These General Terms and Conditions (hereinafter referred to as GTC) of the Pension Janoušek Motorsport Český Krumlov located at Přísečná 29, 381 01 Přísečná (hereinafter referred to as the pension), regulate the mutual contractual relationship between the pension operator Genea Penzions s.r.o, IČO: 19088256, DIČ: CZ19088256, with its registered office at Přísečná 29, 381 01 Přísečná, registered in the Commercial Register of the Regional Court in České Budějovice, Section C, Insert 32967 as the accommodation provider (hereinafter referred to as the accommodation provider) and a natural or legal person as the guest staying in the guesthouse (hereinafter referred to as the guest). On the basis of the concluded accommodation contract (hereinafter referred to as the contract), the accommodation provider provides temporary accommodation (the right to use the accommodation space in the guesthouse) to the lodger for an agreed period of time for an agreed price of accommodation and for the services provided in connection with the accommodation. If the contractual party on the part of the accommodated party is a consumer, the relations not regulated by these GTC are governed by Act No. 89/2012 Coll., the Civil Code (in particular the provisions of §§ 2326 to 2331) (hereinafter referred to as the CC) and Act No. 634/1992 Coll., on Consumer Protection, as amended. The provisions of these GTC apply unless the parties agree otherwise in writing in the contract. These GTC are freely available on the website of the pension.

I. INFORMATION OBLIGATION

The provisions of these GTC contain the mandatory information required by § 1811 (2) and § 1820 (1) of the CC and form an integral part of each individual contract.
The accommodation provider is responsible for the security of the published content of the guesthouse website and at the same time for securing the stored data and data with the necessary security measures. At the same time, the accommodation provider declares that the data published on the guest house’s website meets the general requirements for compatibility with the hardware and software of any normal internet user.
The costs associated with visiting and browsing the guesthouse’s website are borne by the guest, based on the contract concluded with his/her internet provider according to the tariff or rate chosen by him/her.

II. ORDERING A STAY, ESTABLISHMENT OF THE CONTRACTUAL RELATIONSHIP

The guest orders his/her stay in the guesthouse in writing — by mail, e‑mail, or by filling in and sending the electronic reservation form on the website <www.penzion-krumlov.cz>, or by phone or in person.
The essential elements constituting a properly issued order or reservation request are:
1. the name and surname of the guest, date and place of birth, permanent address and contact (telephone, e‑mail); in the case of legal entities or natural persons doing business, business name, registration number, VAT number, registered office
2. identification of the person (or persons) to whom the service is to be provided — name and age (if the person to whom the service is to be provided does not specify another person in the order, this person is considered to be the person accommodated), the date of stay and the category of accommodation and the method of payment for the services.
Any order, irrespective of its designation (e.g. reservation, etc.) becomes binding at the moment of its written (e‑mail) confirmation by the accommodation provider to the customer’s address, unless the accommodation provider’s confirmation implies another condition of the binding nature of the order, e.g. payment of a deposit.
The confirmation of the order by the accommodation provider establishes a contractual relationship between the accommodation provider and the accommodation provider. The accommodation provider undertakes to provide the services to the accommodated person in the confirmed scope, time and quality and the accommodated person undertakes to pay the accommodation provider the agreed price of the services, or to pay the accommodation provider a cancellation fee in the event that the accommodation provider cancels or only partially uses the binding reservation. The terms and conditions of the contractual relationship apply to all persons specified in the order submitted by the guest and confirmed by the accommodation provider.
In the event that the order made by the accommodation provider is vague or does not contain all the necessary information or in the event of any requirements of the accommodation provider related to the order, the accommodation provider shall be obliged to complete the order immediately upon the accommodation provider’s request. If the guest does not respond to the accommodation provider’s requests within the specified period of time, even within 3 days, the order shall be deemed not to have been accepted and shall not be subject to further processing.
In the case of a binding order, the accommodation provider may require the accommodation holder to pay a deposit of 10% to 100% of the total price in advance; the accommodation provider may require the deposit at any time or may make the payment of the deposit conditional on the binding nature of the order and/or its cancellation.
The obligation to pay the advance payment may be replaced by providing the payment card details (type, card issuer, cardholder/owner, expiry date, card number, card security code), which are necessary for the pre-authorisation of the card in the amount of the estimated price of the ordered services.
In case of failure to meet the conditions for a binding order, the accommodation provider is entitled to unilaterally cancel the order and inform the accommodation provider of this fact.

