General Terms and Conditions
These General Terms and Conditions of Business (hereinafter referred to as "GTC") apply to the procedure for concluding an accommodation contract and regulate the general rights and obligations between the accommodated person (hereinafter referred to as "Client") and the operator of Penzion Blanko operated by Blanko projekt s.r.o., business company ID: 27675548, with its registered office in Brno, Srbská 22, Postal Code 61200, registered in the Commercial Register maintained by the Commercial Registry Office in Brno (hereinafter referred to as "Accommodation Provider"), unless separate general terms and conditions are issued for specific accommodation facilities operated by the Accommodation Provider. The contractual relationship between the Accommodation Provider and the Client is governed by these GTC, the relevant accommodation contract concluded between the Accommodation Provider and the Client and in matters not expressly covered by the relevant provisions of the Civil Code and the relevant legislation. Provisions deviating from the GTC may be agreed in an individually concluded contract. Such deviating provisions in the individually concluded contract shall prevail over the provisions of the GTC. The individual provisions contained in the accommodation contract shall prevail over the provisions of these GTC. The accommodation provider reserves the right to include other terms and conditions in its offers which take precedence over these GTC. These GTC may be amended and changed in full and without limitation by the Accommodation Provider electronically. This provision does not affect the rights and obligations arising during the validity of the previous version of the GTC. In the event that such a change occurs, the new version of the GTC will be placed on the website of the Accommodation Provider www.blanko.cz and sent to the Client with whom the Booking process is in progress without further notice. The amendment to these GTC shall take effect upon publication or delivery of the amended version to the Client. In the event of the Client's disagreement with the published amendment to the GTC, the Client is obliged to communicate this disagreement in writing to the Accommodation Provider within two days of the delivery of the amendment to the GTC.
Article II.
Procedure for booking and conclusion of the accommodation contract
2.1 The Accommodation Provider offers accommodation and other related services (hereinafter referred to as "Accommodation") to interested parties through its website www.blanko.cz and through approved intermediaries (hereinafter referred to as "Offer"). The Offer is binding on the terms and conditions and for the period of time set out therein and the Accommodation Provider reserves the right to unilaterally change or specify the specific terms and conditions of the Offer. For the purposes of concluding the Accommodation Contract, the status of the Offer at the moment when the Client makes a reservation for Accommodation through the Accommodation Provider's reservation system is decisive.
2.2 Reservation of Accommodation
Reservation of Accommodation is made via the electronic reservation form located on the website of the Accommodation Provider www.blanko.cz, or in any other way individually agreed with the Accommodation Provider. The reservation system offers several options for booking Accommodation, which differ according to the method of payment and the amount of the price for Accommodation, payment and cancellation conditions. (a) Reservation with refundable deposit, (b) Reservation with non-refundable deposit (see Article III.GTC).
The client enters the basic requirements for the Accommodation (arrival date, departure date, number and status of persons) on the website of the Accommodation provider www.blanko.cz , then by clicking on the "Book" box enters the reservation system of the Accommodation provider, and then selects the reservation option for the desired type of Accommodation. In the next step, he/she fills in the data in the booking form completely and truthfully (including the indication of the registration number and tax identification number and the request for a tax document, if required by the Client, in a note in the form), then confirms by ticking the appropriate box that he/she has read and agrees to these GTC and the Personal Data Processing Policy (which are available to the Client by clicking on their name) and agrees to them. The same applies in the case of sending commercial communications to the Client by electronic means pursuant to Act No. 480/2004 Coll. and processing personal data for these purposes (hereinafter referred to as "Reservation"). The Client shall be sufficiently notified of the existence of the GTC and the Personal Data Processing Policy and their wording prior to the actual execution of the Booking and shall have the opportunity to familiarize himself with them. The Client will not be allowed to complete the Booking without agreeing to the GTC and the Personal Data Processing Policy. The GTC and the Personal Data Processing Policy form an integral part of the contract.
