GENERAL TERMS AND CONDITIONS

I

Definition of terms and introductory provisions

  • These General Terms and Conditions (hereinafter referred to as “GTC”) have been created as a legal framework to specify the rights and duties of Contracting parties when providing Services (which are defined below), and are made in accordance with § 273 Art. 1 Act No. 513/1991 Coll. Commercial Code as subsequently amended (hereinafter referred to as “Commercial Code“).
  • These GTC form an integral part of every Agreement and/or Client´s reservation of Services based on which the Hotel provides Services to the Client and the Client pays for these Services. Any additional arrangements made with regard to the Agreement and/or Client´s reservation of Services and related amendments that might differ from these GTC shall be given priority. Terms and conditions of the Client can be accepted only if agreed by the Contracting parties in writing.
  • Capitalised terms have the meanings assigned to them in these GTC or in the respective Agreement and refer both to singular and plural.
  • The term Hotel refers to (i) the accommodation facility named Hotel Lomnica, which is built in the settlement of Tatranská Lomnica no. 92, 059 60 Vysoké Tatry, and/or (ii) the owner and operator of Hotel Lomnica – the Mores Resort, a. s. company with the registered office at Galvaniho 17/C, 821 04 Bratislava, Company number: 46 830 995, registered in the Commercial Register of District Court Bratislava I, Section: Sa, Insertion No.: 6213/B, tax ID: 2023620742, VATIN: SK2023620742 (tax registered in accordance with § 4 VAT Act), phone number – reception: +421 (0)52/28 53 500, +421 (0)52/28 53 501, email address: recepcia@hotellomnica.sk, fax number: +421 (0)52/28 53 505.
  • The term Client refers to any natural person or legal entity who makes an agreement with the Hotel for the provision of services; or sends a binding reservation to the Hotel; or on behalf of whom the Organiser makes an agreement with the Hotel for the provision of services; or on behalf of whom the Organiser sends a binding reservation to the Hotel.
  • The term Organiser refers to any natural person or legal entity that organises an event in any way or books a stay for a group of people in accordance with Art. I Sec. 12 and 13 of these General Terms and Conditions on behalf of the Client or in the Client´s best interests and enters into a contractual relationship with the Hotel.
  • The term Contracting parties refers to the Hotel and the Client.
  • The term Early check out is used when the Client leaves the Hotel and ends his/her stay at the Hotel before the pre-arranged departure day.
  • The term Early check in is used when the Client checks in at the Hotel before 02:00pm on the day of the pre-arranged arrival.
  • The term Late check out is used when the Client leaves the Hotel and ends his/her stay at the Hotel after 12:00noon on the day of the pre-arranged departure.
  • The term No show is used when the Client fails to arrive at the Hotel and at the same time fails to cancel his/her stay.
  • The term Pre-authorisation refers to a “hold” on the payment card credit line of the Client in accordance with Art. III Sec. 9 and 10 of these GTC.
  • The term Service refers to any kind of services offered by the Hotel, mainly accommodation, catering, conference and wellness services (hereinafter referred to as „Service” or „Services”).
  • The term Agreement for the provision of services (hereinafter referred to as „Agreement”) refers to an agreement of Contracting parties for the provision of a Service or Services for the Client by the Hotel in the form of:
  • an Agreement between the Hotel and the Client; or
  • a confirmation of a booked Service or booked Services for the Client by the Hotel. The confirmation can be made in writing, by fax or by email.
  • Force majeure (Lat. vis maior) refers to an event beyond the control of the Hotel which prevents the Hotel from providing a Service or Services to the Client if one cannot expect that the Hotel could avert or handle the event or its consequences or that the Hotel could anticipate such event at the time the respective Agreement with the Client is made. 
  • The term Event refers to a social event for a bigger number of clients, i.e. usually 10 people and more, which is combined with providing various kinds of Services by the Hotel.
  • The term Group usually refers to 20 people or more (or min. 10 rooms occupied by 1 or 2 clients) who book Hotel Services together or for the same period of time.
  • Hotel Price list is the list of prices of Hotel rooms and other Services which are valid at the time the Agreement is made and/or the Services are provided.
  • Accommodation rules specify rules that apply to the accommodation at the Hotel. They are displayed at the Hotel reception, in Hotel rooms and they become binding for the Hotel Client the moment he/she checks in at the Hotel.
  • Complaints policy specifies terms and conditions related to making complaints about Services provided by the Hotel. It is displayed at the Hotel reception, on the Hotel website www.hotellomnica.sk and becomes binding for the Hotel Client the moment he/she checks in at the Hotel.
  • Special offers include last minute, first minute and other offers that are specified as “special offers” of the Hotel.
  • Information obligations of the Hotel defined by § 10a Art. 1 items e) and f) Act No. 250/2007 Coll. on the Consumer Protection and on changes to Act of the Slovak National Council No. 372/1990 Coll. on Offences as subsequently amended are considered fulfilled by publishing the Complaints policy of the Hotel on the Hotel website www.hotellomnica.sk and displaying it at the Hotel reception.
  • These GTC come into force on 01/11/2016 and become binding for the Hotel from the day they are published on the Hotel website www.hotellomnica.sk, and for the Client from the moment he/she makes an Agreement in accordance with Art. I Sec. 9 item a) of these GTC; or from the moment a reservation of Services is sent to the Hotel in accordance with Art. I Sec. 9 item b) of these GTC.
  • When booking Services offered by the Hotel, every Client confirms to agree to these GTC.
  • The Hotel reserves the right to change these GTC. The obligation of having a written copy of the GTC is considered fulfilled by publishing of their latest version on the Hotel website: www.hotellomnica.sk.