III. RIGHTS AND OBLIGATIONS OF THE GUEST

The conclusion of the accommodation contract entitles the guest to the normal use of the reserved accommodation areas and facilities of the guesthouse, which guests of the guesthouse may use normally and without special conditions, and to the normal service and services associated with accommodation in the guesthouse. The guest must exercise his/her rights in accordance with any guesthouse regulations and/or guest regulations (accommodation rules) issued by the accommodation provider.
The guest is obliged to comply with the Guesthouse Accommodation Regulations, the Pool Operating Regulations, as well as other internal regulations issued by the accommodation provider relating to the provision of accommodation and services in the guesthouse. The guest is obliged to use the accommodation space as well as the common areas of the guesthouse and to receive services related to the accommodation properly and in such a way that the accommodation provider does not incur damage.
without the express written consent of the accommodation provider, the guest may not make any changes in the accommodation space or anywhere in the guesthouse, or move or relocate furniture or any equipment in the guesthouse. If the guest violates this prohibition, he/she is obliged to remove the unauthorized change immediately, but not later than at the end of the accommodation.
The guest may not grant a right of use of the accommodation space to a third party without the express written consent of the accommodation provider. Violation of this obligation by the accommodation provider shall be considered a gross violation of the accommodation provider’s obligations under the contract.
The guest has the right to complain about any deficiencies in the services provided by the accommodation provider. The guest is obliged to submit the complaint to the accommodation provider in writing without undue delay, no later than within one working day of discovering the deficiencies and so that a remedy can be negotiated, if possible on the spot (i.e. in the guesthouse). On-the-spot rectification will allow the defect to be rectified immediately, while the time lapse will make it more difficult to assess and deal with the complaint in a conclusive and objective manner. The complaint must be sufficiently specific so that the nature of the defects complained of, the circumstances of their discovery and their manifestation can be clearly identified. The guest shall not be entitled to payment of any costs associated with the complaint. The accommodation provider shall settle the complaint within a time limit appropriate to the nature of the deficiency complained of. The time limit for the settlement of the complaint shall be suspended for the period during which the guest has not provided the accommodation provider with the necessary cooperation to settle the complaint.
The guest shall be liable to the landlord for any damage caused intentionally or unintentionally in the premises of the guesthouse and its immediate surroundings by him/her, and/or by persons staying with him/her or by animals or guests of other persons who use the services of the guesthouse with the knowledge or at the will of the guest. The guest is obliged to report the damage to the accommodation provider immediately and to compensate the accommodation provider in full.
The guest has the right to cancel the confirmed reservation or order (terminate the concluded contract) or prematurely terminate the accommodation at any time before the start of the stay, provided that the cancellation conditions specified in these GTC are observed.
The guest is obliged to pay the agreed price for the services provided, including any additional costs incurred due to special services requested by him/her or the guests accompanying him/her, including statutory value added tax, no later than at the time of departure.

IV. RIGHTS AND OBLIGATIONS OF THE ACCOMMODATION PROVIDER

The landlord is obliged to provide the guest with important information about the stay and check-in. Upon a binding reservation or confirmed order, provide the guest with services in the confirmed scope and quality.
The accommodation provider may provide the guest(s) with adequate alternative accommodation (of the same quality) if this is acceptable to the accommodation provider as a contractual partner, especially if the difference in accommodation is insignificant and factually justified. Substantially justified is defined as a situation in which the premises of the guesthouse have become unusable, in which the guests already staying at the guesthouse extend their stay, or in which an excessive number of bookings or other important operational measures have been made which make this step necessary. Any extra costs for alternative accommodation will be borne by the accommodation provider.
The accommodation provider is entitled to charge for its services at any time or to charge them on an ongoing basis.
In the event of cancellation of a confirmed booking/reservation by the accommodation provider, the accommodation provider is obliged to pay the deposit paid for the stay within 14 days after the written receipt of the cancellation. However, if the accommodation provider is entitled to cancellation fees, the accommodation provider will pay the difference between the deposit already paid and the applicable cancellation fees. In the case of a binding reservation by providing credit card details for pre-authorisation, the accommodation provider is entitled to charge the cancellation fees to the accommodation holder’s account.

V. PRICE OF SERVICES

The prices of services provided by the accommodation provider in the guesthouse are listed in the current price list, in the current stay packages, on the website — <www.penzion-krumlov.cz>, in brochures and on the guesthouse internet portals.
The prices of the services do not include a fee (accommodation, recreational, etc.), which is collected in the amount set by a generally binding decree of the municipality.

VI. PAYMENT TERMS

Unless a different date is specified in the confirmation of the order by the accommodation provider, the advance payment of the ordered services must be paid within five working days of the confirmation of the order, but no later than two days before the start of the use of services in the guesthouse by the accommodation provider. In the event of failure to meet the deadline for payment of the advance payment of the ordered services by the accommodation provider, the accommodation provider shall be deemed to have withdrawn from the concluded contract in accordance with the provisions of these GTC, unless the accommodation provider informs the accommodation provider otherwise in writing. If the accommodation provider continues to perform the services according to the concluded contract even in the event of late payment of the price of services by the accommodation provider, the accommodation provider shall inform the accommodation provider of this fact in writing, in which case the concluded contract shall not be terminated.
The guest is entitled to pay the agreed price or deposit in the following ways:
1. by wire transfer to the accommodation provider’s account;
2. The price can be paid upon arrival in cash in Czech currency or by credit card (VISA, Master Card) at the reception of the guesthouse;
All payments must be made to the accommodation provider without any deductions, i.e. in the full amount of the services ordered.

