General Terms & Conditions

GENERAL TERMS AND CONDITIONS

The General Terms and Conditions (hereinafter referred to as the “Terms”) for the mediation of stays by the company SPA Management s.r.o, IČO: 02798191, with its registered office at U Kovárny 318, 36001 Otovice, (hereinafter referred to as the “Mediator”) with the business of operating a travel agency and guiding activities in the field of tourism, regulate in particular the mutual relations between the Mediator and the customer (natural person and legal entity), as a user of services, in accordance with the relevant provisions of generally binding legal regulations of the Czech Republic, in particular in accordance with Act No. 89/2012 Coll., the Civil Code, and other applicable regulations relating to mediation activities in the sense of applicable amendments and supplements. Furthermore, these Terms and Conditions also apply to the general regulation of the relations of the Mediator with the accommodation provider (hereinafter referred to as the “Accommodation Provider”). The Terms and Conditions are binding for all parties involved. These Terms and Conditions also apply to subsequently concluded accommodation contracts, i.e. contracts whose conclusion was mediated by the Intermediary, unless otherwise agreed between the participants (the Accommodation Provider and the customer).

I. Introductory Provisions

1.1 The Intermediary provides intermediary services to all those interested in accommodation in the properties that are available in the catalog on the Intermediary's website www.onlinespahotel.com. Persons under the age of 18 may only use these services if they are represented by their legal representative.

1.2 By signing the order by the customer and delivering it to the Intermediary, the customer gives express consent and at the same time a binding instruction for the Intermediary to start providing intermediary services without delay in order to conclude the intermediary relationship according to Article I, paragraph 1.3 of these Terms and Conditions and to provide performance from this relationship according to Article I, paragraph 1.4 of these Terms, all in accordance with the provisions of § 1837 letters a) Act No. 89/2012 Coll., Civil Code. The company SPA Management s.r.o. is responsible for fulfilling the rights and obligations arising from the purchased service (voucher).​​

1.3 The intermediary relationship between the customer and the Intermediary is established by confirmation of the written "Stay mediation order" (hereinafter referred to as the "Order"), which is considered a duly completed and signed order, or another completed form, containing all the details of the binding order. Confirmation of the order is considered the day of delivery of the written confirmation of the Order issued by the Intermediary to the customer at the address indicated by the customer on the Order or the day of delivery of the e-mail sent by the Intermediary confirming the order to the customer to the e-mail address, if the order was sent to the Intermediary in this form.

1.4 The performance resulting from the intermediary relationship between the customer and the Intermediary is deemed to have been provided upon payment of the accommodation price (hereinafter referred to as the “Accommodation Price”) by the customer or upon delivery of the voucher and contact with the accommodation provider by the Intermediary, all in accordance with Article IV. Paragraph 4.5 of these Terms and Conditions. The parties then designate these events as the result of the Intermediary’s activities within the meaning of the provisions of Section 2445 et seq. of Act No. 89/2012 Coll., Civil Code, even if the subsequent fulfillment of the accommodation contract is not due to the fault of the customer or the Accommodation Provider. The Intermediary hereby mediates the customer’s accommodation or stay with the relevant Accommodation Provider, under the conditions agreed upon by the customer and the Accommodation Provider. However, the customer and the Accommodation Provider are still bound in particular by the selection of the object, the guaranteed price and the date agreed upon through the Intermediary, as well as by these Terms and Conditions.

1.5 The Accommodation Price, which is stated on the website of the Mediator, always includes the Mediator's contractual remuneration, which the Mediator is entitled to for activities related to the mediation of the customer's accommodation with the Accommodation Provider, in particular pursuant to Article I., paragraphs 1.3 and 1.4 of these Terms and Conditions.

II. Equipment and services

2.1 The equipment of each accommodation facility is declared as part of its description in the catalog on the Intermediary's website. The equipment of individual accommodation facilities may change over time compared to the condition shown in the photographs. Therefore, the list of equipment listed in the description of each accommodation facility is always decisive.

2.2 Detailed information about the equipment and the immediate surroundings of the objects is communicated by the Intermediary at the customer's request.

