TERMS AND CONDITIONS
These Terms and Conditions govern the relationship between the Tauhaus villa operated by Glocal Consulting, s.r.o., ID No.: 25775189, Tax ID No.: CZ25775189 with its registered office at Na Marně 1135/7, Bubeneč, 160 00 Prague 6, entered in the Commercial Register kept by the Metropolitan Court in Prague, File No. C 243703 (hereinafter “we“, “us” and “our”) and an individual or corporate client that makes a booking for a stay in the villa (hereinafter “you“ or “your”).
If there is any conflict between any contract, including our standardized contracts, and the provisions hereof, the provisions of the contracts will prevail over the provisions hereof.
The Terms and Conditions are incorporated into any pre-contractual arrangements as soon as negotiations between you and us start, and are incorporated into contracts as soon as the contracts are formed.
The villa made available to you includes all indoor and outdoor premises at Rabštejn nad Střelou 72, 331 62 Manětín referred to as Tauhaus including a barn, wine bar, pergola, caravan, outdoor sauna, technical facilities and the garden.
Article I.
Pre-contractual arrangements
1. Pre-contractual arrangements include booking of the services, negotiating the terms and confirmation of the booking by us.
2. Orders must be made in writing and must clearly specify the identity of the person making the order and what is being ordered (details of the services, dates, price etc.). Orders must be sent by e-mail to: info@tauhaus.cz.
3. In addition to the booking procedure under Paragraph 2, accommodation can also be booked through the booking form at www.tauhaus.cz or through partner online booking systems (e.g. Booking.com, Airbnb.com, e-chalupy.cz).
4. Once the order is signed, it is confirmed by e-mail, or the booking is accepted by you by means of an automatic e-mail confirmation through the booking system that you have chosen, we accept to provide the services as booked in the agreed extent and thus the contract is formed.
5. If you, or any person you may designate, book additional services, we and you agree to act in compliance with Article I. We agree to make reasonable efforts to provide any additional services, but we cannot guarantee that they will be provided.
Article II.
Responsibilities of the Parties
1. Upon formation of the contract, we agree to provide you with accommodation services under Section 2326 et seq. of Act No. 89/2012 Sb., the Civil Code, as amended (hereinafter the “Civil Code”), or any other services as may be agreed in the contract.
2. Upon formation of the contract, you agree to receive the services and pay us the price as specified in the order/contract.
Article III.
Check-in
1. Upon check-in, all adult guests shall produce an identity card. You must inform us of any changes in the identity of the guests prior to arrival. You agree to provide us with a list of all guests prior to arrival if requested by us. Once all statutory requirements are met and the registration card is filled in (for the purposes of the Immigration Police), the manager will check in the guests and provide them with additional information about the accommodation.
2. All guests shall comply with the Accommodation Rules provided upon check-in. The Accommodation Rules in writing are available to the guests freely throughout their stay.
Article IV.
Payment terms
1. If we require an advance payment, you shall pay the requested amount by the due date as specified in the contract; the advance payment is considered to paid on the date when it is credited to our bank account, unless agreed otherwise. If you do not make the advance payment in full by its due date, we reserve the right to cancel the booking and charge cancellation fees as foreseen in Article V hereof.
2. In consideration of the accommodation, you shall pay the agreed price. You agree to pay the total price by wire transfer to our bank account. We will issue an invoice, or a payment assessment, for each payment. Unless agreed otherwise, the payments must be made within 7 days after the invoices are issued. You must raise any issues in the invoice in writing within 5 calendar days after you receive the invoice. If we find the raised issue to be justified, the due date of the invoice is postponed and the amount will be due by the due date specified in the new invoice. If we do not find the raised issue to be justified, the amount must be paid by the original date.
3. Unless agreed otherwise, the payment is considered to be made once it is credited to our bank account specified in the invoice.
4. If you are in default with the payment for the services, we may request that you pay the original amount plus default interest of 0.25% of the unpaid amount for each day of default from the first day following the due date until the payment thereof.
5. We reserve the right to use any of your payments to settle the most remote unpaid amount. We may use any of the blocked amounts to pay any unpaid amounts arising during or after your stay (e.g. penalties for breaking the Accommodation Rules).
Article V.
Cancellation policy
1. Cancellation includes cancellations, moving stays to a later date and modification of a confirmed order.
2. You must give a written notice of cancellation to the person who arranges the terms with you, or any other person designated by us.
3. If you cancel services that have been booked and confirmed, you must pay us a cancellation fee in accordance with the cancellation policy applicable to your booking; the cancellation fees will be calculated on the basis of the price of the cancelled services including VAT as follows:
Free cancellation is available if you cancel the booking 60 days or more prior to arrival.
If you cancel the booking 59 to 30 days prior to arrival, you will be charged a cancellation fee of 50% of the total price of the booked services.
If you cancel the booking 29 days ane less prior to arrival, you will be charged a cancellation fee of 70% of the total price of the booked services.
If you do not appear for the check-in without prior notice of cancellation, you will be charged a cancellation fee of 100%.
We reserve the right to apply specific cancellation terms if applied through partner booking systems which you used to make the booking.
