Terms and conditions

General Business Terms and Conditions No. 2/2014

Amade Château Hotel

Dvojrad 333, 930 25 Vrakúň

Article I.

Introductory Provisions, Purpose, Area of Applicability

 

1.       The operator of the Amade Château Hotel *****, Dvojrad 333, 930 25 Vrakúň (hereinafter referred to as the “hotel”) is BOKADA a.s., with its registered office in Sasinková 12, 811 08 Bratislava, Company ID: 35 921 340, registered in the Commercial Registry of the District Court of Bratislava I, Division: Sa, Insert No.:5012/B.

2.       The purpose of the present General Business Terms and Conditions (hereinafter referred to as the "GBTC") is creating a legal framework of relations between the hotel operator and its clients with the aim to inform the client about the conditions of services provided.

3.       The present General Business Terms and Conditions form an inseparable part of every contract (agreement) and order, the subject of which is the hotel´s liability to provide the client with certain services and the client´s liability to pay the agreed price for the services provided.

4.       It applies that the client is familiar with the present General Business Terms and Conditions, unless the client proves that the access to them was restricted and/or prevented due to the hotel´s fault.

5.       The present General Business Terms and Conditions become binding for the hotel on the day they are published and for the client at the moment of service ordering.

 

Article II.

Definition of Terms

For the purposes of the present Contract the following terms shall have the meaning assigned to them:

a)   Client is every natural person or legal entity that makes a contract of services with the hotel or sends a binding order to the hotel.

b)   Hotel is the Amade Château Hotel*****, Dvojrad 333, 9360 25 Vrakúň operated by BOKADA a.s., with the registered office in Sasinková 12, 811 08 Bratislava, Company ID: 35 921 340, registered in the Commercial Registry of the District Court of Bratislava I, Division: Sa, Insert No. 5022/B;

c)  contracting parties are the hotel and the clients.

d) Service is any service provided by the hotel in compliance with its business activity, especially accommodation, catering, wellness and congress services.

e) Individual client means usually 1 up to 5 people, who order together the hotel services and book accommodation in the hotel for the same date of arrival and departure.

f) Group is usually 6 and more people, who order together the hotel services and book accommodation in the hotel for the same date of arrival and departure.

g) Event is a social event attended by a larger number of people, which is linked with the provision of several types of hotel services.

h) Event organiser is every natural person or legal entity arranging the event in terms of organisation, technically or in other ways on behalf or for the benefit of the client, and with this aim enters into a contract with the hotel; unless agreed otherwise it is understood that the event organiser (client) is the organiser.

i)   Payment moment is the moment, when the party entitled obtains the possibility to handle the funds paid i.e. the day of funds crediting to the account, receipt in the cash-desk, etc.

j)   Loss is the actual loss and lost profit. The loss is compensated in money; however, if so required by the party entitled and if possible the loss shall be compensated by putting things into original condition.

Article III.

Signing of Contract

 

1.       Signing of contract means especially an agreement of services between the client and the hotel based on the client´s request confirmed by the hotel. The request according to the previous sentence (hereinafter referred to as the "order") is provided by the client to the hotel in person, by phone, in writing, by fax or e-mail. The contractual relation is established by the client´s order confirmation (in writing, by fax or e-mail) by the hotel.

2.       By signing the contract the hotel undertakes to provide the client with the services in the agreed scope and quality, whereas the hotel at the same time assumes the right to claim the agreed price payment and compensation of potential loss caused in relation to the use of hotel services from the client.

3.       With group orders or regularly repeated orders the contracting parties are entitled to enter into a written framework contract; if the contracting parties sign the written contract and the contract or parts of it do not comply with the provisions of the GBTC, the provisions of such contract shall prevail over the provisions of the present GBTC. The validity of the present GBTC shall not be thereby affected. This also applies to individual contracts.

4.       A contract may also be made by means of an intermediary, whereas the intermediary acts as the party liable towards the hotel, unless the hotel issues a written consent with the change of the party liable.

Article IV.