 

II

Services

  • By making an Agreement, the Hotel undertakes to provide Services to the Client in the pre-arranged quality and scope, mainly the scope defined in the Agreement. The Client is obliged to pay the pre-arranged price to the Hotel for the respective Services as well as to compensate the Hotel for any damage that may result from using the Services.
  • The Hotel provides accommodation services under the following conditions:
  • Based on the respective Agreement, the Hotel is obliged to let the Client use the type of room he/she has booked from 02:00pm on the day of the pre-arranged arrival of the Client at the Hotel. The Client is entitled to have the booked type of room prepared earlier (i.e. Early check in) only if arranged with the Hotel when making the Agreement.
  • The Client is not entitled to choose a specific room in the Hotel unless otherwise arranged with the Hotel.
  • The Client is obliged to leave his/her room on the day of the pre-arranged departure until 12:00noon unless otherwise arranged between the Contracting parties.
  • In the case of a late check-out, the Hotel is entitled to charge the Client as follows:
  • 40,- EUR (forty Euro) for a late check-out until 02:00pm on the day of the pre-arranged departure;
  • 80,- EUR (eighty Euro) for a late check-out until 06:00pm on the day of the pre-arranged departure;
  • 100% (one hundred percent) of the room rate specified in the Price list of the Hotel for a late check-out after 06:00pm on the day of the pre-arranged departure.

The Client is obliged to pay the above mentioned surcharges without being entitled to use Services of the Hotel related to accommodation.

  • Every Client who checks in at the Hotel before 07:00am (i.e. Early check in) is obliged to pay 100% of the accommodation rate for the previous night.
  • If the Client fails to check in before 12:00midnight on the day of the pre-arranged arrival and unless otherwise arranged by the Contracting parties, the Hotel is entitled to let another Client use the booked room(s).
  • Every Client is obliged to have a look at his/her room once received from the respective Hotel staff member for temporary use and to inform the Hotel reception about potential deficiencies, irregularities or complaints immediately once discovered. The same applies if the Client discovers any damage related to the room, the furniture or equipment inside. If the Hotel discovers any damage related to the room, the furniture or equipment inside the room after the Client checks out and the Client fails to inform the Hotel about the damage, the Client is obliged to pay for its full extent.
  • Every Client undertakes to respect the Accommodation rules of the Hotel.
  • The Hotel does not bear responsibility if a Service or Services that has/have been booked by the Ordering party cannot be provided due to force majeure.