4. For the purposes of the Terms and Conditions, the price of accommodation means the price for renting the entire villa. The price also includes any municipal fees and VAT at the statutory rate. If the booking includes additional services (e.g. catering), the price is calculated separately and added to the final price for the accommodation.
5. If the amount paid so far is not sufficient to cover the cancellation fees, you will be invoiced the cancellation fee to be paid within 7 days. If you are in default with the payment of the cancellation fee, we may request that you pay the fee plus default interest of 0.25% of the unpaid amount for each day of default from the first day following the due date until the payment thereof.
Article VI.
Complaints
1. You must raise any complaint involving the services provided by us in writing with the person who arranges the terms with you, or any other person designated by us. The complaint must be raised as soon as the defects of the services have been identified, but not later than on the date following the last day of the provision of the services. Any complaints raised thereafter will not be considered.
Article VII.
Withdrawal
1. Each Party may withdraw from the Agreement under the terms and on the grounds specified by law or the contract.
2. We may withdraw from the contract with immediate effect (in full or in part) if you commit a material breach hereof, or if you repeatedly breach any of your obligations under the contract or the Accommodation Rules or if you are in default with the payment of any amount.
Article VIII.
Jurisdiction
1. Guests may apply for out-of-court resolution of disputes with the body competent to deal with consumer disputes, i.e.:
Czech Trade Inspection Authority
National Inspection Office, ADR Department
Štěpánská 15
120 00 Praha 2
Email: adr@coi.cz
Web: www.adr.coi.cz
The Czech Trade Inspection Authority is an authority responsible for supervision over consumer protection acting under the Czech Trade Inspection Authority Act (Act No. 64/1986 Sb.), as amended, as well as other legislation. Website of the Czech Trade Inspection Authority: www.coi.cz.
2. Under Section 1837(j) of the Civil Code, guests in the capacity of consumers are not entitled to withdraw from the contract of accommodation if the facility provides accommodation on the designated dates.
3. If out-of-court agreement is not possible, the Parties have agreed that the dispute will be resolved in accordance with Czech law, in Czech language and before the court of competent jurisdiction corresponding to our registered office.
Article IX.
Consent to receiving our marketing materials
If you opt in for receiving marketing materials as part of the booking process, we will proceed in accordance with the Information Society Services Act (Act No. 480/2004 Sb., as amended). In such a case, you consent to receiving such marketing materials to your e-mail address. You may revoke the consent at any time by sending us an e-mail.
Article X.
Force majeure
If we are unable to comply with the agreed terms as a result of an event of force majeure despite making our best efforts, we may withdraw from the contract unless agreed otherwise by the Parties. Force majeure includes, without limitation, damage to (or part of) the villa or premises as a result natural disasters, or restrictions to operation imposed by the government. In the event of force majeure you are not entitled to enforce any contractual penalties, damages of lost profit.
Article XI.
Miscellaneous
1. The Parties acknowledge that your and our liability as well as liability of all guests is governed by Section 2894 et seq. of the Civil Code. Unless the Parties agree otherwise, any damages will be paid in cash. If we incur any damage or lost profit caused by any of the guests and the guests fail to settle the claims, you agree to settle the claims as if you caused the damage yourself.
2. Upon check-in, we may request a refundable cash deposit. We agree to refund the deposit or a part thereof to the guests upon check-out after any of the claims hereunder have been settled.
3. If we find your conduct or the conduct of any of the guests to amount to a material breach of the Accommodation Rules, we may, after discussing the issue with you, terminate your accommodation or the accommodation of other guests without any compensation or without any limitation to the right to charge you for the accommodation.
4. As foreseen by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons (GDPR) and the Data Protection Act (Act No. 110/2019 Sb.), you understand that we will record, process or disclose the personal data of individuals specified in the contract or received in relation to the contract including, without limitation, their first name, surname, date of birth, visual recordings or contact details for the purposes of performing the contract, settlement of the rights and obligations under the contract, as well as for the protection of our rights, to keep any statutory records and comply with statutory duties. If you wish to receive from us any marketing materials or other information, you may opt in on our website. You may opt out at any time by e-mail. You, as well as other guests, must read the information on personal data processing on our website. After all the issues under the contract have been settled, you may request that we delete all your personal data.
5. You understand that the personal data provided by you must be correct and accurate and that you must inform us without undue delay of any changes in your personal data, or exercise your right for rectification of any incorrect personal data. We may authorize a third party to act as a processor of your personal data. The personal data will be processed either in their electronic form in an automated way or in a paper form in a non-automated way in compliance with the statutory requirements including, without limitation, personal data security requirements. The personal data will be processed as long as necessary to perform the contract, or any other duties, but for not more than 5 years. You may raise an objection against processing the personal data related to you by e-mail. We will not continue to process your personal data unless we establish serious grounds for processing that prevail over your rights, interests or freedoms, or unless necessary to determine, exercise and defend legal claims. If you raise an objection against processing for the purpose of direct marketing, the personal data will no longer be processed for this purpose. You may file a complaint with the Office for Personal Data Protection even if your objection is not upheld. This is without prejudice to your right to judicial protection if you believe that we, or any data processor, have violated your personal data protection and processing rights.