Accommodation Services ˗ Individual Clients

 

5.       The hotel is obliged to provide the client with the booked rooms after 2 p.m. on the agreed date of arrival; the client is entitled to have the room booked ready before the stated time only if the consent with it was granted when the contract was signed. The client is not entitled for getting a specific room unless agreeing with the hotel separately.

6.       On the agreed date of departure the client is obliged to free and leave the room latest before 12:00 a.m. on the agreed day of departure, unless agreed otherwise before. If the client hands the room over after the stated deadline, the hotel is entitled to charge the amount of EUR 20 per one hour till 3 p.m. and full charge for the room after 3 p.m.

7.       The hotel is obliged to provide the client with the possibility to store valuable items or items of high financial, social or intellectual value at a safe place (in a hotel safe box). If the client does not exercise the right, the hotel shall only be liable for the potential loss caused by the loss, misuse, damage, theft or other way in a limited scope. The client´s right to use the room safe-box shall not be thereby affected.

8.       The client´s stay in the hotel is regulated by the Accommodation Guidelines of Amade Château***** and its operating guidelines. The guidelines are binding for the hotel guests.

9.       When moving to the room, the client is obliged to report any drawbacks, discrepancies or reservations at the hotel reception immediately after learning about them.

10.   The client is obliged to proceed in the same way also if learning about any damage in the room or on its inventory. If the hotel learns about the room or its inventory damage after the client´s stay end, without having the facts reported by the client at the hotel reception, the client is obliged to compensate the hotel for the loss caused by damaging the room or its inventory in full.

11.   The client accommodated in the hotel before 6 a.m. is obliged to pay the price for the accommodation for the whole night before. From the client requesting the accommodation before 10 a.m. and if the room was not rented the day before, the hotel is entitled to claim the payment of 50% of the accommodation price for the whole night before.

12.   If the client wishes to have a guaranteed booking, the hotel is entitled to claim the payment of an advance in the amount of 100% from the total booking price from the client. Booking is guaranteed by the hotel from the moment of advance payment (hereinafter referred to as the "guaranteed booking").

13.   The hotel is entitled to provide the rooms booked into which the client does not move till 6 p.m. on the day of arrival to another client; this does not apply if a later arrival of the client was expressly agreed upon.

Article V.

Accommodation Services – Groups

Unless stated otherwise in this Article, the provisions of the Article IV. hereunder apply to the accommodation of groups.

Article VI.

Events

14.   For arranging and proper preparation of an event the organiser is obliged to notify the hotel about the final number of attendants latest 5 working days before the event date.

15.   If the scope of services provided by the hotel changes due to the reasons on client´s side, the hotel shall provide extended services according to its own possibilities. However, the client does not have a legal claim for extending the scope of services provided, whereas the hotel is obliged to treat such request with proper care.

16.   If the number of attendants increases, the basis for the final charge is the actual number of attendants. Any increase by more than 5% must be approved by the hotel in advance.

17.   With the increase of an event attendants by more than 10% the hotel is entitled to review and change the price agreed.

18.   With events lasting longer than till 10 p.m. the hotel is entitled to charge an additional charge for services after 10 p.m. in compliance with the current price list of services according to the services or merchandise provided, unless the reward agrees includes the reward for the event also after 10 p.m.

19.   The event organiser and/or its customer in principle are not entitled to supply own meals or drinks for the event unless agreed otherwise with the hotel in writing. In such instances the hotel is entitled to charge the organiser for a service fee or additional fee for uncorking.

20.   The event organiser and/or its customer are liable jointly and severally to pay for the meals and drinks ordered by the attendants over the scope agreed upon in the price quotation.

21.    The organiser and/or its customer are jointly and severally liable to pay for the services ordered by the attendants over the scope agreed upon in the price quotation.

22.   At the event, the organiser and/or its customer are obliged to settle in their own name, at their own risk and own costs the liabilities towards the copyright protection organisations. The hotel shall not be liable for any potential violation of the intellectual property rights.

23.   The event organiser and/or its customer are obliged to inform the hotel without any useless delay, if the event can disturb the public order and restrict or endanger the interests of the hotel and other clients in the hotel. The hotel is entitled to take appropriate measures to prevent such situation and the client shall be obliged to accept them.