 

III 

Prices of Services and terms of payment 

  • Every Client is obliged to pay the pre-arranged price for the provided Service(s) to the Hotel. The same applies to Services that were provided by the Hotel to third parties based on a request of the Client.
  • Unless a specific price of Services has been arranged between the Contracting parties in the Agreement, every Client is obliged to pay the respective price for the provided Services based on the Price list of the Hotel which is valid at the time the Services are provided.
  • Prices for Services specified in the Price list of the Hotel are final and include the value added tax. They do not include local taxes and charges that shall be paid by the Client when checking out from the Hotel.
  • The Hotel can change the prices if the Client changes the number of booked rooms, the scope of services, the length of stay and other details consequently, however, with the approval of the Hotel.
  • The Hotel is entitled to require advance payment of the Client when making the Agreement.
  • Unless otherwise arranged between the Contracting parties, the tax receipt in the form of (i) an invoice or (ii) a final account statement issued on the day of the check-out or on the day when the Client uses the respective booked Services of the Hotel shall be considered the basic document for making the final account of booked and used Services of the Client. If the Client pays by card or in cash, a cash register receipt shall be added to either of the above mentioned types of tax receipts.
  • The invoice must include all details specified by valid laws of the Slovak Republic. The due date of the invoice is 14 (fourteen) days from the day it has been issued unless paid by card or in cash. In the case of bank transfer payment, the invoice is considered paid on the day when the Hotel has the respective sum of money at disposal, i.e. when the sum is credited to the bank account of the Hotel which is specified on the invoice.
  • Payment by card can be made before or after the Client uses the respective Service(s) of the Hotel and must be completed based on all data which are required to make the payment and which the Client has provided. By providing the data, every Client agrees to have his/her card used to make the respective payment.
  • The Hotel is entitled to keep a 50 (fifty) EUR deposit of the Client in accordance with Art. III Sec. 10 of these GTC in the form of:
  • pre-authorisation on the payment card of the Client, or
  • a cash deposit which is paid by the Client when checking in at the Hotel and stored at the reception of the Hotel.

Every Client can choose between the two above mentioned forms of deposit when checking in at the Hotel. By marking the form of the deposit on the registration form, every Client agrees to have the respective amount of money kept by the Hotel and used in accordance with these GTC.

  • The Hotel is entitled to use the deposit of the Client to cover debts that may arise while the Client uses Services in the Hotel or before/after the Client leaves the Hotel, e.g. bills for the consumption of the mini bar offer, damages, fines and other liabilities of the Client towards the Hotel.
  • In the case of pre-authorisation in accordance with Art. III Sec. 9 item a) of these GTC, the Hotel is entitled to “hold” on the card credit line of the Client for a maximum of 14 (fourteen) days after the pre-authorisation has been made. If the Client uses Services of the Hotel for a period which is longer than 14 (fourteen) days, the Client is obliged to come to the reception of the Hotel, even several times if necessary, and enable pre-authorisation or pay the respective deposit in cash in accordance with Art. III Sec. 9 item a) of these GTC again.
  • The sum specified in Art. III Sec. 9 item of these GTC shall be kept by the Hotel as a deposit of the Client until he/she stops using Services of the Hotel, however, for a maximum of 14 (fourteen) days after the last pre-authorisation has been made on the credit card of the Client.
  • If any debt of the Client shall be higher than 50,- EUR (fifty Euro), the Hotel will issue an invoice in accordance with Art. III Sec. 10 GTC with the final sum deducted by the 50,- EUR (fifty Euro) deposit and a due date of 14 (fourteen) days. Unless the invoice is paid properly and in time, the Hotel is entitled to collect it from the Client in accordance with relevant laws.
  • If any debt of the Client is lower than 50,- EUR (fifty Euro), the Hotel shall return the remaining amount of deposit money to the Client as follows:
  • in the case of pre-authorisation, the rest of the deposit amount shall be returned to the Client after the Client stops using Services of the Hotel, however, no later than on the day the pre-authorisation period expires in accordance with Art. III Sec. 11 of these GTC. The respective bill shall be given to the Client once he/she stops using Services of the Hotel or shall be sent to his/her address (postal or email) which is entered in the registration form;
  • if Art. III Sec. 9 item b) of these GTC applies, the rest of the deposit amount shall be returned to the Client along with the respective bill no later than at the moment the Client checks out of the Hotel.
  • If the Client does not have any debts to the Hotel in accordance with Art. III Sec. 10 of these GTC and if:
  • in the case of pre-authorisation, the deposit amount shall be returned to the Client after the Client stops using Services of the Hotel, however, no later than on the day the pre-authorisation period expires in accordance with Art. III Sec. 11 of these GTC. The respective bill shall be given to the Client once he/she stops using Services of the Hotel or shall be sent to his/her address (postal or email) which is entered in the registration form;
  • Art. III Sec. 9 item b) of these GTC applies, the Hotel shall return the deposit to the Client along with the respective bill no later than at the moment the Client checks out of the Hotel.
  • The Hotel is obliged to inform the Client about any form of additional use of his/her deposit to settle financial differences in accordance with Art. III Sec. 10 of these GTC and the reason for such additional settling of financial differences after the Client checks out of the Hotel.
  • If the Client is late with his/her payment for provided Services of the Hotel, the Hotel is entitled to charge the Client late payment interests in accordance with applicable laws of the Slovak Republic.

