General terms and conditions and accommodation rules of Hotel Solid Gold
INTRODUCTORY PROVISIONS
These General Terms and Conditions and the Accommodation Rules (hereinafter referred to as "T&C") are issued with reference to the provisions of § 273 paragraph 1 of Act no. 513/1991 Coll. Commercial Code by Enem s. r. o., ID: 44846134, with registered office at Borský Svätý Jur 260, 90879 Borský Svätý Jur, which is the operator of Hotel Solid Gold, located at Kukučínova 29, 90101 Malacky.
For the purposes of these GTC, the following shall be understood:
a) Provider – company Enem s. r. o., ID number: 44846134, with registered office Borský Svätý Jur 260, 90879 Borský Svätý Jur,
b) By hotel – object of Hotel Solid Gold, located at Kukučínova 29, 90101 Malacky
c) Client - any natural or legal person who concludes a Contract with the Provider,
d) Guest - any natural or legal person who uses the Service, while the Guest can also be the Client and vice versa,
e) Group - three Guests and more.
f) Service - any performance provided by the Provider in the Hotel, especially accommodation services,
g) Contract - any two- or more-party legal act, the subject of which is the Provider's obligation to provide Services to the Client and/or Client-designated Guests and the Client's obligation to pay the Provider an agreed price, reward or otherwise indicated remuneration (hereinafter referred to as "price"), including the contract concluded even only in the form of the Client's order accepted by the Provider or otherwise. A contract is also considered a framework contract or a legal act designated in a different way, the content or purpose of which is the repeated provision of Services in the future.
These General Terms and Conditions and its individual provisions apply to all legal relationships established by the Agreement, unless otherwise agreed in the Agreement. These General Terms and Conditions are an integral part of every Agreement concluded between the Provider and the Client, as long as (i) they are referred to in the Agreement, the Client's order or acceptance by the Provider or (ii) these General Terms and Conditions were attached to them or (iii) they were known to the Client from previous business relations with the Provider or otherwise. By concluding the Agreement, the Client agrees that these General Terms and Conditions form an integral part of the Agreement. If some provisions of the Agreement deviate from these General Terms and Conditions, the agreement in the Agreement takes precedence and the conflicting provision of these General Terms and Conditions shall not be applied.
The use of deviating provisions of the general terms and conditions or otherwise marked other terms and conditions of the Client is excluded.
CONCLUSION OF CONTRACT
1. The conclusion of the Agreement is understood as an agreement between the Provider and the Client on the provision of one or more Services, concluded in any form, including paper, electronic, or using the Internet reservation system operated by the Provider or third parties on behalf and/or on behalf of the Provider.
2. By concluding the Agreement, the Client is obliged to pay the Provider the agreed price, and the Provider undertakes to provide the Client with Services within the agreed scope. Provision of Article IV. clauses 5 and 6 of these GTC are not affected by the provisions of the previous sentence.
3. The Client is responsible for the proper and timely fulfillment of his obligations arising from the Contract, regardless of whether he is also a Guest. The Client is also jointly and severally liable with the Guest as a possible damage party for damage caused to the Provider, as long as such Guest - damage party will use the Services on the basis of the Contract concluded by the Client. Special provisions for concluding the Contract in electronic form.
4. If the Client is interested in ordering the Services in electronic form, the Client will make the order using the Provider's website, by filling in and sending the reservation form in the Provider's reservation system and/or the contact form. The client can also order services via electronic mail (e-mail). In the reservation and/or contact form, the Client is obliged to properly fill in all required data. In the contact form and/or in the text of the e-mail, the Client is obliged to indicate the text of the order. The reservation and contact form are published on the Provider's website www.solidgold.sk.
The Client sends the order to the Provider via the Internet via the completed reservation and/or contact form and/or e-mail. The delivery of such an order to the Provider is considered a proposal for the conclusion of the Contract.
Since the reservation of the Provider's Services is ensured by the use of several information systems, there may occasionally be a situation where the Service ordered/reserved by the Client will not be available. In such a case, the Provider undertakes to provide the Client with a Service of the same standard. If this is not possible, or if the Client does not agree to the alternative Service offered, the Client is entitled to a refund of the entire deposit paid by him.
During the stay, the client is only entitled to Services to the extent resulting from the Contract and if he has paid them in full. The decisive factor in this case is the reservation confirmation, which is automatically generated by the Provider's reservation system.
The condition for binding reservation of Services is the payment of a deposit in the amount of 100% of the price of the ordered Services, which are generated by the reservation system of the Provider during the reservation. In case of non-payment of the deposit according to the previous sentence, the reservation of the Services will be automatically canceled in full. After payment of the full price of the reserved Services, the Provider will issue a reservation confirmation to the Client and send it to his e-mail address.
