GENERAL TERMS AND CONDITIONS FOR ORGANIZING EVENTS
Maximus Resort, a.s., company registration number: 269 65 437, with its registered office at Hrázní 327/4a, Kníničky, 635 00 Brno, registered with the Commercial Register maintained by the Regional Court in Brno, Section B, File 4332 (hereinafter referred to as the “Provider”) governing the terms and conditions for the provision of accommodation, event, catering and non-hotel services by the Provider for the purpose of organising social, corporate and private events (hereinafter referred to as “Events”) at the hotel specified below and operated by the Provider (hereinafter referred to as the “Terms and Conditions”).
1 OPENING PROVISIONS
1.1 These Terms and Conditions govern in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code as amended (hereinafter referred to as “Civil Code”) the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a contract for the provision of Services specified below by the Provider (hereinafter referred to as the “Contract”) concluded between the Provider and a third party acting as the customer for such Services (hereinafter referred to as “Customer”). Any deviating provisions in the Contract shall take precedence over the provisions of these Terms and Conditions.
1.2 These Terms and Conditions apply both to cases where the Customer is a person acting, when concluding the Contract, in the course of their business activities or in the course of their independent professional practice (hereinafter referred to as “Entrepreneur”), as well as to cases where the Customer is a consumer within the meaning of the Civil Code (hereinafter referred to as “Consumer”).
2 EVENTS AND SERVICES
2.1 The Services will be provided by the Provider for the purpose of organising the Event on the premises of Maximus Resort a.s. – Hrázní 327/4a, Brno – Kníničky 635 00 Company registration number: 269 65 437, VAT Reg. No.: CZ26965437 (hereinafter referred to as “Hotel” by the Customer on the date agreed between the Provider and the Customer in accordance with these Terms and Conditions (hereinafter referred to as “Event Date”). Further details about the Hotel are available at www.maximus-resort.cz (hereinafter referred to as “Provider’s Website”).
2.2 For the purposes of organising the Event, the services provided or arranged by the Provider under the Contract may include
2.2.1 accommodation services at the Hotel (hereinafter referred to as “Accommodation Services”);
2.2.2 the rental of conference facilities located within the Hotel, and thus the hire of a function room, the detailed specifications of which shall be agreed in the Contract, including the provision, where applicable, of basic technical equipment for the Event venue, to the extent agreed in the Contract (hereinafter referred to as “Event Services”);
2.2.3 catering, i.e. the provision of the required food and drink, the detailed specifications of which shall be agreed in the Contract (hereinafter referred to as “Catering Services”);
2.2.4 non-hotel services, and therefore other services not included in Accommodation Services, Event Services and Catering Services, the details of which are set out in the Contract;
(collectively referred to as “Services”).
2.3 Where the Provider offers services provided by a party other than the Provider (typically wellness services) (hereinafter referred to as “Services provided by a third party”), these will be provided upon presentation of a voucher purchased by the Customer from the Provider. These Terms and Conditions do not apply to Services provided by third parties; instead, the terms and conditions of the relevant provider of such third-party Services shall apply. The Provider shall not be liable for the quality of Services provided by a third party, nor for any loss or damage arising to the Customer out of or in connection with the provision of such Services; liability for this shall always rest solely with the relevant third party.
3 OFFER AND CONCLUSION OF THE CONTRACT
3.1 The Provider shall send the Customer a binding quotation for the Services, which shall include a specification of the Services, the Date of the Event, the number of persons attending the Event (hereinafter referred to as “Guest”), the proposed price for the Services and any other relevant terms and conditions (hereinafter referred to as the “Offer”). The validity period of the Offer is stated in the Offer.
3.2 For the purposes of concluding the Contract, the Customer is obliged to provide the Provider with complete, accurate and truthful information. The Provider shall not be liable for any loss or damage caused as a result of Customer’s breach of this obligation.
3.3 The Contract is concluded upon written acceptance of the Offer by the Provider and the Customer, with the content of the Contract being determined by the Offer and the Terms and Conditions. The Provider reserves the right to suspend or terminate negotiations on the Offer at any time; the provisions of Section 1729 of the Civil Code shall not apply.