VII. ACCOMMODATION SERVICES

Upon check-in, the guest shall present his/her ID card, passport or other identification and confirmation of stay at the reception desk of the guesthouse in order to complete the guesthouse application form by duly registering the guest. After completing the above formalities, the guesthouse reception will accommodate the guest and provide him/her with further information about the stay.
For more information about accommodation in the guesthouse, the guest can find in the guesthouse Accommodation Regulations and the swimming pool regulations.
The accommodation provider does not operate a guarded parking lot and is not responsible for any damage caused to vehicles and items left in them, nor for live animals, unless the accommodation provider declares in writing that he has taken custody of such items or animals.

VIII. TERMINATION OF CONTRACT, CANCELLATION FEES

The guest has the right to terminate the contract at any time in writing without notice, without giving any reason, under the following conditions. The fact that the guest fails to appear for the service on the basis of a binding order shall also be deemed to be termination of the contract without giving any reason.
If the contract is terminated without notice, the accommodation provider shall be obliged to pay the cancellation fee (i.e. the price for the service provided — making the reservation and everything related thereto) if the accommodation provider terminates the contract under the following conditions:
1. Individual guest and groups of up to 10 persons:
In case of cancellation more than 20 days before the agreed date — cancellation fee 0% of the price of the booked stay and services
Cancellation less than 20 days before the agreed date — cancellation fee of 25% of the price of the booked stay and services.
Cancellation less than 14 days before the agreed date - cancellation fee of 50% of the price of the booked stay and services
Cancellation less than 7 days before the agreed date or in case of no-show — cancellation cancellation fee of 100% of the price of the stay and services.
New Year’s Eve stays are subject to individual cancellation fees! (in case of cancellation up to 30 days before the agreed date — cancellation fee in the amount of the booked deposit)
1. Group bookings of 10 persons or more:
Cancellation 28 — 21 days before arrival — cancellation fee 30% of the price of the stay and services
Cancellation 20 — 14 days before arrival — cancellation fee 50% of the price of the stay and services
Cancellation 13 — 7 days before arrival — cancellation fee 75% of the price of the stay and services
Cancellation 6 — agreed day — no-show — cancellation fee 100% of the price of the stay and services

The accommodation provider agrees not to charge cancellation fees in case of cancellation more than 28 days before the announced arrival of the group. The accommodation provider does not provide any financial or other compensation for unused services ordered during the stay (accommodation, meals, swimming pool, and other additional services).

In accordance with the provisions of Section 1837 (j) CC, the accommodated person as a consumer does not have the right to withdraw from the contract concluded if the contract was concluded by distance (means of distance communication) or outside the business premises of the accommodation provider. In other cases, the guest is entitled to withdraw from the contract only if the law (in particular the CC) so provides.
The accommodation provider is entitled to withdraw from the contract or terminate the contract without notice for the following reasons:
Failure to pay the price for the services by the accommodation provider within the stipulated period;
For reasons on the part of the accommodated person or the person to whom the services are to be provided, according to these GTC, which result in the intentional frustration of the contract, e.g. in the case of non-arrival or non-compliance with the conditions of the provision of services, violation of internal regulations and accommodation rules of the guesthouse;
If the guest violates his/her obligations under the contract or good morals despite a warning (verbal form is sufficient);
For technical reasons.

In the above cases, the guest is not entitled to any financial or other compensation or to a refund of the amount paid, if the guest has paid the pension, except for the termination of the contract by the accommodation provider for technical reasons — in this case the deposit paid will be refunded to the guest.

IX. FINAL PROVISIONS

These GTC enter into force on 01. 05. 2023.

Amendments and supplements to these GTC may be individually modified between the accommodation provider and the accommodated exclusively in writing.
The landlord reserves the right to amend and supplement these GTC. Any amendments to the GTC shall not apply to contracts already concluded.
These GTC shall be deemed to be part of each individual contract within the meaning of § 1751 CC and their full text shall be published by the accommodation provider on the website of the guesthouse.
In the event of a conflict between the language versions of these GTC, the GTC in the Czech language shall prevail.
The accommodation provider shall use the personal data of the guest provided in the order of stay only for the contractual relationship between the accommodation provider and the guest.
The consumer is entitled to address his/her complaint to the Czech Trade Inspection Authority, Inspectorate for the Pilsen and Karlovy Vary Region, which is the body controlling legal and natural persons selling or supplying products and goods on the internal market, providing services or carrying out other similar activities on the internal market, providing consumer credit or operating a marketplace (marketplace), i.e. it is a supervisory body exercising supervision over consumer protection, proceeding in accordance with Act No. 64/1986 Coll, The website of the Czech Trade Inspection Authority is <www.coi.cz>.

The entity for out-of-court dispute resolution is the Czech Trade Inspection Authority — <www.coi.cz>