6. All outdoor premises of the villa are continuously monitored through CCTV. The monitoring is carried for the purpose of property protection and enhanced personal security. The processing only includes video recordings without any audio recordings. We are the controller of such recordings. The video recordings are stored on an HDD device. We do not engage any other processor to operate the CCTV system. The place of processing is located at Rabštejn nad Střelou 72, 331 62 Manětín. The CCTV data may only be received by law enforcement agencies or courts or public authorities dealing with administrative infractions. Since the CCTV system uses loop recording, the data are stored for a maximum of 6 days; thereafter the data are deleted automatically.
7. You may request by e-mail that we send you a confirmation whether your personal data are processed, and if so, you may access information about: a) the purpose of processing; b) the personal data category; c) personal data recipients or recipient category; d) the estimated retention period of the personal data; e) your right to request that we rectify or delete personal data related to you, or that we restrict the processing; f) your right to lodge a complaint with a supervisory authority; g) all available information about the source of personal data unless received from you; h) the fact that processing is automated.
8. You may request by e-mail that we delete any personal data related to you if any of the following grounds exist:
a) the personal data are no longer needed for the purpose of collecting or processing; b) you have revoked the consent with processing and there are no other legal grounds for processing; c) you have raised an objection against processing and there are no prevailing grounds for processing, or d) the personal data are processed unlawfully; e) the personal data must be deleted to comply with a statutory duty under Czech or EU legislation; f) the personal data were collected in relation to an offer of the services of an information society. If we publish the personal data and are required to delete the data, we will taky any reasonable steps in light of the available technology and in proportion to the costs, including any technical measures, to inform any processing entities to delete all links to the personal data, their copies or reproductions. This will not apply if necessary a) to exercise the freedom of expression and the right to information; b) to comply with a statutory duty to process the data under Czech or EU legislation or to perform a task in the public interest or for the performance of public authority delegated to us as the controller; c) in public health interests; d) for the purpose archiving in the public interest, for (historical) research or for statistical purposes if there is a likelihood that the exercise of the right may prevent or jeopardize the purpose of the processing; e) to determine, exercise and defend legal claims.
9. You may obtain personal data related to you and provided to us as the controller in a structured, commonly used and machine-readable form, and you may transfer the data to another controller without such transfer being prevented by us, and if technically feasible the transfer may be carried by us, if a) the data are processed under a consent or a contract; and b) the processing is automated. The exercise of the rights must not be detrimental to the rights and freedoms of other persons. This right will not apply to processing necessary to perform a task in the public interest or public authority delegated to the controller.
10. You as well as any other guests understand that we have no safe nor are there any in-room safes to store your personal valuables (e.g. identity documents, cash, electronic devices, jewelry or other valuables). The only protection available is locking the room of the guest. We are not liable for any loss of or damage to valuables kept freely in an unlocked room or any other place in common areas or outdoor premises.
11. Smoking is strictly prohibited in all indoor premises. If the smoking ban is not complied with, we may charge you or the guests a contractual penalty of CZK 10,000 for each incident. This is without prejudice to our right to claim damages or lost profit in excess of the contractual penalty in relation to removing any consequences of the incident such as a fire brigade trip, or deep cleaning of the premises.
12. Any personal belongings left by the guests in the premises will be sent to you or the guests by Czech Post at the guest’s cost (cash on delivery).
13. For the avoidance of doubt, the contract does not involve catering services, decorations, audio systems, flowers, playground equipment et. If you wish to install any decorations, audio systems or other installations, you need to obtain our prior written consent. You are responsible for preventing any damage to the villa and its surroundings; without limiting the generality of the foregoing, you are responsible for complying with the Accommodation Rules and our instructions. Without our prior written consent, you may not use any fireworks or decorations which require special cleaning or removal procedures (e.g. confetti, loose rice, glitters, colours, bubble blowers, plasticine, special installations). If you fail to comply with this prohibition, we may charge a contractual penalty of CZK 3,000 for each incident. This is without prejudice to our right to damages or lost profit related to the removal of the consequences.
14. We may use the blocked funds to settle any unpaid amounts accrued during the stay even after the check-out.
15. All prices are valid for the respective year and are not definitive. We may make slight adjustments to the prices prior to your arrival in situations including, without limitation, increases of prices of any services or materials, or increases of the VAT rate.
Article XII.
Final provisions
1. If any of the provisions hereof is or becomes invalid or ineffective, it will be replaced with a provisions whose meaning is as close as possible to the invalid or ineffective one. This is without prejudice to the validity of the remaining provisions. Any amendments to and modifications of the Terms and Conditions must be made in writing.
2. Our contact details:
i) Mailing address:
Glocal Consulting s.r.o., Na Marně 1135/6, 160 00 Praha 6
ii) E-mail: info@tauhaus.cz
3. These Terms and Conditions enter into force and effect on 1 May 2023 and supersede any previous wordings or their parts; the Terms and Conditions are available online at https://www.tauhaus.cz/.