3.4 Should Customer’s confirmation of the Offer differ from the original Offer (if the Customer accepts the Offer subject to reservations or variations), the Customer must state this in writing. These amendments shall be deemed to constitute a new draft of the Offer, in which case the Contract shall be concluded at the moment the Customer and the Provider confirm in writing the amended text of the Offer. Otherwise, the Contract will not be concluded, even in cases where an amendment or variation is involved that does not substantially alter the original Offer.
3.5 By accepting the Offer in writing, the Customer also confirms that they have read the current Terms and Conditions in force on the date of acceptance of the Offer, that they fully understand their content, and that they agree to their terms, and furthermore, that they have familiarised themselves with the Information on the Processing of Personal Data. The Terms and Conditions and the Information on the Processing of Personal Data form an integral part of the Offer and the Contract. The Customer may also view both of these documents at any time on Provider’s website.
4 GENERAL RIGHTS AND DUTIES OF CONTRACTING PARTIES
4.1 The Customer is entitled to request the Provider, by e-mail, to amend the agreed Services; should the Customer make such a request, the Provider undertakes to state, without undue delay and no later than within 5 (five) working days, to state by e-mail whether the change is possible or not and what impact the change would have on the performance of the Contract, in particular on the ability to provide the Service and on the Fee. If the Provider states that a change is not possible, the Provider shall ensure that the Services are provided on the Event Date as originally agreed in the Contract. If the Provider states that the requested change is possible, the Customer must notify the Provider by email without undue delay, and no later than within 2 (two) working days, whether they agree to the new terms and conditions, or whether the Services are to be provided as originally agreed. The Provider may also request a change to the Services by sending a proposal to the Customer by e-mail. The Customer must agree to such a change by e-mail or reject it without undue delay, within 2 (two) working days at the latest. Change requests may be subject to cancellation fees in accordance with Article 11 of these Terms and Conditions.
4.2 The Contracting Parties undertake to provide each other with all necessary cooperation to ensure the performance of the Contract. Should the Customer fail to provide the necessary cooperation even after being requested to do so by the Provider, the Provider shall not be obliged to fulfil its obligations under the Contract.
5 RIGHTS AND OBLIGATIONS RELATING TO SERVICES
5.1 The Customer is obliged to ensure that the obligations set out in this Article 5 are also complied with by the Guests.
5.2 Check-In and check-out: The Customer is obliged to report to the Hotel reception on the first day of the Event Period (hereinafter referred to as “Check-In Day”) to check in, no earlier than 15:00. The Customer is also required to check out at the Hotel reception on the final day of the Event, by 11.00 am at the latest. Early check-in or late check-out is only possible subject to prior written agreement with the Provider.
5.3 Use of Hotel’s facilities: The Customer is entitled to use the Hotel’s premises (e.g. Event space, accommodation units) only to the extent agreed in the Contract.
5.4 Drinks and food: Unless otherwise agreed in writing between the Customer and the Provider, the Customer is only entitled to consume at the Hotel those drinks and meals ordered under the Contract or, where applicable, ordered from the Provider during the Event. The Customers are not permitted to bring their own drinks or food into the hotel.
5.5 Music and other production: Where the Services include musical performances or other relevant uses of intellectual property rights, the Customer is obliged to settle all rights, and in particular is obliged to pay any fees to the relevant collective copyright management organisation (OSA, INTERGRAM and others) in accordance with Act No. 121/2000 Coll., on copyright, rights related to copyright and amending certain acts (the Copyright Act), as amended. If the Provider is required to pay these charges, the Customer shall reimburse the Provider for these costs upon receipt of a written request from the Provider. The Provider settles the fees directly with collective management organisations for the use of intellectual property rights in the course of its normal business operations (background music in a restaurant, etc.).
5.6 Compliance with obligations arising from legislation: The Customer is obliged to ensure that the Event is held in accordance with applicable legislation and, in case of a breach of such legislation, to bear all the consequences (in particular, to pay any penalties and fines, etc.).
5.7 Obligation to submit required documents: If COVID-19 measures are in force at the time of the Event, the Customer (and the Guests) shall be obliged, upon request by the Hotel staff, to present to the Hotel staff a valid certificate or other document confirming that they are free from infection, provided that the relevant measure imposes an obligation on the Provider to check such documents.
