Terms of trade

General Terms and Conditions of the Trade 2009/ Rezidence Nové Hrady a.s.

1.    Scope of application
General Terms and Conditions of the Trade Rezidence Nové Hrady a.s. are applicable to all participants of the tours, stays and travel services that were supplied by the company Rezidence Nové Hrady a.s., Okružní 2615, 370 01 České Budějovice (further only “Conditions”) and they form an indivisible part of the travel agreement or any other contract.

Rezidence Nové Hrady a.s. is not liable for any misprints or any mistakes in translation that are published on this web site or on any other marketing materials!

2.    Definitions of the trade participants
a)    the proprietor of the wellness pension Tereziiny lázničky and wellness hotel Rezidence: Rezidence Nové Hrady a.s., with firm domicile at Okružní 2615, 370 01 České Budějovice, CZ, Company identification number: 26065631, Commercial code registration: section B, file number 1334, (further only “Proprietor”) resp. the contracting travel agency, which has the empowerment for representing based on the signed contract about business representation
b)    Guest – domestic or a foreign individual or entity that enters into an accommodation agreement as a guest or for a guest. Person or a corporate body (further only “Guest)

3.    Content of service
The content of the service is created by the purchase of accommodation and travel servces by “proprietor” to “guest”.
The creation of the agreement:
The contractual relation is created between the “proprietor” and “guest” by the act of signing of the contract, e.g. delivering the signed order of the “guest” and its written acceptance by the “proprietor”. In the case that the “guest” is a person, the accommodation agreement must be sign in accordance with the applicable laws of the country. The accommodation agreement is sign and is applicable also the persons mentioned in the agreement. For contractual relations of other persons the “guest” is responsible as if they were his own. The bilateral agreement is specified by these “terms and conditions” and is in accordance with the valid laws of the commercial code and civil code.

4.    Payment conditions
The “proprietor” is entitled to receive payment for the services before their delivery and “guest” is obliged to pay for those services before they are delivered. The obligation of the “guest” is created by the signing of the contract, where the “guest” is obliged to pay an advance in the amount of 50% of the set price of the services that has been printed on the invoice send by the “proprietor”. The back payment is to be paid by the “guest” at the start of the accommodation or at the beginning of the use of the services that is provided by the “proprietor” As a payment for the price of the services is accounted the day when the cash is received or when the money are delivered to the bank account of the “proprietor” at the amount of 100% of the set price for the services. If this rule is breached by the “guest” the proprietor has the possibility of cancelation of the bund, however this does not break its liability for the remuneration of the damages that were caused by the “guest”

5.    Prices and their changes, changes in the ordered services
The prices of the stays and possible other services are listed in the catalogue, or on the internet site run by the “proprietor” and are exclusively applicable to the policyholders of the Czech Health insurance companies. For the “guest” is however binding the price that is listed on the accommodation agreement. The “proprietor” is obliged to announce in writing the possible change in the price for the accommodation, and that is at least 14 days before the realization of the services. If this price is higher by more than 10% of the original price on the accommodation agreement, then the “guest” is able to withdraw from the contract and the whole payment for his stay will be returned without any delay. If the “guest” does not withdraws from the contract for at least 6 after the change has been announced, it is expected that he agrees with the new contract.
If the “guest” for any reason does not utilize the services that have been agreed upon and paid for (late arrival, early departure, not utilizing some part of the service etc.) he is not liable for any remuneration.
For the claim of the change of the accommodation agreement, which does not change the genera sense of the agreement, which are for example the change in the name of the client, the type of the service, the “guest will be charged lump-sum tax of 200,- Kč. The change in the schedule will be taken as a cancelation of the agreement.  

6.    Rights and obligations of the “Guest”
The “guest” has the right to:
* dutiful administration of the ordered and paid services.
* to retrieve information about the specifications of services that are ordered and paid for
* Publicly announce changes about the travelers, or even the cancelation of the order with accordance with these terms and conditions, and also the reclamation of the faults of the services
The “guest” has the obligation to:
* inform about the participation of foreign nationals
* pay the agreed upon price or the amount of the cancelation fee that arise from the cancelation of the service
* grant the cooperation needed for the possible realization of the services and for the acceptance of the papers needed for the utilization of the services
* pass the health safety checks before his travel, respect the Rule of Conduct, and behave in such a meaner that would prevent any damages on property or life
* in case of the change in the name of the participant in the given time limits:
1/make the changes in writing with the “proprietor”
2/hand in a signed affirmation of the client about the acceptation of the accommodation agreement and the Terms and Conditions
The “guest” – a corporate body has further the obligation to:
* make sure that all of the participants of the travel are informed about the contents of the Terms and Conditions
*secure the basic accordance with the rules of conduct by all the participants of the travel
*hand in a list of names and appoint a person that will be responsible and will be filling the role of the mediator between the “proprietor” and “guests”

7.    Rights and obligations of the “Proprietor”
Rights and obligations of the “Proprietor” are connected to the rights and obligations of the “guest”

8.    Rescission of the Accommodation Agreement – Cancellation fee
The “guest” is entitled to cancel the accommodation agreement anytime before the set date of the arrival, or before the beginning of the services. The cancelation of the accommodation requires a written form. The important factor for the time of the cancelation of the accommodation is the delivery of the written form to the “proprietor”.

The cancelation fee counted per person is listed below:
- 200,- Kč per person more than 30 days before the date of the arrival
- 10% from the set price per person in the period of 29-21 days before the date of the arrival
- 30% from the set price per person in the period of 20-14 days before the date of the arrival
- 50% from the set price per person in the period of 13-07 days before the date of the arrival
- 75% from the set price per person in the period of 06-03 days before the date of the arrival
- 100% from the set price per person 02 days and less before the date of the arrival

9.    Termination from the “Proprietor”
The “proprietor” is entitled in cases that he is unable to influence (change in the suppliers of the services, inconceivable situations) to change the agreed upon conditions of the accommodation. He has to announce the changes at least 10 days before the date of the arrival. If the “guest” does not agree with these changes, he is entitled to cancel the agreement. At the same time he will receive the whole payment back. The “guest” is not entitled to any other compensation.   

10.    Reclamations
The “guest” is obliged to immediately submit his demands. In the case of reclamation the ”guest” is obliges to exert his demands on damages without undue delay right with the “proprietor” in the place where the services has been offered, so that they can be repair as soon as possible, If this is not possible, the proprietor will write written form for reclamation and he will record this into the voucher. If the reclamation is not submitted immediately, the entitlement of the “guest” to the compensations of the occurred damages, that would be possible to prevent by the immediate submission, diminishes or completely disappears
If certain conditions will occur that the “proprietor” is unable to foresee, or whose course of action does not depend on the proceedings of the “proprietor” (vis major), or conditions that are on the side of the “guest” (health conditions) base on which the guest will be unable to completely of partly use  the services that were ordered by him and paid for. The “guest” is not entitled to the repayment of these services or to any form of sale with any other forms of financial reimbursement and settlement.

11.    Final provisions
Terms and Conditions has been put into practice on the 01.01.2009 and they apply to all ordered services and accommodations for the year 2009.