 

IV 

Other provisions 

  • The scope of Services provided by the Hotel in connection of organising an Event is specified in the respective Agreement and/or Client´s reservation of Services. If the Services have been arranged by the Contracting parties but not specified precisely and/or clearly enough, the Hotel is entitled to provide Services to the Client (Organiser) based on the decision of the Hotel and the pre-arranged total price.
  • The Hotel is obliged to provide pre-arranged Services properly, in time and of usual quality for the number of Event participants specified in the respective Agreement and/or Client´s reservation of Services. The quality of provided Services depends on the cooperation of the Organiser with the Hotel, mainly his/her respecting the pre-arranged timetable and other details of the Event.
  • In order to organise and prepare an Event properly, every Client is obliged to inform the Hotel about the final number of participants no later than 5 (five) working days before the Event takes place.
  • Any additional change of the number of Event participants by more than 10% (ten percent) in comparison to the original booked number must be agreed on with the Hotel in advance. In the case of such change of the number of Event participants, the Hotel reserves the right to change the price for booked Services and/or booked rooms for the Event and/or the pre-arranged standard and/or technical equipment designated for the Event. If the Client asks the Hotel to change the scope of provided Services, the Hotel does so based on its possibilities and deals with client´s request accordingly. However, the Client is not legally entitled to have the scope of provided Services changed.
  • If the number of Event participants increases by more than 10% (ten percent) in comparison to the original booked number, the Hotel is also entitled to change the pre-arranged price of Services based on the actual number of Event participants.
  • If any Event finishes after 12:00midnight and this fact is not included in the pre-arranged price, the Hotel is entitled to charge the Client a service fee of 200,- EUR (two hundred Euro) for every commenced hour of the Event.
  • The Client is not entitled to bring his/her own food or drinks to the Event unless agreed on with the Hotel in writing in advance. In such cases, the Hotel charges the Client a special service fee according to the Hotel Price list.
  • Every Client is obliged to pay for meals and drinks ordered by Event participants that exceed the pre-arranged amount of meals and drinks specified in the reservation and the final pre-arranged price.
  • Every Client is obliged to pay for Services ordered by Event participants that exceed the pre-arranged scope and amount of Services specified in the reservation and the final pre-arranged price of the Services.
  • Every Client is obliged to inform the Hotel no later than 45 (forty-five) days before the Event if the Event may arouse public interest, disturb public order, restrict or threaten the interests of the Hotel and other Clients of the Hotel. The Hotel is entitled to take adequate steps to prevent such situations, which must be accepted by the Client as well as Event participants.
  • If the Client asks the Hotel to arrange technical and other equipment for his/her Event from third parties, the Hotel always acts on behalf of the Client and the Client bears all related costs. No financial obligations towards the third parties arise for the Hotel and any claims of third parties related to the use of the above mentioned equipment shall be considered claims towards the Client.
  • If the Client wants to use his/her own electrical, electronic and/or technical equipment or equipment of the Event participants along with the electricity network of the Hotel to a higher extent than usually, he/she needs a written approval of the Hotel. The Hotel reserves the right to charge the Client for using such equipment and devices if they increase the electricity costs or operating costs of the Hotel more than usually. The Client is obliged to secure that his/her own electrical, electronic and/or technical equipment is compatible with other Hotel equipment, complies with fire safety regulations and is used in accordance with these regulations.