24.   Any adverts in print or electronic media, advertisement and announcement for broad public, especially information about political, religions and commercial events referring to any relation to the hotel that could harm the good repute of the hotel or showing the signs parasitizing on its repute require a prior written approval by the hotel.

25.   If the hotel procures technical, electronic or other equipment from third parties based on the event organiser’s or its customer´s requirements, it shall always act on behalf, based on the authorisation and on the account of the event organiser or its customer.

26.   Use of own technical, electronic or electric devices of the event organiser and/or of its customer while using hotel´s electronic or other cable distributions shall be approved by the hotel. The hotel reserves the right to charge extra such devices and equipment that increase the costs of energy supply and hotel operation over the usual scope. If any failures or damages on technical or other equipment of the hotel occur due to the use of such equipment, the event organiser and/or its customer will be jointly and severally liable to cover the expenses linked to putting them into the original condition. The hotel reserves the right to inspect by means of its employees and third persons such equipment at its own costs and to take measures to prevent such situation and the client is obliged to suffer such measures.

27.   The event organiser or its customer shall be fully liable for the safety of used technical, electronic or electric equipment of the event organiser or its customer.

28.   Any decorative materials and items brought in for the event by the event organiser and/or its customer must comply with legal fire-prevention requirements. In this respect the hotel is entitled to claim the standpoint of the appropriate bodies of public administration. To prevent possible loss the event organiser and/or its customer are obliged to agree upon the installation and placement of such items with the hotel in advance.

29.   Any decorative materials and items must be removed immediately after the end of the event by the event organiser and/or its customer, unless agreed otherwise. If failing to fulfil this obligation the hotel shall be entitled to charge the rental for the time when the decorative materials and items remain in the room according to the current price list of services. The hotel is also entitled to remove and store such items at the costs of the event organiser and/or its customer.

Article VII.

Purchase and Validity of Gift Vouchers

 

1.       The client may purchase a gift voucher according to the valid price list at the main hotel reception.

2.       The subject of the gift voucher may be accommodation, Wellness&Spa services, restaurant services or special packages.

3. The payment for the gift voucher is done directly at the hotel reception by cash payment or by a card payment. After the agreement with the hotel the client has the possibility to pay for the gift voucher by a bank transfer according to an advance invoice. After the payment the hotel shall send a proper invoice with the gift voucher to the address provided by the client.

4.       The voucher validity is 12 months maximum from the date of issuing. An exception applies to gift vouchers with the validity agreed upon on a case-by-case basis with the client.

5.       The validity of the gift voucher may be extended.

6. When purchased the gift voucher may not be refunded in cash and it is non-returnable.

 

Article VIII.

Prices for Services Provided by the Hotel and Payment Conditions

1. The client is obliged to pay the agreed price for the services used; the same applies for the hotel services provided by the hotel according to the express request of the client to third parties.

2. Unless agreed otherwise the agreed price that the client is obliged to pay for the ordered hotel services results from the applicable hotel price list. The hotel is obliged to publish the price list in a usual way, especially on its web site, at the reception and/or in its other operations.

3. The prices indicated in the hotel price list are final and include the value added price, however, not the local taxes. If the time between making the contract and service provision exceeds six (6) months and the hotel prices for such services increase, the hotel is entitled to increase the price agreed upon in the contract appropriately, however, by 5% maximum.

4. The hotel may only change the price agreed upon in the contract, if the client additionally changes the number of rooms booked, scope of hotel services, stay period, etc. with the hotel´s consent.

5. When making the contract, the hotel is entitled to claim an advance payment. The amount of advance payment and its due dates may be agreed upon in writing in the contract.

6.       If the client is in delay with the payment, the hotel is entitled to claim delay interests in the statutory amount from the outstanding amount for every day of delay. The claims from loss compensation are not thereby affected. If the client is in delay with the payment, and is warned by the hotel accordingly in writing, the client loses the claim for any discounts provided for the ordered services and the hotel is entitled to charge the full usual price without any discount. In that case the client is obliged to compensate the hotel for all supportably incurred expenses on services provided without any discounts and benefits.

