1. Introductory Provisions

These contractual terms apply to stays at the accommodation facility Residence Palmbaum, located at Prague Road 722/11, 360 01 Karlovy Vary. The parties to the contractual relationship are, on one side, the accommodation provider and, on the other, the customer who reserves the stay. The customer can be a natural or legal (hereinafter “customer”). The customer listed on the contract represents all participants of the stay, is authorized to act on their behalf, and is the sole responsible party with the accommodation provider.

By confirming the reservation at the accommodation facility, the customer agrees to these contractual terms.

2. Formation of the Contractual Relationship

The contractual relationship between the customer and the accommodation provider is established by the confirmation of the reservation at Residence Palmbaum, located at Prague Road 722/11, 360 01 Karlovy Vary, by the customer in the online booking system and the payment of a deposit/full amount for accommodation, as specified in Article 3, point 3.4 of these contractual terms. The customer shall pay the deposit/full amount for accommodation to the accommodation provider’s account. In exceptional cases where the customer does not have internet access, the reservation can be made by phone.

The customer and the accommodation provider agree to communicate via postal or electronic (email) means. Both parties acknowledge notifications made using either of these methods as valid written notifications.

3. Price of Stay and Payment Conditions

The stay price refers to the price stated in the reservation system and the booking confirmation email (contract) regarding accommodation, which the customer receives after confirming the reservation in the online booking system with the property’s name.

3.1. The price of stay includes:

• Accommodation
• Tourist tax to the municipal office
• Utilities (electricity, gas, water/sewerage)
• Cleaning fee

3.2. The price of stay does not include:

• Transportation
• Meals
• Breakfast

Additional services, including cleaning and breakfast, are not included in the stay price. They are paid separately by bank transfer or card based on a request sent by the booking system or the accommodation provider for their use.

3.3. Deposit

Upon handing over the keys to the accommodation facility, the customer must pay a refundable deposit (security deposit) of 5000 CZK to the accommodation provider or a person authorized by them. The deposit will be returned to the customer by the accommodation provider if the customer has not caused any damage to the property. In case of damage, the accommodation provider is entitled to deduct an amount equal to the damage caused from the deposit. If the deposit is insufficient, compensation for the damage is governed by Article 4 of these contractual terms.

3.4. Payment of stay

The accommodation provider has the right to receive payment for the price of the stay before its realization. Unless otherwise agreed by written agreement between the accommodation provider and the customer, the customer is required to pay a deposit of 50% of the price of the stay within 2 days from the date of sending the reservation confirmation in the online booking system with the name of the property to the customer’s account. The remaining 50% is payable by the customer 14 days before the scheduled start date of the stay. If the customer fails to meet the payment conditions for the stay, the effects of the contract concluded between the customer and the accommodation provider will cease, and the accommodation capacity will be offered to other interested parties.

4. Customer responsibilites

• To provide the accommodation provider with the cooperation necessary for the proper security and provision of accommodation.
• To collect all documents necessary for the stay.
• To arrive at the designated location on time with all required documents.
• Follow the instructions, operational rules, and guidelines of the accommodation provider and their authorized personnel.
• It is the responsibility of the customer and all participants to behave in a manner that prevents harm to their health, life, or property, as well as damage to the property of the accommodation provider. To supervise children or supervise them to prevent potential injury or damage to the property of the accommodation provider in the facility and its surroundings.
• Use the accommodation facilities properly and maintain order and cleanliness, especially if children stay with them.
• To close windows and doors when leaving the accommodation premises.
• To promptly report the need for repairs in the accommodation premises.
• To immediately report any damage or loss caused by the customer or any person accompanying them in the accommodation premises.

The customer must compensate for any damage in the areas reserved for accommodation, leisure, or relaxation, including lost profits, up to 20,000 CZK. Higher damages occurring in the areas reserved for accommodation, leisure, or relaxation and resulting in full compensation, including lost profits equivalent to the valid accommodation rate for the entire period during which the property/room/apartment/relaxation area is out of operation, may be claimed by the accommodation provider by Act No. 89/2012 Coll., the Civil Code. This obligation applies even if the damage is caused by children or other persons staying with the customer.

4.1 Without prior consent from the accommodation provider, the customer must not:

• Make significant changes to the accommodation premises (moving furniture, etc.)
• Use personal appliances on the premises.
• Allow other individuals to use the areas reserved for accommodation.

4.2 Furthermore, the customer must not:

• Smoke in any area of the facility.
• Possess, manufacture, or store narcotic or psychotropic substances or poisons unless they are medicines prescribed by a doctor.
• Carry weapons and ammunition or otherwise store them in a condition enabling their immediate use.

5. Responsibilities, Rights, and Liability of the Accommodation Provider

The accommodation provider is dedicated to handing over the accommodation premises to the customer in a condition suitable for proper use and ensuring the uninterrupted exercise of their rights associated with accommodation. We are committed to promptly resolving reported defects without unnecessary delays and taking responsibility for maintaining the accommodation premises in proper technical and hygienic condition.

The accommodation provider has the right to inspect the premises in the presence of the customer after the end of their stay. We kindly ask customers not to consider this activity a sign of mistrust. I appreciate your understanding. The accommodation provider is not liable for injury to health (or property damage) customers suffer due to their carelessness, negligence, misuse, or inadequate supervision.