  • If any technological equipment of the Hotel gets broken or damaged, the Client bears full responsibility in accordance with Art. IV Sec. 12 of these GTC and is obliged to pay all related costs for reinstating the respective equipment. The Hotel is entitled to authorise its employees or third parties to check all equipment at the Event as well as to take measures in order to prevent any failures or damage. The Client and Event participants are obliged to tolerate all such measures.
  • The Client is responsible for safety when using any electrical, electronic and/or technical equipment.
  • Any decoration material or other items brought to the Hotel must comply with fire safety regulations and must be used in accordance with these regulations. In order to prevent any damage, every item that is brought to the Hotel, installed or placed inside must be approved by the Hotel.
  • Items that are brought to be displayed and all other items must be removed once the respective Event ends. If the Client does not have the items removed and leaves them inside the Hotel, the Hotel is entitled to charge the Client additional room rental until the respective items are removed. The Hotel is also entitled to remove and store such items at the expense of the Client without making a custody agreement or a storing agreement.
  • Every Client is obliged to use the rooms and spaces of the Hotel that he/she has booked in the scope that corresponds with their nature, in an adequate and proper manner, and in accordance with the arranged purpose; and once used, to leave them in the condition they were taken over from the Hotel with respect to the ordinary wear and tear. If any damage is discovered in the rooms after the Event ends and the Client did not inform about them before or when taking over the rooms, the respective damage is considered to have happened during the Event of the Client and the Client is responsible for it.
  • In the Event venue as well as in other Hotel premises, every Client undertakes to respect and perform all duties related to the health and safety at work, protection of property and fire prevention, mainly in accordance with Act No. 124/2006 Coll. on Occupational Safety and Health Protection and on amendments and supplements of other acts as subsequently amended, Act No. 314/2001 Coll. on Fire Protection as subsequently amended, and Decree of the Ministry of the Interior of the Slovak Republic No. 121/2002 Coll. on Fire Prevention as subsequently am.
  • In the Event venue as well as in other Hotel premises, every Client undertakes to respect and perform all duties related to the protection of the environment.
  • The Client is not entitled to make any changes inside the Hotel premises without a written approval of the Hotel
  • Every Client is responsible for caused damage inside the Hotel premises.
  • Every Client is obliged to protect rented Hotel premises, the Hotel and the property inside the Hotel from damage or destruction. If there is a danger of potential damage, every Client undertakes to take measures in order to avoid it in a manner which is appropriate to the given circumstances.
  • Every Client is entitled to display notices and information boards that include logos, names and descriptions of activities related to the Event or the Client himself/herself only if the Hotel agrees to it in writing. The content, graphic design and the condition of such notices and information boards cannot make an adverse impression, cannot violate the copyright of the related third parties and must comply with laws that are valid and effective in the territory of the Slovak Republic. The above mentioned notices and information boards as well as pollution caused by them must be removed immediately after the Event ends or before the Client leaves the Hotel.
  • If the Client leaves Hotel premises where his/her Event has taken place unclean or with waste inside (boxes, bags, decoration etc.), he/she is obliged to pay a surcharge of a minimum of 50,- EUR (fifty Euro) to the Hotel for cleaning of every room that has been used or according to the extent of the pollution.
  • The Hotel is not responsible for any injuries of Clients that might be caused while taking part in leisure activities of any kind unless they are a result of serious negligence or intention of the Hotel.