7. A payment by a credit card may be made before and also after the use of hotel services, based on the data needed for the payment and provided by the client. The hotel reserves the right to charge any differences found after the client´s departure (e.g. consumption from the minibar, loss compensation, fines, etc.) additionally from the client´s credit card and the client grants its express consent with it when placing the order; in that case the hotel is obliged to inform the client in writing about any additional settlement of differences from the client´s credit card and about reasons of such additional charge.

Article IX.

Advance for Services

1. Unless there is other written agreement made with the hotel, the hotel is entitled to claim the advance payment as follows:

a) for an event with up to 50 people 75% of the total price of services ordered (according to approved price quotation), latest 14 days before the event

b) for an event with more than 50 people 75% of the total price of services ordered (according to approved price quotation), latest 30 days before the event.

  1. The payment of advance is a confirmation that the contract is binding. If cancelled, the advance payment is regulated by the applicable cancelation terms and conditions.
  2. If the advance is not paid in due time, the hotel reserves the right to cancel the booking without any prior warning.

 

Article X.

Cancellation Terms and Conditions – Group, Individual Clients

1. The client has the right to cancel the services or event ordered at any time. Cancellation must take place in writing and sufficiently in advance.

2. As the general compensation the hotel is entitled for an indemnification in the form of a cancellation fee determined as a percentage from the advance for services or event depending on the time period between the date of service or event cancellation and the planned start of service or event.

3. Unless stipulated otherwise, the cancellation fees determined from the advance are as follows:

With events bindingly booked according to the Article IX., point 1., the hotel is entitled to charge the following cancellation fees.

·       cancellation in writing, up to 15 days before the planned arrival, the hotel charges no cancellation fee

·       cancellation in writing 5-15 days before the planned arrival, the hotel has the right to charge 40% from t eh paid advance in the amount of 75% of expected expenses

·       cancellation in writing 1-4 days before the planned arrival, the hotel has the right to charge 60% of the paid advance in the amount of 75% of expected expenses

·       cancellation on the day of planned arrival, the hotel has the right to charge 100% of the paid advance in the amount of 75% of expected expenses.

4. The hotel is entitled to charge the following cancellation fees to individual clients:

·       The client has the right to cancel the booking free of charge, the confirmed booking is cancelled latest on the day of planned arrival before 12 a.m. in writing

·       If the client cancels the confirmed booking on the day of planned arrival after 12 a.m. the hotel has the right to charge 100 % from the first day of confirmed booking.

5. In the case of partial cancellation of services or event (e.g. less people, shorter stay or reduced services) by more than 30% of the total order value, the cancellation fee applies only to the difference between the original and new prices calculated after the consideration of the partial cancellation.

6. Unless the contracting parties agree otherwise, if changing the date of guaranteed booking the hotel is entitled to claim the cancellation fee determined as a percentage from the determined price of services or event depending on the period of time that lapsed between the date of date change and planned start of services or event, whereas to determine the amount of cancellation fees the provisions of the former paragraph of this article shall apply accordingly.

7. Change in guaranteed booking increasing the number of rooms, guests, period of stay and other required services without the change in the dates is not subject to cancellation fees.

8. If the hotel assumes the right for the cancellation fee, the hotel is obliged to send a notification to the client 14 days from the start of the claim for the cancellation fee with the calculation of the amount of such cancellation fee and its due date.

9.  Expenses on technical equipment, decoration, etc. ordered by the hotel and provided by a third party for the events that cannot be used in other way shall be fully covered by the client in the amount of costs incurred by the hotel.

10. In special instances (illness, death, etc.) the hotel may waive of the claim for the cancellation fee, namely based on the supportable evidence about the serious reason of cancelling the stay or event.

Article XI.

Rescinding from the Contract by the Hotel

 

1. The hotel is only entitled to rescind from the Contract if:

a) the right is agreed upon in writing with the client and for the reasons indicated in the contract,

b) the client does not insist on the fulfilment by the hotel,

c) the client has liabilities against the hotel after the due date,

d) advance payment was agreed upon at the booking and the client fails to fulfil its obligation in time, however, the hotel may rescind from the contract latest till the moment of the obligation fulfilment by the client,

e) circumstances emerge for which the hotel is not liable and which make the contract fulfilment impossible,

f) the rooms were booked according to misleading or incorrect data of the client or other material facts,

g) the hotel has a reasonable reason to suspect that the use of hotel services could endanger proper hotel operation, its safety or repute among public and this cannot be assigned to the hotel operator.