Before submitting a Booking, the Client has the opportunity to check the accuracy and completeness of the information in the Booking Form. The information provided in the submitted Booking is considered correct and binding, and no further or other changes are possible after the Booking has been submitted via the Booking Form. In the event that changes are required, the Client shall contact the reception of the respective resort where the Accommodation is provided. The Client submits the Reservation by clicking on the "Confirm Reservation" box.
By sending the Reservation to the Accommodation Provider, the Client confirms that he/she has fully read these GTC and accepts them as terms and conditions and an integral part of the accommodation contract.
By submitting a Reservation, the Client expresses his/her interest in concluding the Accommodation Contract.
After submitting the Reservation, the Client is redirected to the payment gateway (see Article III of the GTC) and pays the price of the Accommodation through it, while the Client follows the instructions on the web interface. In the case of the bank transfer payment option, the Client will receive a message from the Accommodation Provider immediately after sending the Reservation to the email specified in the Reservation containing payment instructions. Upon successful payment, the Client will receive a confirmation of receipt of the Booking containing a summary of the Booking and confirmation of payment.
2.3 Conclusion of the Accommodation Contract
The Accommodation Contract concluded between the Client and the Accommodation Provider, the subject of which is the provision of Accommodation according to the Reservation and/or according to the agreement with the Accommodation Provider when arranging the Accommodation on the Accommodation Arrival Date at the reception of the resort in which the Client requests Accommodation (hereinafter referred to as "Conclusion of the Accommodation Contract at the reception of the resort") is concluded in accordance with the legal system of the Czech Republic, in particular in accordance with Act No. 89/2012 Coll (hereinafter referred to as the "Accommodation Contract"). If the Client is a natural person who acts outside the scope of his/her business activity or outside the scope of his/her profession, the Accommodation Contract shall also be governed by Act No. 634/1992 Coll., on Consumer Protection, as amended, in matters not regulated by the GTC. The Accommodation Contract and the GTC are drawn up in the Czech language. The Purchase Contract may only be concluded in the Czech language, unless the Client and the Accommodation Provider agree otherwise. In such case, the interpretation of the Accommodation Contract in the Czech language shall apply in the event of a dispute over the interpretation of terms. The concluded Accommodation Contract shall be archived in electronic form with the Accommodation Provider, who shall give the Client access to it.
The Client agrees to the use of remote means of communication for the conclusion of the Accommodation Contract. The costs incurred by the Client in using the remote means of communication in connection with the conclusion of the Accommodation Contract shall not differ from the basic rate of the remote means of communication provider and shall be borne solely by the Client. The costs associated with making payment of the price of the Accommodation shall be borne by the Seller, with the possible exception of any excess payment chosen by the Client.
The Client is obliged to pay the Accommodation Price set out in the Booking to the Accommodation Provider in the manner and under the terms and conditions of payment set out in these GTC (see this clause 2.3.1 and Article VI of the GTC). By entering into the Accommodation Contract between the Client and the Accommodation Provider, the Accommodation Provider undertakes to provide the Accommodation to the Client to the extent and under the terms and conditions set out in the Booking and these GTC.
At the moment of payment of the total price of the Accommodation and/or advance payment of the price of the Accommodation according to the Reservation, the Accommodation Contract is concluded between the Client and the Accommodation Provider, of which these GTC are a part, for the accommodation and services specified in the Reservation sent by the Client or agreed upon at the Accommodation Contract at the reception of the Resort.
2.4 If there are any typing or calculation errors (in particular, apparently unreasonable prices for accommodation and/or services) or other misstatements or other discrepancies in the Offer, the Booking and/or the Booking Confirmation, the Resort reserves the right to correct such errors or other discrepancies, which it will do itself or upon written request by the Client.
Article III.
Payment Terms
3.1 The payment terms and the due date of the Accommodation price vary depending on the choice of the Accommodation booking option, which differs according to the time from the date of booking the Accommodation to the agreed date of commencement of the Client's use of the Accommodation (hereinafter referred to as the "Accommodation Commencement Date "), the method of payment and the amount of the Accommodation price, payment and cancellation terms
3.2 Payment through the payment gateway of the Accommodation Provider's contractual partner is made within the Accommodation reservation process in the Accommodation Provider's reservation system and only MasterCard, Maestro, VISA and VISA Electron cards are accepted for this payment method.