ACCOMMODATION AND OTHER SERVICES
Accommodation services
1. The Provider is obliged to make the reserved room available to the Client or the Guest designated by the Client from 3:00 p.m. the agreed day of arrival. The Client is entitled to hand over the reserved room before the specified date only if he has expressly agreed to this in writing with the Provider. In case of earlier handover of the room for use, the Provider is entitled to charge the Client a fee according to the current price list or according to an individual agreement between the Provider and the Client.
2. The guest signs in at the Hotel reception immediately upon arrival. The guest is obliged to present an identity document to the Hotel employee or the entrance kiosk in order to prove it.
3. The guest is obliged to vacate and leave the room on the agreed day of departure no later than 10:00 a.m., unless otherwise agreed in writing in advance. In the case of late release of the room, the Provider is entitled to charge the Client a fee according to the current price list or according to an individual agreement between the Provider and the Client.
4. The Client, or the Guest designated by the Client, is obliged to notify the Provider of any possible deficiencies, discrepancies or reservations regarding the accommodation immediately after discovering them, by reporting them at the Hotel reception. Likewise, the Client, or the Guest designated by the Client, is obliged to proceed in the event that any damage to the room or its inventory is detected. The Client is responsible to the Provider for any damage to the room or its inventory that is detected after the end of the stay without the Client or the Guest designated by him notifying the Provider of these facts in the manner indicated in the previous sentence.
5. After the end of the stay, the guest is obliged to leave the room in the state in which it was at the beginning of the stay, taking into account the usual use.
Other services
1. Other Services provided in the Hotel are provided in accordance with the conditions agreed in the Contract and according to the instructions of the relevant staff in the Hotel. Guests are also obliged to comply with the Hotel's operating regulations, as long as they were issued for a specific Service.
2. Services that have the nature of an attraction are provided to Guests at their own risk. The Provider is not responsible for any damage caused to the Guest, which does not originate from a proven violation of the Provider's obligation arising from a generally binding legal regulation.
PAYMENT FOR ACCOMMODATION PROVIDED
1. The price list for temporary accommodation and other services is available at the Hotel reception.
2. The Hotel is entitled to request an advance payment of up to 100% of the accommodation price from the Client upon booking. In the case of an accommodation reservation, this is binding for the Hotel until the day of payment of the advance payment to the Hotel's account, unless otherwise agreed in writing.
3. The guest is obliged to pay the agreed contractual prices of the hotel according to the hotel's price list for accommodation and other services used by him. This also applies to the Hotel's services and expenses towards third parties, which were caused by the Guest. The Guest is obliged to pay the Hotel the price for the accommodation and all services provided no later than on the day of the end of the stay based on the submitted accommodation and services bill or on the basis of the submitted invoice together with the bill of advances received from the Guest.
4. If the Guest shortens the agreed stay at the Hotel, the Hotel has the right to charge the Guest the full amount of the agreed price for the entire length of the ordered stay.
5. The agreed prices include the price of accommodation, service charge and the applicable value added tax. If the period between the conclusion and performance of the contract exceeds 4 months and the price charged by the Hotel for such services in general increases, the Hotel may increase the contractually agreed price accordingly. The prices may be further changed by the Hotel when the Guest additionally wishes to make changes in the number of reserved rooms, Hotel services or length of stay and the Hotel agrees to this.
6. If the price for the services provided exceeds the amount of EUR 665, the Guest is obliged to immediately pay the price for the services provided so far upon request by the reception, unless otherwise agreed in advance.
7. The Hotel is entitled to bill the incurred receivables to the Guest as payable and to demand immediate payment. In case of late payment, the Hotel is entitled to demand interest on the delay. Upon agreement with the Guest, the Hotel is entitled to issue an invoice with a maturity of a maximum of 14 days from the date of issue.
8. The Guest is not entitled to set off any payable and/or unpaid monetary claim against the Hotel's claim without the written consent of the Hotel.
RESPONSIBILITY OF THE HOTEL AND THE GUEST
1. The Hotel is not responsible for damage to things brought and left in the Hotel by the Guest. The Hotel is not responsible for jewelry, money and other valuables.
2. The Hotel provides the Guest with a safety deposit box. The use of the safe in the room cannot be considered as taking over the item for safekeeping by the Hotel.
3. The Hotel is not responsible for forgotten and lost things in the Hotel premises.
4. The Hotel is not responsible for any damage caused to the Guest outside the Hotel premises.
5. The common rooms of the Hotel are available to Guests for receiving visitors. The guest can receive visitors in the room only from 8:00 a.m. until 10 p.m. with the consent of the Hotel employee after entering it in the Guest Book.