5.8 Accommodation services: Further details regarding Accommodation Services and the rights and obligations relating to such Services are set out in Annex 3 to these Terms and Conditions. The Customer is obliged to send a list of the names of the Guests to whom Accommodation Services are to be provided no later than 3 (three) days before the Check-In Day. The Customer may subsequently cancel part of the Accommodation Services as set out in the list of names; such cancellation of part of the Accommodation Services as set out in the list of names shall not be subject to cancellation fees within the meaning of Article 11 of these Terms and Conditions, provided that such cancellation of part of the Accommodation Services is made no later than 3.00 pm on the day preceding the Check-In Day, and is limited to a maximum of ten per cent (10%).
5.9 Event Services: Further details regarding Event Services and the rights and obligations relating to Event Services are set out in Annex 4 to these Terms and Conditions. Unless the booking of a specific conference room is stipulated in the Contract, the Provider is entitled to change the room in which the Event is to take place at any time prior to the Check-In Day.
5.10 Catering Services: The final number of Guests to whom catering services will be provided, including the selection of specific dishes and drinks (hereinafter referred to as “Change to Catering Services”), may be amended by the Customer no later than seven (7) working days prior to the Check-In Day. The Customer may subsequently make a Change to the Catering Services, in which case such a Change to the Catering Services shall not be subject to cancellation fees within the meaning of Article 11 these Terms and Conditions, provided that such Change to the Catering Services is made no later than 3 (three) days prior to the Check-In Day, and is limited to a maximum ten per cent (10%). The Provider is entitled to allocate a seat (i.e. a place to consume food and drink) to each Guest in the Hotel’s restaurant or event venue at its own discretion.
6 FEES FOR SERVICES AND PAYMENT TERMS
6.1 The Services are provided by the Provider for a fee, and the Customer is obliged to pay the Provider a fee (hereinafter referred to as “Fee”) for the provision of the Services. The Fee for the Services provided (including a detailed price calculation) is agreed individually between the Contracting Parties in the Contract; this represents the minimum cost of providing the Services, which shall be paid by the Customer regardless of the actual scope of Services utilised and consumed. The Fee also includes the value of a voucher, the redemption of which will result in the provision of Services by a third party, provided that such third-party services have been ordered.
6.2 If, following the conclusion of the Contract, the Customer and the Provider agree on the provision of further Services, or if the scope of the Services ordered is extended beyond that agreed in the Contract, or if the Customer makes use of goods (typically drinks or meals) in excess of the goods which the Provider is to supply to the Customer under the Contract, the Customer shall be obliged to pay the Provider a fee for the provision of these Services and goods in excess of the Fee.
6.3 All amounts which the Customer is obliged to pay to the Provider under the Contract are payable on the basis of an invoice issued by the Provider, within fourteen (14) days from the date of issue, and shall be paid by bank transfer to Provider’s bank account specified on the relevant invoice.
6.4 The Customer is obliged to pay the Provider part of the Fee in advance (as an advance payment), which shall amount to seventy per cent (70%) of the Fee. The advance payment is payable on the basis of an invoice issued by the Provider and sent to the Customer as soon as the Event has been definitively confirmed, and no later than two months before the Event takes place.
6.5 If the Provider fails to pay the advance payment by the due date, the Provider is entitled to withdraw from the Contract.
6.6 If the Provider is a business and also registered to VAT, value added tax at the rate laid down by law shall be added to the Fee.
6.7 Customer’s obligation to pay any sum under the Contract is fulfilled at the moment the relevant sum is credited to Provider’s bank account.
7 QUALITY AND RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
7.1 Customer’s rights and obligations arising from defective performance are governed by relevant, generally applicable regulations (in particular the provisions of Sections 1914 to 1925 of the Civil Code). The Provider does not give the Customer any guarantee as to the quality of the Services.
7.2 A service is defective if it does not comply with the Contract. If the Service is defective, the Customer is entitled to make a complaint regarding the Service in accordance with these Terms and Conditions.
7.3 Under no circumstances shall the Provider be liable for any defects in the Services caused by the Customer or the Guests.