3.3 Payment of the price of the Accommodation shall be understood as crediting the relevant amount to the bank account of the Accommodation Provider at the time it is due.
Article IV.
Price
4.1 The price of the Accommodation means the price stated in the Reservation and/or the Offer current on the Accommodation Arrival Date, if the Accommodation Contract is concluded at the reception of the Resort, as the price for the agreed accommodation and services (i.e. the price of accommodation in the respective facility for the agreed number of persons, meals, additional services, wellness services, pet stay, etc.), including taxes and any discounts. Vacation fees are included in the price of the Accommodation. Holiday fees are payable by every adult over 18 years of age and are based on the place of stay and the number of nights booked and may vary according to the decision of the local authorities.
4.2 The Landlord is not entitled to unilaterally increase the price of the Accommodation during the period of validity of the Reservation, except in the following cases:
4.3 The Client is entitled to a discount on the price of Accommodation if, at the latest when sending the Reservation, or when concluding the Accommodation Contract at the reception of the Resort on the Accommodation Arrival Date, the Client informs the Accommodation Provider of all the decisive facts for applying the discount according to the conditions of the Accommodation Provider for its provision, specified in the Accommodation Provider's Offer. Upon conclusion of the Accommodation Contract, the Client shall not be entitled to any other and/or additional discount, unless specified in Article VIII. Paragraph 8.1 of the GTC.
4.4 The prices of Accommodation are set in the legal currency unit of the Czech Republic, the Czech koruna (CZK) and their payment is made in the legal currency unit of the Czech Republic, the Czech koruna (CZK). The daily EUR exchange rate set by the CNB valid on the date of the Reservation or on the Accommodation Arrival Date in the case of the Accommodation Contract concluded at the reception of the Resort is used for the conversion of the price of Accommodation into EUR.
Article V.
Changes to the Reservation
5.1 In the event that circumstances arise that prevent the Accommodation Provider from providing the Client with Accommodation according to the Reservation, and if, due to the situation, it is possible to provide the Client with other accommodation and/or alternative service in terms of date, scope and quality identical or at least close to the originally booked Accommodation, or to provide the same Accommodation on an alternative date, the Accommodation Provider shall be entitled and obliged to make the corresponding changes. In such a case, the Accommodation Provider is obliged to inform the Client without undue delay about the conditions of this change and propose this change to the Client. The Client shall be entitled to withdraw from the Accommodation Contract in case of disagreement with such notified change. The Accommodation Provider is then obliged to return to the Client all payments made in connection with the Accommodation Contract without undue delay after the withdrawal. The provisions of these GTC on cancellation fees do not apply to the benefits returned under this paragraph.
If the Client does not withdraw from the Contract within 5 days of receiving notice of such change, the Client shall be deemed to have accepted such change.
5.2 In the event of the inability to provide the Client with the ordered and paid service in the scope and quality corresponding to the agreed terms and conditions, the Accommodation Provider is obliged to return to the Client the consideration paid by the Client for such service. However, in the event that the Accommodation Provider provides the Client, with the Client's consent, with a substitute service of the same or higher scope and/or quality, such substitute performance by the Accommodation Provider shall be deemed to be the provision of the originally agreed service and the Client shall have no further claims against the Accommodation Provider for failure to provide the originally ordered and paid service.
5.3 In the event that the Client is provided with Accommodation of a higher quality or scope than that specified in the Booking, the Client shall be charged the price of the Accommodation as per the Booking.
5.4 The Accommodation Provider shall not be liable for changes caused by force majeure, decisions of public authorities, extraordinary circumstances or events that could not have been foreseen by the Accommodation Provider or that could not have been prevented even with all reasonably required efforts.
Article VI.
Cancellation or non-use of the reservation and cancellation fee
6.1 Cancellation and withdrawal from the Accommodation Contract
Cancellation of Reservation
6.2 The Client is obliged to pay the Accommodation Provider a cancellation fee in the cases referred to in paragraph 6.1 a), b) of this Article VI, except in cases where the Client, by withdrawing from the Accommodation Contract, exercises his/her right to withdraw from the Accommodation Contract, which is granted by law under certain conditions, or withdraws from the Accommodation Contract due to a material breach of the Accommodation Provider's obligations.