2.3 The number of beds (including extra beds) determines the maximum number of persons that can be accommodated, including children. In case of violation of this provision by the customer, the Accommodation Provider is entitled to refuse accommodation to the customer with a valid accommodation voucher, or to terminate or withdraw from the accommodation contract and such stay to the customer, or unilaterally terminate or cancel his multi-member group, without compensation and without the obligation to return already collected payments and fees.

2.4 The customer decides on the suitability of children's stay in individual accommodation facilities.

III. Method of ordering and paying for stays

3.1 The Customer undertakes to pay the Accommodation Price to the Intermediary in the amount specified at the end of the description of the accommodation facility within the period specified in the Payment Request, after submitting the draft contract and the Payment Request. The Accommodation Price specified in the Payment Request is the final price and includes the Intermediary's contractual remuneration for activities related to arranging the customer's accommodation with the Accommodation Provider. After receiving the Accommodation Price into the Intermediary's bank account and after receiving the contract signed by the Customer, the Intermediary will confirm these facts to the Customer by e-mail. The Customer is obliged to make payments under the variable symbol specified in the Payment Request.

3.2 If the services of an external vendor of the Intermediary are sold, this advance payment may also be paid through this external vendor. The Customer's right to the provision of the Intermediary's services arises upon payment of the Accommodation Price to the external vendor. If the customer fails to comply with this obligation, the Agent is entitled to withdraw from the contract. In such a case, the Agent is entitled to compensation for damages and severance pay according to these Terms and Conditions.

3.3 The Accommodation Provider will be paid the amount for the entire stay directly by the Agent.

3.4 “Last minute” accommodation can be arranged by phone, fax or e-mail.

IV. Service Prices

4.1 Services included in the Accommodation Price are listed on the Intermediary's website. The accommodation price always includes accommodation. Meals and other services are included in the Accommodation Price only if explicitly stated in the accommodation contract and on the Intermediary's website. The customer is obliged to pay the payment for services that are not included in the Accommodation Price on site directly to the Accommodation Provider.

4.2 For some properties offered by the Intermediary, the price of the tourist tax is already included in the Accommodation Price. For other properties, the tourist tax must be paid separately at the place of accommodation upon arrival. This information is always clearly stated in the price list of services for the relevant offer on the Intermediary's website, while the price list of surcharges may be stated in Czech crowns (CZK) or in euros (EUR), or in another currency.

4.3 The price of transport, or other services that the customer ordered through the Intermediary, is stated separately in the contract.

4.4 In the event of failure to meet the payment deadline for the Accommodation Price specified in the Payment Request, in the event of payment of the Accommodation Price in an amount lower than that specified in the Payment Request, the contract will not be concluded and if, based on the Payment Request for the additional payment of the Accommodation Price, the entire Accommodation Price has not been paid by the required deadline or the additional payment has been paid in a lower amount, the Intermediary may withdraw from the contract.

4.5 After payment of the Accommodation Price in full to the Intermediary's bank account, the Intermediary will send the customer an accommodation voucher, a tax document and further contact information for the Accommodation Provider, including the address, telephone number or e-mail address, and other necessary information.

V. Rights and obligations of the Intermediary

5.1 The intermediary is entitled in particular to:

a) under the conditions specified in these terms and conditions, change the terms of the agreed services,

b) withdraw from the contract under the conditions specified in these terms and conditions,

c) not to provide financial compensation in the event that the customer does not use the agreed services due to his own fault.

5.2 The intermediary is obliged in particular to:

properly provide services to the customer according to the agreed contract,
inform the customer about all changes in the services provided,
after payment of the accommodation price specified in the contract, provide the customer by post or e-mail with all the information and documents necessary for drawing up the agreed services, namely:
Accommodation voucher - a voucher that the customer shows at the point of service, with the following information:
first and last name of the customer,
the number of adults and especially the number of children by age category,
date of arrival and departure,
name of the Host,
telephone connection to the Accommodation Provider, or to a partner agency,
address of the Host,
specification of paid services, exact amount of surcharge and overview of surcharges,
the amount of any severance pay according to Article VII. of these Rules.
Travel instructions - itinerary, or information on purchased bus transport.
If the customer discovers inconsistencies in the above-mentioned instructions, he will inform the Intermediary about them.