2. If the client pays the advance payment in advance in the amount of 75% minimum, the hotel is only entitled to rescind from the contract if:

a) the right is expressly agreed upon with the client and for the reasons indicated in the contract,

b) the client does not insist on fulfilment by the hotel,

c) circumstances emerge for which the hotel is not liable and which make the contract fulfilment impossible.

3. If the hotel rescinds from the contract for a good reason, the customer shall not have any claim for loss compensation.

Article XII. Liability for Loss on Items Brought in or Set aside

1. The hotel shall be liable for loss on items brought in or set aside according to the Section 433 et seq. of the Civil Code i.e. the hotel is liable for loss on items brought in by or for the accommodated clients, unless the loss occurs in other way. Items brought in are the ones brought into the premises reserved for accommodation and storing of items or handed over for this purpose to any hotel staff member. (Section 433 Subsection 1 of the Civil Code)

2.  The hotel shall be liable for jewels, money and other valuable items only up to the amount of EUR 331.94 (Section 1 of the Regulation by the Slovak Government No. 18/1995 Coll. implementing the provisions of the Civil Code). The right for loss compensation shall expire, if not exercised latest in fifteen days after the day the client affected learns about the loss. It is understood that the client learns about the loss on the day of leaving the hotel.

3. Providing the place for car parking on the hotel parking place, even if for payment, does not represent a contract of storing. The hotel is not liable for the loss or damage of cars and their accessories or content parked on the hotel operator´s land.

4. The hotel is not liable for accidents that happen during leisure time activities of any type whatsoever, unless the loss is caused by the hotel due to its gross negligence or intentionally.

Article XIII.

Special Provisions

1. No animals, dangerous substances (explosives and ammunition, corrosives, poisons and toxic substances, infectious or radioactive materials) may be brought into the hotel.

2. Smoking is only permitted within reserved areas of the hotel. In the remaining parts of the hotel smoking is forbidden. If violating this ban, the hotel has the right to impose a fine up to EUR 300.00 to the client for every found instance of violation.

Article XIV.

Deliveries

1.    All the correspondence relating to legal relations established between the hotel and the client shall be delivered:

a) in person,

b) by post,

c) by a third party licensed for correspondence delivery.

5. Any and all correspondence relating to any legal relations established between the hotel and the client shall be delivered to the registered office of the hotel and the address of the permanent residence or registered office of the client. If the liability between the hotel and the client exists, every party is obliged to inform the other party without any undue delay about any change of its registered office or permanent residence and/or other change, which may have an impact on the client´s order confirmed by the hotel.

6. If the client does not take over the correspondence at the address stated in the order and it is identical with the address registered in companies or other registry, the correspondence is deemed delivered after three days from its return to the sender even if the addressee does not learn about it. All the legal effects of correspondence delivered occur in that case on the day when the correspondence is deemed delivered.

7. If the client does not take over the correspondence at the address stated in the order and it is not identical with the address registered in companies or other registry, the sender is obliged to deliver the correspondence again to the address of the party registered in the companies or other registry. After such delivery the regulation according to the paragraph 3 of this Article shall apply in full scope.

Article XV.

Final Provisions

1. The present General Business Terms and Conditions and legal regulations arising from them shall be governed by the Slovak legal order.

2. Should any provision of these General Business Terms and Conditions be or become ineffective or invalid, the validity and effect of the remaining provisions hereunder shall not be thereby affected.

3. When placing the order, the clients agree with the present General Business Terms and Conditions of the hotel. The hotel reserves the right to amend the present General Business Terms and Conditions. The obligation of publishing the amendment to the General Business Terms and Conditions in writing is fulfilled by their publishing on hotel´s website www.hotelamade.sk

These General Business Terms and Conditions assume effect on 27 February 2014.

 

In Vrakúň, dated 27 February 2014

 

Ing. Agáta Farkasová

Deputy Chairman of  BOKADA a.s.

Amade Château Hotel Manager