V

Deposit on Services related to the Event

  • Unless a specific written agreement is made between the Contracting parties regarding the deposit on Services related to the Event, the Hotel is entitled to charge the Client a deposit in the amount of 30% (thirty percent) of the total calculation sum based on an advance payment invoice which is issued once the final price is confirmed.
  • The deposit which has already been paid by the Client in accordance with Art. V Sec. 1 of these GTC shall not be returned if the Services related to the Event are cancelled. The deposit shall be used as compensation (for lost profits) of the Hotel.
  • Unless the deposit is paid properly and in time, the Hotel reserves the right to cancel Client´s reservation of Services without prior notice.

 

VI 

Cancellation terms and withdrawing from the Agreement by the Client

  • If the Client concludes a distance or an off-premises Agreement with the Hotel, he/she is entitled to withdraw from such Agreement within 14 (fourteen) days from the day it has been made in accordance with Act No. 102/2014 Coll. on Consumer Protection when Selling Goods or Providing Services Under a Distance or an Off-Premises Contract and on amendments and supplements of other acts as subsequently amended (hereinafter referred to as “Consumer Protection Act”). A template withdrawal form is published on the website of the Hotel: www.hotellomnica.sk.
  • If the Agreement is cancelled by the Client (by withdrawing from the Agreement or its part), the following cancellation terms apply depending on the type of booked accommodation and/or the season when the respective Services shall be provided to the Client:
  • General cancellation terms and conditions:
  • If the Client cancels the Agreement 15 (fifteen) days and more before he/she begins to use the respective Service(s) in accordance with the Agreement, he/she is obliged to pay a cancellation fee in the amount of 10% (ten percent) of the price of booked Services to the Hotel.
  • If the Client cancels the Agreement between the 14th (fourteenth) and the 3rd (third) day before he/she begins to use the respective Service(s) in accordance with the Agreement, he/she is obliged to pay a cancellation fee in the amount of 50% (fifty percent) of the price of booked Services to the Hotel.
  • If the Client cancels the Agreement (A) 2 (two) days and less before he/she begins to use the respective Service(s) in accordance with the Agreement, or (B) in the case of Special offers, he/she is obliged to pay a cancellation fee in the amount of 100% (one hundred percent) of the price of booked Services to the Hotel.
  • If the Client concludes a Distance or an Off-Premises Agreement with the Hotel and withdraws from such Agreement in accordance with § 7 of the Consumer Protection Act within 14 (fourteen) days from the day the Agreement has been made, he/she is not obliged to pay any cancellation fee in accordance with Art. VI Sec. 2 items a) (i) to a) (iii).
  • Cancellation terms that apply to Services booked for the New Year´s Eve period, i.e. 27/12 – 9/1 of the respective year:
  • When booking a Service or Services for the New Year´s Eve period, every Client must pay a deposit of 100% (one hundred percent) of the price of booked Services.
  • If any Client cancels the Agreement on Services booked for the New Year´s Eve period, regardless the time when he/she does so (except if Art. VI Sec. 2 item b) (iii) of these GTC applies), the Hotel is not obliged to return the deposit.
  • If any Client concludes a Distance or an Off-Premises Agreement with the Hotel and withdraws from such Agreement in accordance with § 7 of the Consumer Protection Act within 14 (fourteen) days from the day the Agreement has been made, he/she is not obliged to pay any cancellation fees in accordance with Art. VI Sec. 2 item b) (ii).
  • The Hotel is not obliged to return the received payment for a Service or Services back to the Client in the case of “Early check out” or “No show”. This does not apply when the Client, i.e. user concludes a Distance or an Off-Premises Agreement with the Hotel, i.e. seller in accordance with the Consumer Protection Act and withdraws from such Agreement in accordance with § 7 of the Consumer Protection Act within 14 (fourteen) days from the day the Agreement has been made.
  • Cancellation terms for reservations of Groups and Events based on an Agreement related to booking of Services with an allocated capacity of over 50% (fifty percent):
  • The Client is not obliged to pay any cancellation fees to the Hotel if
  • the Client cancels the Agreement within less than 90 (ninety) days from the day the Agreement has been made; or
  • the Client concludes a Distance or an Off-Premises Agreement with the Hotel and withdraws from such Agreement in accordance with § 7 of the Consumer Protection Act within 14 (fourteen) days from the day the Agreement has been made.
  • Every Client is obliged to pay a cancellation fee in the amount of 50% (fifty percent) of the price of all booked Services, if he/she cancels the Agreement 90 days and more after the respective Agreement has been made, however, less than 15 (fifteen) days before the Hotel begins to provide the respective Service(s).