VI. Rights and obligations of the customer

6.1 The customer has the right in particular to:

a) for the proper provision of contractually secured and paid for services,

b) require information from the Intermediary that is known to the Intermediary and that relates to the agreed services,

c) the right to be informed of any changes in the agreed services,

d) the right to withdraw from the contract at any time before starting to use the services,

e) the right to complain about service defects and its settlement in accordance with valid legislation and these terms and conditions,

f) the right to protect personal data and information about travel destinations, which are the content of the contract, from unauthorized persons.

6.2 The Customer is obliged in particular to:

provide the Intermediary with the cooperation necessary for the proper provision and provision of services, in particular to truthfully and completely state the information requested in the contract, including any changes to such information, and to submit supporting documents to the Intermediary in accordance with their requirements,
ensure that persons under the age of 15 are accompanied and supervised by an adult participant, and similarly ensure that persons whose health condition requires it are accompanied and supervised by a legal guardian,
have the consent of a legal guardian in the event that a customer over the age of 15 and under the age of 18 uses the services without his/her accompaniment and supervision,
report accompanying children even if they do not pay for their stay,
report any change in the person of the participant specified in the contract,
pay the Intermediary the accommodation price according to the contract,
check whether all paid services are listed in the accommodation voucher,
upon arrival at the place of accommodation, present it to the Accommodation Provider or a person authorized by him/her, or to the partner agency employee to check the accommodation voucher and pay the additional charges stated therein on the basis of the accommodation contract,
receive from the Intermediary the documents necessary for the use of the services and arrive at the place of commencement of the use of the services at the specified time with all the required documents,
act in such a way as to avoid damage to health or property at the expense of other customers or service providers, and if damage is caused, remove it at their own expense,
respect the customs and foreign exchange regulations of the countries to which the customer is traveling,
secure valid travel documents, including visas and other requirements necessary for traveling to a specific destination (e.g. medical certificates, vaccinations, etc.).
to follow the information materials of the Intermediary, which specify the conditions for using the services,
to ensure the timely and proper exercise of any claims against the Intermediary or service providers under these Terms and Conditions, in the event of any defects in using the services, to immediately inform the Intermediary by telephone according to the procedure set out in Article XII of these Terms and Conditions,
in the event of the customer withdrawing from the contract, to notify the Intermediary of this withdrawal in writing and to pay the termination fee under these Terms and Conditions, if the Intermediary is entitled to it.

VII. Cancellation fee

7.1 In the event of withdrawal from the accommodation contract by the customer or the Agent due to the customer's breach of obligation, the customer is obliged to pay the Agent a cancellation fee in accordance with these terms and conditions. The amount of the cancellation fee is always declared for a specific accommodation facility as part of its description in the catalogue on the Agent's website.

7.2 The Agent undertakes to pay directly the financial settlement between the Agent and the Accommodation Provider arising from the withdrawal from the accommodation contract by the customer or the Agent.

7.3 In the event of arranging transport or other services through the Agent, the cancellation conditions of the relevant carriers or providers of other services apply to the transport amount. These cancellation conditions are part of the carrier's general terms and conditions, which are sent to clients by e-mail together with the invoice for transport or other services.

7.4 For the avoidance of doubt, it is stipulated that paper, benefit and electronic vouchers are not exchangeable for money. When canceling a stay that was partially paid for with vouchers, the Agent does not return the vouchers or the financial amounts for the vouchers. The amount paid with the vouchers will be primarily used to pay cancellation fees. If an overpayment occurs after paying the cancellation fees, the client can apply this overpayment to pay for another service, which will be used no later than the date indicated on the voucher used.

VIII. Accommodation

8.1 Accommodation is generally provided only for the number of persons agreed upon in the accommodation contract and stated in the accommodation voucher. If the customer wishes to accommodate more persons or an animal in the facility than the concluded contract, the owner of the facility or a person authorized by him is entitled to refuse the additional persons and the animal or to accommodate them in the facility for an additional fee.

IX. Change in the terms of the contract

9.1 If, for objective reasons, it is necessary to change the terms of the contract before the start of the use of the services, the Agent may propose to the customer in writing or by e-mail a change in the contract. If the proposed change in the contract leads to a change in the Accommodation Price, the new Accommodation Price must be stated in the proposal. If the Agent proposes a change in the contract, the customer has the right to decide whether to withdraw from the contract or not. If the customer does not withdraw from the contract within the period specified by the Intermediary, which may not be shorter than 5 days from the delivery of the proposal to amend the contract, and does not deliver this withdrawal to the Intermediary in writing or by e-mail, it is deemed that he agrees to the amendment of the contract.