6.3 The amount of the Cancellation Fee shall be agreed depending on the Accommodation Booking Option and the time remaining from the date of delivery to the other Party of the proper notice and/or cancellation of the Accommodation Contract to which the Cancellation Fee is linked pursuant to the preceding paragraph 6.2 and/or from the date of cancellation of the Booking pursuant to paragraph 6.1(b) to the Check-in Date. The amount of the cancellation fee shall be calculated as a percentage of the price of the Accommodation. Upon such cancellation, the withdrawal from the Accommodation Contract made:
Reservation with refundable deposit
Reservation with non-refundable deposit
6.4 The notice and withdrawal from the Accommodation Agreement must be in writing and must be delivered to the other party. The Accommodation Contract shall be terminated on the date on which the written notice or withdrawal is delivered to the other party.
6.5 In determining the number of days remaining until the Check-in Date for the purposes of calculating the amount of the Cancellation Fee, the date on which the written notice or withdrawal is delivered to the other Party or the cancellation of the Booking is included in that number of days but does not include the Check-in Date.
6.6 In the event that the Client fails to arrive at the Accommodation on the Arrival Date and/or fails to use the agreed number of days of accommodation and/or the agreed services through no fault of the Accommodation Provider, the Client shall not be entitled to any financial and/or other compensation and/or provision of alternative accommodation or services in relation to the Accommodation Provider and the Accommodation Provider shall be entitled to 100% of the price of the Accommodation.
6.7 In the event that the Client fails to attend for the use of the Accommodation and the Accommodation Provider has no further communication from the Client in respect of the matter, the Booking shall be deemed to be cancelled on the expiry of 10:00 a.m. (the tenth hour) of the day following the Arrival Date. The Client shall thereby lose the right to the provision of Accommodation according to the Reservation with the consequences pursuant to paragraph 6.6 of these GTC and the Accommodation Provider shall be entitled to provide Accommodation to another person interested in accommodation.
6.8 Upon the effective termination and/or withdrawal from the Accommodation Contract or cancellation of the Reservation pursuant to paragraph 6.1. b), the Accommodation Provider shall return to the Client all benefits received from the Client after deduction of the cancellation fee or other benefits under the Accommodation Contract, unless the total amount of benefits paid by the Client in accordance with these GTC has been exhausted, within fourteen (14) days of receipt thereof. In the event that the consideration received from the Client is insufficient to cover the cancellation fee or other benefits under the Contract, the Client shall be obliged to transfer the amount due to the bank account of the Accommodation Provider without undue delay after the effective termination of the Accommodation Contract.
6.9 Cancellation or termination of the Accommodation Contract shall not affect the right of the Accommodation Provider to payment of the price of the Accommodation, possibly the cancellation fee, the rights of the parties to compensation for damages arising from the breach of a contractual obligation or the arrangements which, due to their nature, are intended to bind the parties after the termination of the Accommodation Contract.
Article VII.
Rights and Obligations of the Client
7.1 The basic rights of the Client are primarily:
7.2 The Client's basic obligations are in particular:
Article VIII.
Complaints and information on out-of-court dispute resolution
8.1 The Client is entitled to complain to the Accommodation Provider about the quality of the accommodation and/or services provided if their quality or scope or other conditions do not correspond to the scope, quality and conditions specified in the Accommodation Contract. The Accommodation Provider undertakes to ascertain the circumstances of the complaint without undue delay and, in the event of a justified complaint, to remedy the defective condition or provide the Client with a discount. The Client is obliged to file a complaint with the Accommodation Provider without undue delay after discovering the defective provision. Later claims will not be taken into account.
8.2 Information on out-of-court dispute resolution - The competent entity for out-of-court dispute resolution (ADR) between the operator and the client arising from the provision of accommodation and related services (consumer disputes) is, according to Section 20e(d) of Act No. 634/1992 Coll., on Consumer Protection, as amended, the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No. 00020869, Internet address: http://www.coi.cz/ or another entity authorised by the Ministry of Industry and Trade.
