General business conditions
General trading conditions
1. THE INTRODUCTION
For purposes of contractual relations, concluded in terms of the enterprise activity of the company HORY GmbH, Egger Strasse 1, 9260 Hermagor, IČ: 167/1041, DIČ: ATU65729802, delivery address: Czech Republic, 130 00 Praha 3, Písecká 5, between this company as the Owner and Operator of the appartments at Tröpolach, Wohnhausanlange , 9631 Tröpolach 145-149 (further only „Operator“) and the user of Operator´s services (further only „Client“) the Operator publishes General Trading Conditions (further only „GBC“) as follows:
2. Basic Definitions
- Object - to be understood - an appartment, in ownership of the Operator, located at the address as follows: Austria, Tröpolach, Wohnhausanlange, 9631 Tröpolach 145-149, and which is presented at the owner´s Internet pages www.booknassfeld.com as an appartment for stay
- A stay of an appartment type, according to this contract, to be understood a temporary accommodation for a requested time, in appartments, which are in Operators ownership, and situated at the address, stated in par. 1 of these GBC (further only „stay“)..
- Operator´s service -- the sale of stays for temporary accommodation of apparment type.
- The Order should be understood as booking of Accommodation made by Client, that has been confirmed by the Operator and for which has been paid contractual price specified in paragraph 3.2 of this GBC. The Order shall be binding immediately upon payment of contractual price done by the Client in favour of the Operator. Till this moment the reservation may be cancelled by Client in line with conditions specified below.
- By ordering the Apartment the Client gives consent to the current GBC published at the web pages: www.booknassfeld.com. The GBC becomes an integral part of a contractual relationship between the Provider and Client and is based on Order.
3. Registration, concluding of the contract and payment conditions.
- The contractual relation between the Client and the Operator originates on the base of the order according to art. 2, par.4 of these VOP.
- The Client can book his stay electronically on the Internet page www.booknassfeld.com by e-mail:email@example.com, or by letter at the delivery address. In case of booking aceptance the Operator commits himself to inform the Client about this aceptance without undue delay in form of confirmation of the booking reservation. Simultaneously will the Operator send to the Client a base for payment – an invoice in the respective amount- 100% from the price of the booked stay. The payment maturity of this invoice is 14 calendar days before the first day of stay.
- The contract between the Client and the Operator is being concluded after the price for the respective stay hs been paid, in the amount according to par.2, art.3 of these GBC. If the Client will not pay the price of the booked stay in maturity of the invoice, is the Operator authorized to dispose again free with this stay.
4. The contractual price
- The final price for the ordered stay results from the actual price list of the Operator, which is presented at the Internet address www.booknassfeld.com. The Operator reserves the right to modify his price list. However, when the object was already reserved, are for the Client valid actual prices.from the time of reservation.
- In the prices of the stay the regular energy consumption is included, unless something else is not stated in the description. In the prices of the stay are not included especially following services:
- Clean-up of the appartment during the stay
- The so-called touristic fee , which the Operator is obliged to pay to the respective Austrian authority,
- An additional parking place,
- The price for clean-up during Client s stay,
- The price for the final clean-up.
3. Prices for these services, which are – in valid amounts presented on the Operators www pages - ww.booknassfeld.com.
5. Arrival and departure, shortening or prolongation of the stay
- The Client´s arrival has to be effected on the 1.day of the ordered stay between 17:00 o´clock and 20:00 o´clock., the departure until 10:00 o´clock of the last day of his stay. If the Client intends to arrive out of these determined times, is he obliged to inform the Operator in time about it, latest however untill to 12.00 o´clock of the first day of his stay, this on reception phone numbers as follows:: +43 664 882 82 288 (reception in Tropolach), eventually the Prague office +420 775 733 463, and tell them the hour of the supposed arrival.. In case that the Cient will not meet this obligation, is the Operator authorized to charge him a contractual penalty in amount of one day stay in the appartment in question. This price is presented on the Internet address www.booknassfeld.com. In case that the Client reserves the stay with less than 24 hours remaining on the first day of his stay, the Client is obliged to contact the Operator by telephone without undue delay and notify him about his arrive.
- A delayed arrival in sense of previous assessments of this arrticle does not establish a requirement of the Client for a price reduction from the contractual price of his stay, even already covered.
6. Changes of agreed conditions
- In case of occurence of extraordinary circumstances and/or circumstances due to the so-called „vis major“, the Operator might cancel the ordered stay by a notice, or change the terms (date, price) after agreement with the Client.
- If the ordered stay already started, is the Operator authorized to request the payment of services, provided as yet.
- Client about this fact without any delay and reimburse him until 7 days the covered contractual price, or its part, and, in case of Client´s request, to put him in preference to a free place in an other date and time of stay, according to Client´s choice.
7. Rights and Obligations of the Clients.
- The Client commits oneself to provide to Operator all essentials, which are necessary for a regular provision of services, especially to fulfill truly and completely his reservation for his stay in the respective object, or follow competent instructions of the Operator.
- The object reserved for stay may be occupied maximally by so many persons as stated on the websites as maximum. Additional persons will be not accepted by the Operator. The Client acknowledges that it is not allowed to enter the building or apartment with animals.
