TERMS & CONDITIONS

These General Terms and Conditions (hereinafter as“ VOP“) of The Hotel Fitzgerald located at the address Vítkova 151/26, 186 00 Praha 8 – Karlín (hereinafter as „Hotel“), regulate the contractual relationship between the Hotel’s management company Mankato Prague Operations s.r.o., ID: 09743316, with its registered seat at Vítkova 151/26, 186 00 Praha 8 – Karlín, registered in the Commercial register maintained by the Municipal Court in Prague in Section C, insert 341593 as  (hereinafter as „Hotel“) on one side and a physical or legal person as hotel guest on  the other side (hereinafter as „Guest“).

Based on a valid accommodation agreement (hereinafter as „Contract“) the Hotel grants the guest temporary accommodation (the right to use a certain space within the hotel) for a contracted time and price. In case the hotel guest is a consumer, relations not covered by these VOP shall be governed by Act No. 89/2012 Coll., Civil Code (mainly provisions §§ 2326 to 2331) (hereinafter as „OZ“) and Act No. 634/1992 Coll., Consumer Protection Act, as amended.

Provisions of these VOP shall be effective unless the parties agree otherwise in writing in the Contract.

These GTC are freely available on the Hotel’s website  www.hotelfitzgerald.com.


I. INFORMATION DUTY

  1. These VOP contain mandatory information required by provision of Section 1811 (2) and Section 1820 (1) of the OZ and are integral part of each individual accommodation contract.

  2. Any cost incurred by visiting and browsing of the Hotels website shall be paid by the Guest based on the contract concluded between him/her and his/her internet provider.

  3. Náklady související s návštěvou a prohlížením internetových stránek hotelu nese ubytovaný, a to na základě smlouvy uzavřené s jeho poskytovatelem internetového připojení dle jím zvoleného tarifu či sazby.


II. BOOKING OF ACCOMODATION AND SERVICES

  1. The Guest shall book accommodation in written form (by post, email or    or by using the online booking engine on the website www.hotelfitzgerald.com), by phone or in person.

  2. Each booking request shall contain the following material information:  First name and surname of the Guest, date and place of birth, address of permanent residence and contact (phone, e-mail); in case of a legal entity also its business name, seat, company ID and VAT ID; Identification of the person (or persons), to which the service shall be granted – (including name and date of birth) dates of the stay, category of accommodation and manner of payment.

  3. Any booking request becomes binding at the moment of its written confirmation by the Hotel, unless other conditions are set forth in the confirmation that have to be met for the booking request to become binding (for example payment of deposit).

  4. Upon confirmation of the booking request by the Hotel a contractual relationship arises between the Guest and the Hotel. The Hotel shall provide the guest services in the agreed scope and quality, while the guest is obliged to pay the agreed price (or cancellation fee as stated below). Conditions of the contract shall be binding for all persons stated in the confirmed booking request.

  5. In case the booking request sent by the Guest is missing some substantial information, the Guest shall amend necessary details upon request sent to him by the Hotel. Should the Guest not amend necessary details within 3 days from the day he was informed by the hotel, the booking request will be deemed null and void.

  6. When confirming the reservation, The Hotel may ask the Guest for credit card information (card holder name, card type, card number, expiration and security code) in order to make preauthorization of the credit card in the amount of expected price of booked services.

  7. In case that conditions for binding reservations are not met, the Hotel is entitled to cancel such booking request and inform the Guest thereof.

 

III. RIGHTS AND DUTIES OF THE GUEST

  1. By concluding the accommodation contract, the Guest obtains the right to use the guestroom as well as other public Hotel premises and also services commonly provided by the Hotel.

  2. The Guest is obliged to act in compliance with the Hotel’s internal rules and regulations (e.g. fitness room rules, accommodation rules, etc.)

  3. Without the Hotel’s prior written consent, the Guest may not do any changes or alterations in the guestroom or other premises of the Hotel (including moving of furniture or other hotel amenities).

  4. The Guest may not accommodate a person not reported to the Hotel without the Hotel’s prior written consent.

  5. The Guest has the right to complain about potential imperfections or defects in services provided by the Hotel. The complaint has to be filed with the Hotel in writing without undue delay, however no later than 1 day from the day the defect was discovered by the Guest. The complaint shall be files with the Hotel’s reception, where a special form is available for this purpose.  The complaint has to be specific as regards discovered defects, their effect on provided services, etc. The Guest has no right for reimbursement for any costs incurred by filing of the complaint. The Hotel shall process the complaint without undue delay based on the nature of the claimed defect. The Guest is obliged to provide necessary cooperation to the Hotel when processing his/her complaint.

  6. The Guest shall be responsible for any damage caused intentionally or unintentionally in the premises of the Hotel by him/her or by any persons or animals traveling with him/her. The Guest is obliged to report any damage immediately to the Hotel staff and to pay such damage to the full extent.

  7. The Guest has to right to cancel a confirmed reservation (to withdraw from the contract) or end his stay before the date of scheduled departure, provided that he/she will live up to cancellation conditions as set forth in these VOP.

  8. No later than upon check-out, the Guest shall pay the agreed price for accommodation and other services, including any services ordered by him or other persons travelling with him/her during the stay.

IV. RIGHTS AND DUTIES OF THE HOTEL

  1. The Hotel shall provide the Guest with all necessary information about his/her stay.

  2. Should the Hotel for reasons beyond its control not be able to honor the booking it accepted, it will make best efforts to reassign the Guest at its own cost to a hotel of equivalent or higher rating nearby.