  • Every Client is obliged to pay a cancellation fee in the amount of 100% (one hundred percent) of the price of all booked Services, if he/she cancels the Agreement 14 (fourteen) days and less before the Hotel begins to provide the respective Service(s).
  • Cancellation terms for reservations of Groups and Events based on an Agreement related to booking of Services with an allocated capacity of less than 50% (fifty percent):
  • The Client is not obliged to pay any cancellation fees to the Hotel if
  • the Client cancels the Agreement within less than 60 (sixty) days from the day the Agreement has been made; or
  • the Client concludes a Distance or an Off-Premises Agreement with the Hotel and withdraws from such Agreement in accordance with § 7 of the Consumer Protection Act within 14 (fourteen) days from the day the Agreement has been made.
  • Every Client is obliged to pay a cancellation fee in the amount of 50% (fifty percent) of the price of all booked Services, if he/she cancels the Agreement 60 (sixty) days and more after the respective Agreement has been made, however, less than 15 (fifteen) days before the Hotel begins to provide the respective Service(s).
  • Every Client is obliged to pay a cancellation fee in the amount of 100% (one hundred percent) of the price of all booked Services, if he/she cancels the Agreement 14 (fourteen) days and less before the Hotel begins to provide the respective Service(s).
  • If the Agreement is cancelled by the Client (by withdrawing from the Agreement or its part) or if the Client does not arrive at the Hotel in order to use booked Services due to a specific reason such as illness, death, a natural catastrophe or any other incident whose nature is to be judged by the Hotel, the Hotel is entitled to relinquish the claim on the respective cancellation fee based on a credible evidence that would proof a serious reason for cancelling the Agreement.
  • If the Agreement is cancelled by the Client (by withdrawing from the Agreement or its part) or if the Client does not arrive at the Hotel in order to use booked Services, the Hotel shall send a formal notice of the respective claim on a cancellation fee and its amount in accordance with these GTC to Client´s postal or email address within 14 (fourteen) days from the day Client´s withdrawal from the Agreement or its part is delivered to the Hotel or from the day the Hotel was supposed to begin providing the respective booked Services.
  • Every Client acknowledges the fact that if the Agreement is cancelled by himself/herself (by withdrawing from the Agreement or its part, or by failing to arrive at the Hotel in order to use the booked Services), the Hotel is entitled to deduct the respective cancellation fee in the amount specified by these GTC from the deposit that the Client has paid for Services booked online and is supposed to be returned to him/her. The difference between the claims of the Client and the Hotel which is in favour of the Client shall be paid back via bank transfer to his/her bank account that was used to pay for Services of the Hotel when making the respective online reservation. The difference shall be paid back within 30 (thirty) working days from the next day that follows after the respective Agreement is cancelled by the Client (by withdrawing from the Agreement or its part) or after the Client fails to arrive at the Hotel in order to use booked Services. The Client is responsible for any bank charges incurred when returning the payment for a Service or Services or its part to him/her.
  • If any Client books a Service or Services online, the reservation can be changed via the reservation department of the Hotel:
  • electronically on the website www.hotellomnica.sk by entering the email address of the Client which was used when making the online reservation of Services, and the reservation number which the Client received along with the reservation confirmation;
  • in writing, in the form of a recorded delivery letter sent to the address of the Hotel: Tatranská Lomnica 92, 059 60 Vysoké Tatry, Slovakia;
  • by phone on: +421 (0)52/28 53 503; or
  • by email on: reservations@hotellomnica.sk.
  • When asking to have the already completed online reservation changed, every Client must use his/her reservation number which he/she received when making the online reservation and which was sent to his/her email address that was used when making the online reservation.
  • If the Client asks to have his/her online reservation changed but the change cannot be made due to capacity or other operational reasons, the Hotel shall do its best to satisfy the requirement of the Client. However, the Hotel is not obliged to change the online reservation of the Client as he/she wishes and the Client is thus not entitled to receive any kind of compensation from the Hotel for not having his/her online reservation changed.
  • As for special offers, the number of accommodation units, i.e. rooms is limited and Clients are not entitled to get accommodation at the Hotel related to Special offers.