6. The guest may not bring skis, snowboards, sleds and bicycles into the room or other areas not intended for this purpose.
7. In the room or in the common areas of the Hotel, the Guest is not allowed to move the equipment, make modifications or any interventions in the electrical network or other installations without the consent of the Hotel management.
8. In the hotel premises and especially in the room, the Guest may not use their own electrical appliances with a power of more than 1000 Watts.
9. Before each departure from the Hotel, the Guest is obliged to turn off the light in the room and its accessories, close the water taps, turn off the air conditioning and all electrical appliances and close the door.
10. For safety reasons, it is not advisable to leave children under the age of 10 without adult supervision in the room or in other common areas of the Hotel.
11. For security reasons, the Guest is not authorized to carry a weapon and ammunition or otherwise store a weapon and ammunition in a condition that allows their immediate use on the premises of the Hotel.
12. The guest is obliged to observe from 10:00 p.m. until 06.00 night peace.
13. Smoking is not allowed inside the Hotel. This ban also includes smoking from an open window. It is strictly forbidden to use any narcotic and psychotropic substances in the Hotel. The smoking area is designated at the main entrance to the Hotel. If the Guest violates the smoking ban in the room, the Hotel has the right to increase the agreed price of accommodation by the amount of €250.00 for the day in which the smoking ban was violated. The Hotel is obliged to inform the Guest about such an increase in the accommodation price no later than 24 hours after the end of the accommodation (check out).
14. Accommodation of any animals is strictly prohibited.
15. The guest is obliged to dispose of waste exclusively in designated containers.
16. The hotel is not responsible for damage or theft of a vehicle parked in the hotel parking lot or for things left in it.
17. Wake-up services are not provided by the Hotel.
18. Found items are sent only at the request of the accommodated Guest and are stored in the Hotel for a maximum of three months. After the expiration of this period, objects that have obvious value will be handed over to the municipality.
19. For damage caused to the device or The Guest is responsible for the Hotel's inventory according to the applicable legal regulations. In the event of damage or destruction of the Hotel's property, the Hotel is entitled to demand compensation for the damage in the acquisition value of the destroyed inventory. The Guest is responsible for damages caused by minors, as well as for damages caused by persons who are on the premises of the Hotel and whose stay was made possible by the Guest.
20. In case of damage caused by the Guest to the property of the Hotel, the Guest is obliged to pay compensation for the incurred damage at the latest on the day of the end of the stay in the Hotel when billing for accommodation and services, or on the basis of an invoice. In the event that the Guest refuses to pay the incurred damage, the Hotel is entitled to charge the Guest a contractual penalty in the amount of 0.1% per day of the amount due for each day of delay. Payment of the contractual fine does not affect the Hotel's claim to compensation for the damage caused.
21. Complaints from Guests and possible proposals for improving the Hotel's operation are accepted by the responsible reception staff, or Hotel management. Complaints are handled according to the Complaints Procedure published at the Hotel reception.
WITHDRAWAL FROM THE CONTRACT, CANCELLATION
If a deadline for free withdrawal from the contract has been agreed upon in writing between the Hotel and the Guest, the Guest may withdraw from the contract until that time without cancellation fees. The Guest's right of withdrawal expires if he does not use it in writing within the agreed term.
2. Cancellation conditions, change or cancellation of the reservation by the Guest:
The client has the right to cancel the ordered stay at any time. The hotel is entitled to charge the client cancellation fees as follows:
a) cancellation in the case of an individual (maximum 2 rooms):
· 1 day before arrival: no charge
· 24 hours before arrival: 100% of the accommodation price
· no-show: 100% of the price of accommodation
b) cancellation in the case of a group (3 rooms and more):
· 7 days before arrival: no charge
· 6 days before arrival: 100% of the accommodation price
· no-show: 100% of the price of accommodation
3. If, on the basis of a contract or reservation, the Hotel provides accommodation for the Guest and the Guest does not arrive on the day of arrival by 10:00 p.m. local time, or does not notify in writing of his later arrival, the Hotel will apply a no-show compensation in the amount of 100% of the price for the first night . In this case, the accommodation is reserved for the Guest until 12:00 on the day following the day of his planned arrival. Subsequently, the Hotel's obligation to provide the service ceases.
4. In the event of a significant reduction in the actual number of persons compared to the ordered number of persons, the Hotel reserves the right to re-evaluate the amount of discounts provided.