  3. In case of cancellation of a confirmed reservation by the Guest the Hotel shall return the paid deposit within 14 days from the day of cancellation. However, should any cancellation fees arise in such case, the Hotel will return only the difference between the paid deposit and the applicable cancellation fee. In case of cancellation of reservation where preauthorization of credit card has been made to guarantee the reservation, the Hotel is entitled to charge the applicable cancellation fee from the Guests credit card.


V. PRICES OF SERVICES

  1. Prices of services provided by the Hotel (accommodation, massages, sauna, room service etc.) are available in the respective price list at the Hotels reception and/or in the online Booking engine on the website of the Hotel – www.hotelfitzgerald.com.

  2. Prices of services include local fees and legal VAT.


VI. PAYMENT CONDITIONS

  1. Unless written otherwise in the booking confirmation, a deposit has to be paid within 5 working days from the day the booking request was confirmed, however no later than 2 days prior to the scheduled arrival to the Hotel.  In case the deposit is not paid in a timely manner, it shall be deemed that the Guest withdrew from the accommodation contract (as stated further in these VOP). In case the Hotel wishes to fulfil the contract despite the fact that the deposit has not been paid, it shall inform the Guest in writing that the contract remains in effect.

  2. The guest may pay the price of accommodation or other services as follows

  • via bank transfer to the Hotel’s bank account;

  • by providing details of credit card, from which the respective amount will be charged – for the purpose the Hotel will send to the Guest a credit card authorization form

  • the remaining part of the price may be paid in the hotel reception upon check-in by cash (Czech Crowns or Euro) or by credit card (VISA, Master Card, Maestro, Diners, Amex, JCB);

       3. All payments have to be done without any deductions, i.e. in full amount of ordered services.


VII. ACCOMODATION SERVICES

  1. Upon the arrival to the hotel, client proves himself with an identity card at the reception, passport or other identity card and fills in (or only signs an already pre-filled) hotel registration card. After completing the above formalities, the reception of the Hotel will accommodate the client and provides him with further information on the stay.

  2. More information about accommodation in the hotel can be found in the Accommodation Rules of the hotel and in the operating rules of the Fitness Center.

  3. The Landlord does not operate a guarded car park and is therefore not liable for damage caused to the means of transport and items left in them, nor for live animals, unless it is stated in writing by the Landlord that he has taken such items or animals into his custody.


VIII. END OF CONTRACT, CANCELLATION FEE

  1. The guest has the right to withdraw from the contact in writing at any time and without giving a reason under the below conditions. In case of no-show (the Guest will not arrive to use the ordered service), this shall be also considered withdrawal from the contact without giving a reason.

  2. In case of withdrawal from the contact without giving a reason, the Guest shall pay to the Hotel a cancellation fee under these conditions:

Individual guests and groups up to 8 rooms:

  • In case of cancellation more than 3 days before the scheduled arrival date – cancellation fee of 0% of the booking amount

  • In case of cancellation 3 days or less before the scheduled arrival date – cancellation fee in the amount of the price for the first night

Group reservation (8 rooms and more):

  • For groups reservations individual cancellation conditions will be set forth based on time of year, requested number of rooms or other factors. Such individual cancellation conditions have to be confirmed to the Guest together with the booking confirmation and by accepting the booking the Guest confirms his/her consent with such cancellation conditions.

Reservation via internet channels:

  • In case of reservation via internet channels (eg. Booking.com, Expedia etc.) the cancellation conditions confirmed in such reservation have preference over the general conditions as described above.

  • The Hotel will not provide any reimbursement for any ordered services (accommodation, massage, etc.) that have not been used by the Client during his/her stay.

  • The Hotel may withdraw from the contract or cancel the contract in the following cases:

  • The Guest will not pay for the ordered serviced in the contracted time;

  • In case of no-show

  • In case the Guest violates internal regulations of the hotel;

  • In case the Guest violates (despite warning from the Hotel staff) his/her right duties from the accommodation contract or good manners;

  • For technical reasons beyond control of the Hotel.

In the above described cases the Guest shall gave no right for reimbursement of paid money or financial or other compensation, with the exception of cases where the contract is cancelled by the Hotel for technical reasons – in such caser the Hotel will return the Guest the paid deposit.


IX. COSTUMER DISPUTE RESOLUTION

 

The hotel guest has a right to file a petition for out-of-court resolution of a consumer dispute with the competent authority of consumer dispute resolution, which is:

The Czech Trade Inspection Authority
Central Inspectorate – ADR unit
Štěpánská 15
120 00 PRAGUE 2
Email: adr@coi.cz
Web: https://adr.coi.cz

The Czech Trade Inspection Authority is an inspection authority in the field of consumer protection, acting in accordance with Act No. 64/1986 Coll., the Czech Trade Inspection Authority Act, as amended, and other legal regulations. The web page of The Czech Trade Inspection Authority is www.coi.cz.

In accordance with provision § 1837 letter j) of Act No. 89/2012 Coll., the Civil Code the hotel guest as consumer shall not have the right to withdraw from the contract in case the hotel provides contracted accommodation in the contracted time.


X. FINAL PROVISIONS

  1. These VOP are effective as of 1 May2018.
  2. Any changes or amendments of these VOP may be concluded between the Guest and the hotel in written form only.

  3. The Hotel has the right to change or amend these VOP. Such changes or amendments shall not have effect on previously concluded contracts.

  4. In accordance with Section 1751 of the OZ these VOP shall be considered integral part of any accommodation contract between the Hotel and its Guests. Full version of the VOP is available on the website of the Hotel.

  5. In case of discrepancies between different language versions of these VOP the Czech version shall prevail.