10.2 Before starting to use the services, the customer may notify the Intermediary in writing that another person specified in the notification will participate in the agreed services instead of him. On the date of delivery of this notification to the Intermediary, this person specified in the notification becomes the Intermediary's customer. The notification must contain a statement by the new customer that he agrees to the concluded contract. The original and new customers are jointly and severally liable for the payment of the agreed services.

10.3 If the customer wants to make a change in the ordered services (change of date, number of people, payment method, etc.), he must notify the Agent of this intention in writing or by e-mail. The Agent undertakes to always try to ensure a change in the ordered services according to the customer's wishes, however, with regard to the possible exhaustion of the accommodation capacities of individual Accommodation Providers, it is possible that a change in the ordered services may not be possible. A change in services is considered agreed only if the Agent confirms the change to the customer in writing or by e-mail.

10.4 If the change in the ordered services represents an increase in the Accommodation Price, the change is considered confirmed when the customer pays the difference in the Accommodation Price at the request of the Agent. The Agent will inform the customer whether the change in services results in a change in the Accommodation Price. If a new contract is concluded, payments made under the original contract are considered payments under the new contract.

10.5 If the accommodation facility cannot, does not want to or refuses to provide the service, SPA Management undertakes to ensure alternative performance of obligations or refund of funds; this obligation remains in force regardless of the validity of the contractual relations between the accommodation facility and SPA Management.

XI. Withdrawal from the contract

11.1 The Intermediary may withdraw from the contract concluded with the customer:

due to the termination of the possibility to provide the ordered services for objective reasons.
In the event of cancellation of services by the Intermediary for objective reasons, the Intermediary may be released from liability for damage to the customer due to cancellation of services only if the cancellation of services occurred as a result of an unavoidable event that the Intermediary could not prevent, even after exerting all efforts that can be required of the Intermediary.

due to breach of contract by the customer.
If the Intermediary withdraws from the contract before the customer starts using the services due to breach of the customer's obligation, the customer is obliged to pay the Intermediary the termination fee specified in Article VII. of these Terms and Conditions. The difference between the amount that the Intermediary received from the customer for the services in question and this termination fee will be returned to the customer.

11.2 The Customer may withdraw from the concluded contract with the Intermediary

if he/she does not agree with the change of services proposed by the Intermediary for objective reasons.
If the Customer withdraws from the contract because he/she does not agree with the change of services proposed by the Intermediary for objective reasons, the Customer has the right to demand that the Intermediary offer him/her other services of a quality corresponding to the original contract under a new contract, if the Intermediary has the possibility to offer such services to the Customer. If such a new contract is not concluded, the Intermediary is obliged to return to the Customer the entire amount that the Customer paid to the Intermediary.

due to the Intermediary’s breach of obligation.

If the Customer withdraws from the contract due to the Intermediary’s breach of obligation stipulated by the contract or law, the Intermediary is obliged to return to the Customer the entire amount that the Customer paid to the Intermediary. The Customer’s right to compensation for damages is not affected.

for any other reasons or without stating a reason.
If the customer withdraws from the contract in other cases, he is obliged to pay the Mediator the termination fee specified in Article VII of these Terms and Conditions. Withdrawal from the contract by the customer or the Mediator must be made in writing or by e-mail, and is effective upon delivery to the other party.

XII. Complaints

12.1 In the event that the accommodation services included in the description of the property are not provided properly, the customer has the right to request redress from the Accommodation Provider. If the deficiencies or defects cannot be eliminated, the customer has the right to file a complaint with the Accommodation Provider at the place of stay and request adequate compensation or a discount on the price of the stay. The complaint must be filed in writing, preferably in the form of a protocol. This does not affect any claim for compensation for damages.

12.2 In the event that other services or transport arranged through the Intermediary are not provided properly, the customer has the right to request redress directly from the providers of these services. If the deficiencies or defects cannot be eliminated, the customer has the right to file a complaint with the providers of these services and request adequate compensation or a discount on the price of the transport or service. The complaint must be filed in writing, preferably in the form of a protocol. This does not affect any claim for compensation for damages.