Article IX.
Other provisions
9.1 Accommodation of the Client by the Accommodation Provider is possible at the earliest from 16:00 on the day specified in the Reservation as the first day of accommodation. The Client is obliged to hand over the vacated property on the last day of accommodation specified in the Accommodation Contract no later than 10:00 a.m. In case of delay in handing over the vacated property by the Client, the Accommodation Provider is entitled to charge the Client a contractual penalty of CZK 500,- (in words: five hundred Czech crowns) for each hour of delay in handing over the vacated property.
9.2 If the Accommodation Provider reasonably suspects that the Client is using the facility in violation of the terms of the Accommodation Agreement or in violation of the Accommodation Provider's accommodation or operating rules or in violation of public order, the Accommodation Provider is entitled to enter the facility and inspect its use.
9.3 The Accommodation Provider shall not be liable for any damage to the functionality of the Client's electrical or electronic equipment or for any mistakes or incorrect information provided by other persons about the events or services provided.
9.4 A Client who checks in before 6:00 a.m. (six o'clock) shall pay the rate for the entire previous night.
9.5 No parking area of the Blanko Guest House is a secure car park, nor does the accommodation provider provide any supervision of clients' parked vehicles and/or their accessories.
9.6 By ticking the box "I agree to the sending of commercial communications by electronic means in accordance with Act No. 480/2004 Coll. and the processing of personal data for these purposes" in the Accommodation Provider's reservation form located on the website www.blanko.cz (hereinafter referred to as the "Reservation Form") and by sending it (or if the Accommodation Contract is not concluded through the Accommodation Provider's reservation system located on www.blanko.cz then by another express and demonstrable manifestation of the Client's will:
(i) confirms that all personal data provided in the Booking Form (or other demonstrable expression of his/her will containing the required information, unless the Accommodation Contract is concluded through the Accommodation Provider's booking system) is true and correct, that he/she has been informed of his/her rights related to the management and processing of his/her personal data, in particular that he/she has rights under Regulation (EU) No. 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "Regulation") - to withdraw consent at any time, to request from the Accommodation Provider as data controller information on what personal data it processes, request a copy of this data, request access to this data from the Accommodation Provider and have it updated or corrected, or request a restriction of processing, request the deletion of this personal data from the Accommodation Provider, request data portability, file a complaint with the Office for Personal Data Protection or apply to the court. respectively. have read the contents of the Personal Data Processing Policy and the commercial communications available on the website www.blanko.cz and in the Booking Form; and
(ii) gives his/her consent based on the foregoing instructions:
9.8 By ticking the box "I agree to the General Terms and Conditions" in the Booking Form and submitting it (or if the Accommodation Contract is not concluded via the Accommodation Provider's booking system then by another explicit and demonstrable manifestation of his/her consent to the General Terms and Conditions), the Client confirms that he/she has read the contents of the Personal Data Processing Policy and the commercial communications available on the website www.blanko.cz and has thus been informed of his/her rights in relation to the management and processing of his/her personal data in accordance with the Regulation. www.blanko.cz a byl tak ve smyslu Nařízení poučen o svých právech souvisejících se správou a zpracováním jeho osobních údajů.
Article X.
Final Provisions
10.1 These GTC, within the meaning of § 1751 et seq. of the Civil Code, regulate the procedure for concluding, constitute the content of and form an integral part of the accommodation contract concluded between the Client and the Accommodation Provider.
10.2 If a written form of legal action is required in these GTC, it shall be deemed to be in compliance with this form if the legal action is made in the form of a letter, fax or e-mail.
10.3 If any particular provision of these GTC is found to be invalid, it shall be fully severable from the other provisions of these GTC and such invalidity shall not affect the validity and enforceability of any other provisions of these GTC.
10.4 In all other matters not covered by these GTC, the Client and the Accommodation Provider agree to comply with the laws of the Czech Republic, good morals and practices in the provision of accommodation services and to resolve any disputes preferably amicably.
10.5 These GTC come into effect on 29.5.2023