7.4 If the Service has a defect that can be rectified, the Customer is entitled to have the defect rectified free of charge. Where the nature of the Service provided so permits, and provided that this is not disproportionate given the nature of the Service, the Customer may also request the provision of a new service as part of the Service or a component thereof. If such a course of action is not possible, the Customer may request a reasonable reduction in the Fee for the Service or, where appropriate, withdraw from the Contract; the same applies in the event of a defect in the Service which cannot be rectified and which prevents the Service from being used properly, or in the event of defects which can be rectified but where the Customer is unable to use the Service properly due to the defect recurring after rectification or due to a significant number of defects. A defect is considered to be a recurrence if the same defect occurs for the third time. In case of other defects that cannot be remedied, and provided that the Customer does not request the provision of new performance under the Contract, the Customer shall be entitled to a reasonable reduction in the Service Fee or may withdraw from the Contract.
7.5 The obligation to remedy a defect is also fulfilled by providing proper instructions on how to remedy the defect, provided that the defect can be remedied in this way.
7.6 The Customer is obliged to file a complaint regarding the Service without undue delay after becoming aware of, or having ought to have become aware of, the defect, if possible immediately while the Services are being provided or immediately after they have been provided, using the contact details provided on Provider’s website and set out below in these Terms and Conditions.
8 MAKING A COMPLAINT ABOUT THE SERVICES
8.1 When reporting a defect in the Service (making a complaint), it is necessary to provide Customer’s identification and contact details, information about the Service provided, and, where applicable, any other details that enable the Service and the Customer to be identified. The Customer is also obliged to state which rights arising from defective performance they are exercising. Without this information, it is not possible to initiate the complaints procedure. Notification of a defect must be made in writing (including via e-mail).
8.2 The Provider shall confirm receipt of the complaint to the Customer in writing (including via e-mail), stating in particular: the date on which the Customer filed the complaint, the nature of the complaint, the method of resolution requested by the Customer, and Customer’s contact details for the purpose of providing information regarding the resolution of the complaint. The Provider shall also inform the Customer of the procedure for handling the complaint and the expected date of its resolution.
8.3 Once the complaint has been resolved, the Provider shall issue the Customer with written confirmation (including via e-mail) of how the complaint was resolved and the date on which it was resolved, including confirmation that remedial measures have been taken or, where applicable, a written explanation of the reasons for rejecting the complaint.
8.4 The complaint will be dealt with and the Customer will be informed of the outcome within 30 days of it being lodged, unless the Provider and the Customer agree on a longer period. Once the time limit specified in this paragraph has elapsed without result, the Customer (as a consumer) may withdraw from the Contract or request a reasonable discount.
8.5 If Customer’s complaint was justified, the Customer is entitled to reimbursement of the necessary costs incurred in connection with making the complaint (e.g. postage). These may be submitted in writing to the Provider; the Provider shall assess whether costs need to be incurred.
8.6 To make a complaint, the Customer must use one of the following contact details:
8.6.1 e-mail: sales@maximus-resort.cz
8.6.2 business address: Hotel SEN, Malostranská 344, 251 66 Senohraby, Company reg. No.: 269 65 437, VAT Reg. No.: CZ26965437 or Hotel Maximus Resort, Hrázní 327/4a, 635 00 Brno, Company reg. No.: 26965437, VAT reg. No.: CZ26965437
8.6.3 delivery address: Hotel SEN, Malostranská 344, 251 66 Senohraby, Company reg. No.: 269 65 437, VAT Reg. No.: CZ26965437 or Hotel Maximus Resort, Hrázní 327/4a, 635 00 Brno, Company reg. No.: 26965437, VAT reg. No.: CZ26965437
9 CONSUMER RIGHTS
9.1 A Customer who is a Consumer has, in addition to the rights and obligations set out in these Terms and Conditions, the specific rights and obligations set out below in this Article 9 of the Terms and Conditions. Where the Customer is a Consumer, the provisions of this Article 9 shall take precedence over the other provisions of these Terms and Conditions.
9.2 Information on the right to withdraw from the Contract: Any Customer who is a Consumer has the right to withdraw from a Contract concluded by means of distance communication or outside Provider’s usual business premises within fourteen (14) days of the date of its conclusion. To this end, they may use the withdrawal form set out in Annex 2 to these Terms and Conditions. The Customer, who is a Consumer, acknowledges that they are not entitled to withdraw from the Contract if the Contract was concluded by means of distance communication or outside Provider’s business premises, provided that
9.2.1 the Contract is concluded in respect of Services which are of the nature of those specified in Section 1837(j) of the Civil Code, and are provided within a specified time frame (i.e. where the subject matter of the Contract is accommodation services; catering, leisure activities, provided that, under the Contract, performance is due on a specific date or during a specific period);
9.2.2 The services covered by the Contract have been provided in full; in the case of performance in return for payment, only if such performance commenced with Customer’s prior express consent before the expiry of the period for withdrawal from the Contract and the Provider informed the Customer that the right to withdraw from the Contract ceases upon the provision of such performance.