5. Despite the cancellation conditions stated in point 2, the Hotel will always assess the cancellation conditions individually for each event in order to provide more favorable conditions for the Guest.
6. If the agreed or requested payment is not made in advance even after the expiration of a reasonable additional period set by the Hotel, the Hotel is also entitled to withdraw from the contract.
7. Furthermore, the Hotel is entitled to withdraw from the contract in particular in the following cases:
· if force majeure or other circumstances for which the Hotel is not responsible make the fulfillment of the contract impossible;
· if the rooms were booked for providing misleading or incorrect data of material facts, e.g. in the person of the Guest or purpose
· higher interest (organization of large collective events);
· if the Hotel has a justified reason to believe that the use of hotel services could threaten the smooth operation of the Hotel, the security or the good name of the Hotel.
8. In case of withdrawal from the contract by the Hotel, the Guest is not entitled to compensation for damages.
APPLICATION OF COMPLAINT
If the Guest discovers the reasons and facts that may be the subject of a complaint, he is obliged to file a possible complaint immediately without unnecessary delay with the responsible employee of the Hotel. In order to process the complaint quickly, it is expedient for the Guest to submit documents about the provision of the service (a copy of the order, invoice, etc.) when making a complaint, if they have such a document at their disposal. If the nature of the complained service requires it, it is necessary for the Guest to also present the item for which he blames the error when applying the complaint. The responsible employee of the Hotel will enter the Guest's complaint in the complaint protocol, stating the objective circumstances. The responsible employee is obliged to decide on the method of handling the complaint immediately or, in more complex cases, within 30 days.
In the area of accommodation services, the Guest has the right to free, proper and timely removal of deficiencies.
1. In the event that it is not possible to remove technical defects in the hotel room (failure of the heating system, hot water, etc.) and if the Hotel cannot provide the Guest with other alternative accommodation and the room will be rented to the customer despite these defects, the customer has the right to a reasonable discount from the price according to the valid price list or to cancel the confirmed order or contract before the overnight stay and refund the money.
2. In the event that, due to a unilateral decision of the Hotel, there is a significant change in the accommodation compared to the confirmed accommodation on the contract and the Guest does not agree to the alternative accommodation, he also has the right to cancel the confirmed order or contract before the overnight stay and to refund the money.
3. The guest is obliged to personally participate in handling the complaint, he is obliged to provide objective information regarding the service provided. If the nature of the matter requires it, the Guest must allow the responsible employee of the Hotel access to the space rented to him for temporary accommodation, so that it is possible to verify the justification of the complaint.
4. The guest has the right to contact the subject of alternative dispute resolution within the meaning of Act No. 391/2015 Coll. on alternative resolution of consumer disputes and on amendments to certain laws.
FINAL PROVISIONS
1. The place of fulfillment and payment is the Hotel.
2. Should the individual provisions of these general terms and conditions be or become ineffective or invalid, this does not affect the effectiveness of the other provisions.
3. All property disputes that arise from this contract, including disputes about its validity, interpretation or cancellation, will be resolved before the Arbitration Court of the Chamber of Arbitrators with its seat at Zelená 2, 811 01 Bratislava established by the company Komora arbitrov, s. r. o., IČO: 36701734 (hereinafter referred to as "arbitration court"), if the plaintiff party files a lawsuit at the arbitration court; the arbitration proceedings will be conducted according to its internal regulations (www.rozhodcovskysud.com), by one arbitrator appointed according to the regulations of the arbitration court. The parties shall submit to the decision of the arbitral tribunal. His decision will be binding on the parties. This arbitration agreement shall not become effective until the date on which any of the contracting parties files an action for the decision of any dispute arising from this agreement, including a dispute about its validity, interpretation or cancellation in an arbitration court.
4. Amendments or additions to the contract, acceptance of the request or business conditions require written form for their effectiveness and will only be effective when the Hotel confirms them in writing. Unilateral changes or additions by the Guest are ineffective.
5. By signing, the guest agrees to the management, processing and storage of his personal data for the needs of Enem s. r. of . on the protection of personal data and on the amendment of certain laws as amended. Consent is given for an indefinite period and can be revoked in writing at any time.
6. The guest is obliged to comply with the provisions of these GTC. In the event that the Hotel grossly violates its obligations or good morals, the Hotel has the right to withdraw from the service contract before the agreed time has expired. With his signature, the guest confirms that he has familiarized himself with the General Terms and Conditions, the Hotel's price list and the conditions of accommodation in the Hotel.
The Hotel's general terms and conditions are valid from January 1, 2024.
Enem s. r. o.
Operator of Hotel Solid Gold
Represented by manager Jozef Jurčák