6. Stay

The customer has the right to use the premises reserved for accommodation and the property’s common areas. At the beginning of the stay, they will receive a key, which they must return to the accommodation provider by the end. The customer must prevent the loss or theft of this key and refrain from lending it to individuals not staying in the property. In case of loss, theft, or misuse of the key, the customer must pay a contractual penalty to the accommodation provider of 2500 CZK; this does not affect the accommodation provider’s right to seek compensation for any damage caused.

The accommodation provider will accommodate the customer from 15:00 to 19:00 on the day of arrival. The customer must vacate the premises on the day of departure by 11:00. The exact time of accommodation on the respective day will be agreed upon by the customer over the phone with the accommodation provider.

Suppose the customer fails to comply with this time frame. In that case, they will be charged for an additional day’s stay according to the applicable price list.

6.1. Transportation to the Accommodation

Transportation to the accommodation is individual, and all transportation costs are covered by the customer.

6.2. Accommodation

The number of accommodated persons must not exceed the bed capacity of the property. The exact, or possibly preliminary, number of accommodated persons is stated in the contract received by the customer after making the reservation.

It is prohibited for the entire capacity of [property name] to be used exclusively by minors under 18 or only by persons with limited legal capacity. In accommodating persons under 18 years of age or persons with limited legal capacity, it is necessary to ensure at least one responsible supervisor over 18 years of age who will participate in the entire stay.

6.3. Energy

In the interest of energy savings and environmental consideration, we ask that you do not ventilate for extended periods during the winter, let alone lower the room/property temperature.

6.4. Pets

Accommodation or visiting the property with pets is not possible. Failure to comply with this condition will result in the customer paying a contractual penalty to the accommodation provider of 5000 CZK.

6.5. Storage of Sports Equipment

The customer cannot bring sports equipment and items into the property, for which storage is reserved elsewhere.

6.6. Valuables

The accommodation provider recommends that customers not leave jewellery, money, and other valuables on the property or securely protect valuables against theft. The accommodation provider is not responsible for the loss or damage to the above-mentioned items. The accommodation provider is not obliged to provide storage for these items.

6.7. Parking

Customer vehicle parking is permitted on the accommodation provider’s premises before the property. Furthermore, the customer may park on the street directly within walking distance of the property. These areas are freely accessible; therefore, the accommodation provider does not guarantee against possible theft of the vehicle or items inside it; it is not a guarded parking lot.

7. Changes to the Contract and Termination of the Contract

If the accommodation provider is objectively forced to change essential contract terms before the start of the stay, they may propose a change to the contract to the customer. In such a case, the customer can agree to the change or terminate the contract. If the customer does not terminate the contract by written notice within 10 days from the delivery date of the proposal for change, it shall be deemed that they agree to the change.

The customer has the right to terminate the accommodation contract.

The accommodation provider has the right to terminate this contract if the customer grossly violates the obligations set forth in this contract or the house rules or grossly violates good manners on the premises.

Termination of this contract must be in writing and delivered to the other party. Termination of this contract does not affect the obligation to pay debts arising from this contract before termination or cancellation fees.

Termination of the contract is subject to the following cancellation conditions, which specify the amount of cancellation fees:

• More than 30 days before the start of the stay: 50% of the price for one night + 2.5% administrative fee
• 29 – 15 days before the start: 50% of the stay price
• 14 – 8 days before the start: 60% of the stay price
• 7 – 4 days before the start: 70% of the stay price
• Three days or less: 80% of the stay price
• Non-arrival: 100% of the price
• Early termination of accommodation: 50% of unused services

The specified percentage of cancellation fees will be calculated as follows:

• In the event of cancellation before the start of accommodation or non-arrival, 100% of the accommodation price will be charged,
• 50% in the event of early termination of accommodation from secured and unused accommodation services.

In justified cases (illness, death in the family, force majeure, etc.), the cancellation fee may not be charged based on the accommodation provider’s decision; the cancellation fee will be assessed individually.

In the event of termination of the accommodation contract, the accommodation provider is entitled to request the customer to vacate the accommodation premises and leave the property immediately. The customer is obliged to comply with this request without delay.

8. Complaints

The customer must report any complaints immediately upon discovering a defect to the accommodation provider or the responsible person designated by the accommodation provider so that rectification can be made.

9. Final provision

The general terms and conditions apply to all stays at Residence Palmbaum, Pražská silnice722/11, 360 01 Karlovy Vary, and come into effect on July 1, 2023.

By entering into the contract, the customer confirms that they understand the terms and conditions and accept them in full on their behalf and on behalf of other stay participants.

Furthermore, by entering into the contract, the customer confirms that they have been informed by the accommodation provider that in the event of a dispute between the parties to this contract, they have the option to use out-of-court dispute resolution through the Czech Trade Inspection Authority (www.coi.cz). The customer acknowledges that procedures for exercising the right to withdraw from this contract and a withdrawal form are published on the website Withdrawal from Accommodation Contract (according to the new Civil Code).

Residence Palmbaum, Pražská silnice722/11, 360 01 Karlovy Vary

Pavel Neckář, accommodation provider – Smileland Invest s.r.o. with registered office at Diváky 189, 691 71 Diváky, VAT ID: 172 62 917