- The client is responsible for all damages caused by him or by accompanying persons, except of cases where he is able to give demonstrably proof, that he is for these damages not responsible. The same solution is practised when a damage for the Operator arises, due which it is not possible to hand-over the object for a further stay, this by the fault of the client. Such damages have to be covered by the Client to the Operator in full amount, latest the last day of his stay. In case of a payment.delay by the Client is the Operator authorized to charge the Client a contractual penalty in amount of 10,- EUR for every day of this delay.
- The Client is obliged to observe the operating regulations of the rented object,especially
- keep since 22.00 do 7.00 o´clock silent hours,
- abstain smoking inside of the object,
- keep order and cleanness inside of the object as well as on its surroudings,
- report properly and in time to Operator all damages which originated in the object during his stay.
The Client is responsible for correctness of the stated data about himself and accompanying persons
5. The Client acknowledges to be fully responsible for damage which arises to the Operator due Client´s fault (sanctions of Austrian authorities etc.).
6. For nonobservance of any commitments of the Client as stated in this article is the Operator authorized to charge a contractuary pernalty in amount of 10 EUR for every such infraction. The right for damage compensation remains thereby unaffected.
7. In case when the Client or any accompanying person will break the ban of smoking in the object respective, is the Operator authorized to charge a contractuary prenalty in amount of 100 EUR for any individual case.
- The Operator specifies expressly, being not responsible for damages on subjects or property of the Client, which can arise on subjects or property of the Client during his stay in the respective object, as far as it will not be proved that this damage is due to his fault (guilty mind).
9. Complaint procedure
- The Client is obliged to claim appropriate deffects – shortcomings without unnecessary postponement directly to the Operator during his stay on phone numbers +43 664 882 82 288 (reception Tröpolach), or +420 775 733 463 (office in Prague) and describe these shortcomings in detail. The Operator comits to remove these shortcomings without unnecessary postponement. If this is not possible will the Operator write with the Client a written claim. This claim is to be make out in two issues (1 for the Operator, and 1 for the Client) and has to be signed by the Client..
- The Client comits himsel to report to the Operator the occurence of the deffect – shortcomings latest 24 hours from its discovery. Otherwise can his requirement shortcomings not be regarded.
- If the Client due his own reasons does not use the stay in the ordered object during the ordered time, or in the contracted extent, there is neither a requirement for a compensation , nor for a price reduction from the contractual price.
10. Contract duration
- The Client might any time onesidedly cancel the order, however, only under conditions as follows:
- Cancellation of the order is valid, if the Client makes it in a written form, and adds – as enclosure the confirmation about payment of the contractual price and deliver these documents demonstrably to the Operator. In such a case of delivered notice is the Operator authorized to charge the Client a cancellation fee, representing a compensation of the damage which arised to Operator due the premature cessation of the order. The Operator is authorized, onesidedly to count in the charged cancellation fee toward the contractual price, or its part which was already paid. For assessment of the cancellation fee in sense of this article following items are decisive: by e-mail - the date, on which the Operator received the email, and by a registered post consignment the date, on which the Operator received the letter.
- If the Client cancels onesidedly the order:
a) more than 14 days before the first day of the stay respective, a cancellation fee in amount of 0% from the total price of this stay will be charged to him,
b) 13 days before the stay respective should begin, up to day of the planned arrival, or during the ordered stay , a cancellation fee in the amount of 100% from the total price of this stay will be charged to him.
4. If the Client will onesidedly cancel the contract according to this article, is the Operator obliged to reimburse to the Client the paid contractual price, reduced by the cancellation fee respective, this until 21 days after receiving documents, stated in the passus 2 of this article. This amount will be reimbursed to the Client by the banking transfer according to Clients information in detail. The transfer expenses connected with refundation bears the Client.
7. The Operator is authorized to to withdraw from contract in cases as follows:
- The Client violates the legal order of the Austrian Republic,
- The Client repeatedly does not observe these GBC regulations,
- The Client refuses to follow the competent requirements and instructions of the Operator,
- The Client damages the property of the Operator, or of other owners, the common spacea , or derrogates the rights of other clients or persons in the neighbourhood,
8. If the Operator withdraws from the contract due to reasons above, has the Client no right to any compensation for the unused time of the ordered stay.
11. Final assessments
- The Operator reserves the right to modify the GBC regulations. The GBC valid for the respective day are always presented on the Internet address: www.booknassfeld.com.
- All contracts as well as resulting legislative relations, whose part are these GBC regulations, are governed by the legal order of the Czech Republic, unless there is in the contract stated differently. The contracting parties agreed explicitly, that an eventual disagreement will be adjudged by Czech courts, concretely in processional trading cases by the Regional Court in Brno and in the other cases by the the Municipal Court in Brno.
- As far as any obligation according to these VOP, or any of their assessment is or became invalid, or unenforcable, the validity and forceability of other obligations and assessments according to these GBC, and the contracting parties comit hemselves, to substitute such invalid or unenforcable obligation or assessment by a new, valid and forceable obligation, which subject will optimally agree to the subject and to the economical purpose of the original obligation or assessment.
- In so far as these are regulated in the contract differently from these GBC, priority have the assessments in the contract.
In Prague on 25.8.2020