12.3 The customer files a complaint about intermediary services with the Intermediary. The complaint must be submitted in writing to Spa Management s.r.o, IČO: 02798191, with its registered office at U Kovárny 318, 36001 Otovice, preferably by registered letter or via data message or e-mail to info@onlinespahotel.com. In the event of a personal or oral complaint at the Broker's headquarters, a complaint protocol will be drawn up. Other forms of complaint are not excluded. The deadline for handling complaints is 30 days from the date of their receipt. In the case of a refund, it is a necessary condition that the customer provides the account number in writing.

12.4 The Broker is in regular contact with the Accommodation Providers and, in cooperation with them, strives for the greatest possible accuracy of the offer texts. However, the Broker is not responsible for the condition of the accommodation facilities at the time of each start of accommodation by a specific customer. The Accommodation Provider is solely responsible for the facilities, technical and hygienic condition of the facility, compliance with applicable regulations and standards, and the provision of services listed in the catalog on the Provider's website and compliance with contractually agreed prices.

12.5 The Customer is obliged to comply with the operating rules of the accommodation facility, as well as other instructions of the Accommodation Provider, which form an integral part of the accommodation contract.

12.6 The Provider is not responsible for the operation of other services that are not part of the equipment of the accommodation facility. The Provider draws this information from publicly available information sources and is without guarantee. Data on distances to individual services are indicative.

XIII. Insurance for stays

13.1 The price of accommodation arranged by the Agent does not include insurance. Customers use the ordered services at their own risk. The Agent is not liable for injuries, damage or destruction of property (liability for damage caused to health and property of a third party), for theft of luggage during the holiday stay, as well as for damage caused by natural elements or disasters and for damage associated with these events. For this reason, the Agent recommends taking out travel insurance or other additional insurance before departure.

XIV. Copyright

14.1 Information and all materials published on the Agent's website are intended for customers for their personal and non-commercial use. They may not be changed, reproduced, distributed, displayed, presented, published or sold without the consent of the copyright owner. The Agent's website may also link to the websites of other persons over whose activities the Agent has no influence. These links are provided here only as one of the sources of information and the Provider is not responsible for their content.

XV Final provisions

15.1 These general conditions become effective on June 1, 2024.

15.2 By signing the Order, the Customer confirms that he understands these conditions and accepts them in full.

15.3 All the above provisions also apply to stays mediated by external sellers, the Intermediary.

15.4 The customer agrees to the use of his personal data in accordance with § 5 paragraph 2 of Act No. 101/2000 Coll., specified in the Order or contract in the scope of first and last name, date of birth, place of residence or other contact address, telephone, e-mail, for the needs of the Intermediary or its external vendors, for the purpose of sending offers of services in the tourism industry to the customer either in writing or by electronic mail. Information about the e-mail address may also be collected and processed by the Intermediary for the purposes of disseminating business communications in accordance with Act No. 480/2004 Coll. on some information society services as amended.

15.5 The provided personal data is the Intermediary or a processor authorized by it pursuant to § 6 of Act No. 101/2000 Coll. process and collect for 5 years. After this period, the Intermediary is obliged to dispose of the provided personal data. The customer also declares that he is authorized and hereby grants his consent in accordance with § 5 paragraph 2 of Act No. 101/2000 Coll. also on behalf of other persons listed in the order or contract, whose data the customer provides to the Intermediary for the purpose of providing services.

15.6 Consent to the processing of personal data may be revoked at any time in writing by the customer or the person whose personal data the customer has provided to the Intermediary. The customer can also refuse consent to the use of his e-mail address for sending individual messages in accordance with Act No. 480/2004 Coll., as amended.

15.7 The Intermediary shall ensure the processing of the provided personal data so that the customer and the persons whose personal data the customer has provided to the Intermediary do not suffer damage to their rights and shall ensure the protection of personal data against unauthorized access.

 

According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in the event of a technical failure, then within 48 hours at the latest.

In the event of out-of-court or alternative dispute resolution, the customer has the right to contact the Czech Trade Inspection Authority

Contact - www.coi.gov.cz, +420 222 703 404