodation Provider7.1. In addition to the statutory grounds, the Accommodation Provider reserves the right to withdraw from the accommodation contract in the following cases:7.2. The Accommodation Provider undertakes to withdraw from the accommodation contract by email sent to the email address provided by the Customer when creating the order or through which the Customer subsequently communicated with the Accommodation Provider. Withdrawal from the contract is effective upon its sending in accordance with the preceding sentence.7.3. The Accommodation Provider undertakes to return to the Customer the funds received from them within 5 days of the date on which withdrawal from the contract takes effect, to the bank account from which the funds were transferred to the Accommodation Provider’s bank account.
   1. 7.1.1. a completely obviously incorrect price for the subject matter of performance was agreed due to a technical error,7.1.2. the subject matter of performance becomes objectively impossible or unlawful.
8. Rights Arising from Defective Performance8.1. Rights arising from defective performance are governed by the applicable generally binding legislation, in particular Sections 1914 to 1925 of Act No. 89/2012 Coll., the Civil Code.8.2. The Accommodation Provider is liable for ensuring that the subject matter of performance is free of defects, is provided in accordance with the accommodation contract, and complies with legal requirements. The subject matter of performance is free of defects and provided in accordance with the accommodation contract if it corresponds to the description provided at www.apartmanyutrojice.cz, if it is provided on the agreed date, and if it continues for the agreed period. The Customer is not entitled to rights arising from defective performance if they knew about the defect before the subject matter of performance was provided or if they caused the defect themselves.8.3. The Customer or accommodated guest is obliged to notify the Accommodation Provider of a defect without undue delay after becoming aware of it, but no later than within 6 months, either by identifying the defect or by notifying the Accommodation Provider of how it manifests itself. If the Customer or accommodated guest fails to report the defect in time, the Accommodation Provider is not obliged to grant rights arising from defective performance. The Customer or accommodated guest is obliged to allow the Accommodation Provider to examine the defect, including during the provision of the subject matter of performance.8.4. If the defect can be remedied, the Customer or accommodated guest may demand either repair or completion of what is missing, or a reasonable discount on the price. If the defect cannot be remedied and the subject matter cannot be properly used because of it, the Customer or Accommodation Provider may either withdraw from the contract or demand a reasonable discount on the price. If the Customer or accommodated guest does not choose any method of resolution, they are entitled to free remedy of the service or a reasonable discount on the price.8.5. Claims for defects may be made and rights arising from defective performance may be exercised against the accommodation provider through the accommodation facility manager, or by telephone, e-mail or in writing directly with the accommodation provider, in accordance with the accommodation provider’s contact details specified in the introduction to these terms and conditions.8.6. The customer or guest must exercise rights arising from defective performance when notifying the defect or without undue delay thereafter.8.7. The accommodation provider undertakes to process the complaint without undue delay during the provision of the subject matter of the performance, but no later than 30 days from the date on which the rights arising from defective performance are exercised. The accommodation provider shall issue written confirmation of the submission and settlement of the complaint.8.8. In accordance with the Civil Code, the customer is entitled to reimbursement of costs reasonably incurred in exercising rights arising from defective performance. The customer or guest has this right only if it is exercised within one month after expiry of the period during which the defect must be notified.
9. Final provisions9.1. The accommodation contract, or the relevant accommodation voucher, will be stored in the accommodation provider’s electronic archive.9.2. Any disputes arising on the basis of the accommodation contract shall be resolved exclusively under the laws of the Czech Republic and by the competent courts of the Czech Republic. If the customer is a self-employed individual or a legal entity, the locally competent court shall be the general court of the accommodation provider.9.3. Any disputes between the accommodation provider and the customer may also be resolved out of court. In such a case, a customer who is a consumer may contact the entity responsible for out-of-court dispute resolution, namely the Czech Trade Inspection Authority. More information on out-of-court dispute resolution can be found here (hyperlink to: https://www.coi.cz/informace-o-adr/). 9.4. The contract is concluded in the Czech language. If a translation of the accommodation contract is prepared for the customer’s needs, then in the event of a dispute concerning the interpretation of terms, the Czech-language version of the contract shall prevail.
10. Out-of-court dispute resolution10.1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: https://adr.coi.cz/cs, is competent for the out-of-court resolution of consumer disputes arising from a purchase contract. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the seller and the buyer arising from a purchase contract.10.2. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).10.3. These terms and conditions become valid and effective on 24 May 2021.