9.3 Solving disputes: If a Consumer dispute arises between the Customer (Consumer) and the Provider in connection with the Contract, which cannot be resolved by mutual agreement, then the Customer – Consumer may submit a request for out-of-court resolution of such a dispute to the designated body for the out-of-court resolution of consumer disputes, which is the: Česká obchodní inspekce, Ústřední inspektorát – oddělení ADR (Czech Trade Inspection Authority, Central Inspectorate – ADR Department), address: Štěpánská 15, 120 00 Prague 2, website: coi.gov.cz.
9.4 The Provider is not bound by any codes of conduct within the meaning of Section 1820(1)(n) of the Civil Code in its relationship with the Customer, who is a Consumer.
10 PERSONAL DATA PROTECTION
10.1 Information regarding Provider’s processing of personal data in connection with the provision of the Services is available for inspection at any time at Provider’s Website.
10.2 If, in the course of providing the Services, the Provider is required to process personal data on behalf of the Customer in its capacity as a data processor, the Provider undertakes, prior to commencing the provision of such a Service, to submit to the Customer a draft data processing agreement that meets the requirements set out in Article 28 of Regulation (EU) 2016/679 of 27 April 2016 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). Until the relevant data processing agreement has been concluded, the Provider is not obliged to provide the Service, which involves the processing of personal data by the Provider in its capacity as a data processor.
11 TERM AND TERMINATION OF THE CONTRACT, CANCELLATION FEES
11.1 Both the Provider and the Customer may withdraw from the Contract as a result of a material breach of the Contract by the other Party, provided that the other Party has been notified in writing of such a material breach and has been granted, without success, a reasonable period of time, not less than 10 (ten) working days, to remedy the breach. The Provider is also entitled to withdraw from the Contract in case of Customer’s delay in paying an invoice lasting longer than one (1) month from the due date, provided that the Customer has been notified in writing of such delay and has been granted a reasonable period of time, not less than seven (7) days, to remedy the situation. In such cases, the Provider and the Customer shall not refund any services already provided.
11.2 The Provider is also entitled to withdraw from the Contract concluded with the Business Owner, or from any part thereof, at any time, without giving any reason. Should the Provider do so, it undertakes in such a case to refund to the Customer the portion of the Fee already paid for the relevant cancelled Service.
11.3 The Provider is also entitled to withdraw from the Contract if exceptional circumstances arise which substantially affect the ability to provide the Service within the originally agreed timeframe. Such exceptional circumstances include, in particular, a change of date, cancellation or other reorganisation of a major event that was expected to take place during the relevant period and which will significantly affect the availability of accommodation, or other fundamental operational circumstances which the Provider could not have foreseen despite exercising due care. The Provider may exercise this right no later than 2 (two) months before the date on which the Accommodation Service is to be provided. The Provider shall, without undue delay, refund to the Customer any Fee for the Services that has already been paid.
11.4 The Customer also has the right to withdraw from the Contract or any part thereof at any time without giving any reason (hereinafter referred to as “Cancellation of Services”), by giving written notice to the Provider (including by e-mail). Notice of cancellation of Services shall take effect on the date of its delivery to the Provider. Cancellation of Services by the Customer may, in the cases set out below in this Article 11 be subject to Customer’s obligation to pay the Provider a cancellation fee (hereinafter referred to as the “Cancellation Fee”). In case of the termination of the Contract or any part thereof in accordance with this paragraph 11.4, the Provider shall be obliged to return to the Customer all payments received from the Customer under the Contract (or under the relevant part thereof) or in connection therewith (provided they have not been used up by the Customer in accordance with the Contract and the Terms and Conditions), after offsetting any Cancellation Fee, within fourteen (14) days of the date of termination or expiry of the Contract or any part thereof.