 

VII

Withdrawing from the Agreement by the Hotel

  • The Hotel is entitled to withdraw from the Agreement if:
  • the right to withdraw from the Agreement due to reasons specified in the Agreement has been arranged with the Client in writing;
  • the Client does not insist that the Hotel perform the Agreement;
  • the Client has some unpaid due liabilities towards the Hotel;
  • an advance payment or a deposit was arranged to be paid by the Client when making his/her reservation and has not been paid in time – in such case, the Hotel is entitled to withdraw from the Agreement before the Client meets the liability;
  • the Agreement cannot be performed due to circumstances that the Hotel is not responsible for (e.g. force majeure);
  • Services of the Hotel were booked by providing false, misleading or incorrect data of the Client or other relevant facts;
  • the Hotel has a legitimate reason to think that using of its Services might endanger its regular operation, safety or reputation among the public; or
  • the Client violates any provision of the Hotel accommodation rules.

 

VIII

Liability for damage caused on items brought to or stored in the Hotel 

  • The Hotel is responsible for damage caused on items that have been brought to the Hotel by or for Clients unless the damage has been caused otherwise. The same applies to items that have been stored in the Hotel premises which were designated as accommodation facilities or storage facilities, or items that have been given to any member of the Hotel staff for the above mentioned purpose.
  • The Hotel is liable for the total damage caused on items including jewels, money and other valuables to a maximum value specified by the implementing regulation related to Act No. 40/1964 Coll. Civil Code as subsequently amended. The liability shall be unlimited only if the respective items are given to the Hotel for safekeeping. Every Client is obliged to exercise his/her right to compensation without undue delay. This right shall expire if not executed within 15 (fifteen) days after the day the respective Client found out about the damage.
  • Providing space for parking a vehicle / vehicles in the Hotel garage or at a car park shall not be considered a safekeeping or storing agreement. The Hotel is not liable for stolen or damaged vehicles (and their accessories) if parked outside the Hotel premises.

 

 

IX

Final provisions 

  • These GTC and all legal relationships based on them are governed by the Slovak law and order.
  • Potential disputes that might be the result of these GTC and the Agreement between the Hotel and the Client shall be resolved by the respective court in the Slovak Republic.
  • The procedure of filing complaints of Clients regarding Services provided by the Hotel is governed by the Complaints policy of the Hotel. If the Client, i.e. the user is not satisfied with the way how the Hotel has dealt with his/her complaint or thinks that the Hotel has violated his/her rights, he/she is entitled to ask the Hotel to have the respective problem rectified.
  • If the Hotel rejects the request specified in the previous sentence or does not respond to it within 30 (thirty) days from the day it has been sent by the respective Client, the Client is entitled to ask for an alternative dispute resolution in accordance with § 12 Act No. 391/2015 Coll. on Consumer Alternative Dispute Resolution and on amendments and supplements to other acts.
  • The body authorised to deal with alternative dispute resolutions of the Hotel, i.e. the seller is:
  • the Slovak Trade Inspection, which can be contacted for the above mentioned purpose on the following address: Ústredný inšpektorát SOI, Odbor medzinárodných vzťahov a ARS, Prievozská 32, poštový priečinok (PO Box) 29, 827 99 Bratislava; or electronically on ars@soi.sk, or adr@soi.sk; or
  • any other authorised legal entity registered in the list of bodies for alternative dispute resolution of the Ministry of Economy of the Slovak Republic (the list of authorised bodies is available on the website http://www.mhsr.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s).

Every Client has the right to choose which of the above mentioned bodies for alternative dispute resolution he/she chooses to have his/her problem dealt with.

  • In order to ask for an alternative dispute resolution, every Client can use an online platform for alternative dispute resolution which is available on: http://ec.europa.eu/consumers/odr/index_en.html. For more information about alternative dispute resolution, please visit the website of the Slovak Trade Inspection: http://www.soi.sk/sk/Alternativne-riesenie-spotrebitelskych-sporov.soi.
  • If any provision of these GTC is or becomes invalid, ineffective or unenforceable, this shall not affect the validity, effect and/or enforceability of other provisions of these GTC.
  • Unless otherwise arranged between the Contracting parties and/or specified by these GTC, any written communication between the Contracting parties shall be delivered personally or sent by recorded delivery with a return receipt or by a courier, or delivered in another pre-arranged way to the address entered in the Agreement, in the binding reservation or to another address that the other party has been informed about. If the delivery fails or is refused, the respective letter or parcel shall be considered delivered when returned back to the sender.
  • The Client undertakes not to violate any intellectual property rights of the Hotel and/or third parties when using a Service or Services of the Hotel. The Hotel is not responsible for any violation of intellectual property rights of third parties by the Client. The Client is obliged to pay for any damage caused to the Hotel or third parties by violating intellectual property rights in accordance with Art. IX Sec. 8 of these GTC.
  • Personal data provided by the Client when booking a Service or Services of the Hotel shall be processed in accordance with Act No. 122/2013 Coll. on the Protection of Personal Data and Changing and Amending of other Acts (hereinafter referred to as „Data Protection Act”).
  • The provided personal data shall be processed by the information system called HOREC – a hotel system designated for the purpose of booking Services, concluding Agreements, using of Services and making accounts for them.
  • The personal data shall be provided or made available to third parties only in accordance with the Data Protection Act, and can be provided to parties that manage, operate or do service of individual systems which are used for providing Services.

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