11.5 Accommodation services: If the Customer cancels the Services in respect of the Accommodation Services
11.5.1 between one hundred and twenty (120) and ninety (90) days prior to the Check-In Day, the Customer is obliged to pay the Provider a cancellation fee amounting to twenty per cent (20%) of the price of the Accommodation Services cancelled;
11.5.2 during the period from eighty-nine (89) to sixty (60) days prior to the Check-In Day, the Customer is obliged to pay the Provider a Cancellation Fee amounting to forty per cent (40%) of the price of the Accommodation Services cancelled;
11.5.3 during the period from fifty-nine (59) to thirty (30) days prior to the Check-In Day, the Guest is obliged to pay the Provider a Cancellation Fee amounting to seventy per cent (70%) of the price of the Accommodation Services cancelled;
11.5.4 during the period from twenty-nine (29) to seven (7) days prior to the Check-In Day, the Customer is obliged to pay the Provider a Cancellation Fee amounting to ninety per cent (90%) of the price of the Accommodation Services cancelled;
11.5.5 less than seven (7) days before the Check-In Day, the Guest is obliged to pay the Provider a Cancellation Fee amounting to one hundred per cent (100%) of the total price of the Accommodation Services cancelled, with the exception of changes to the Accommodation Services in accordance with paragraph 5.8 of the Terms and Conditions;
11.5.6 at any time from the Check-In Day until the end of the Accommodation Period agreed in the Accommodation Contract, the Customer is obliged to pay the Provider a Cancellation Fee amounting to one hundred per cent (100%) of the price of the Accommodation Services not used.
If the Customer fails to check in on the Check-In Day, or if, during the Event Period, they do not make full use of all Accommodation Services through no fault of the Provider, the Customer shall not be entitled to any financial and/or other compensation from the Provider, and the Provider shall be entitled to a Cancellation Fee, amounting to one hundred per cent (100%) of the total price of the Accommodation Services not used.
11.6 Event Services: If the Customer cancels the Services in respect of the Event Services
11.6.1 during the period from one hundred and twenty (120) to ninety (90) days prior to the Check-In Day, the Customer is obliged to pay the Provider a Cancellation Fee amounting to twenty per cent (20%) of the total price of the Event Services;
11.6.2 during the period from eighty-nine (89) to sixty (60) days prior to the Check-In Day, the Customer is obliged to pay the Provider a Cancellation Fee amounting to forty per cent (40%) of the total price of the Event Services;
11.6.3 during the period from fifty-nine (59) to thirty (30) days prior to the Check-In Day, the Customer is obliged to pay the Provider a Cancellation Fee amounting to seventy per cent (70%) of the total price of the Event Services;
11.6.4 during the period from twenty-nine (29) to seven (7) days prior to the Check-In Day, the Customer is obliged to pay the Provider a Cancellation Fee amounting to ninety per cent (90%) of the total price of the Event Services;
11.6.5 less than seven (7) days prior to the Check-In Day, the Customer is obliged to pay the Provider a Cancellation Fee amounting to one hundred per cent (100%) of the total price of the Event Services.
11.7 Catering Services: If the Customer cancels the Services in respect of the Catering Services
11.7.1 during the period from thirty (30) to fifteen (15) days prior to the Check-In Day, the Customer is obliged to pay the Provider a Cancellation Fee amounting to fifty cent (50%) of the total price of the of the Catering Services;
11.7.2 during the period from fourteen (14) to four (4) days prior to the Check-In Day, the Customer is obliged to pay the Provider a Cancellation Fee amounting to seventy per cent (70%) of the total price of the of the Catering Services cancelled;
11.7.3 during the period less than 4 (four) days prior to the Check-In Day, the Customer is obliged to pay the Provider a Cancellation Fee amounting to one hundred per cent (100%) of the total price of the Catering Services cancelled, with the exception of changes to the Catering Services in accordance with paragraph 5.10 of the Terms and Conditions;
11.8 If the payments received by the Provider from the Customer under or in connection with the Contract are insufficient to cover the cancellation fees to which the Provider is entitled under Contract and the Terms and Conditions, the Customer shall be obliged, upon written request from the Provider, to pay the outstanding amount within the time limit and in the manner specified in the request.
12 FORCE MAJEURE
12.1 Neither party shall be obliged to fulfil any obligation under the Contract if it is prevented from doing so by an event of force majeure within the meaning of section 2913(2) of the Civil Code. The Contracting Parties are obliged to notify each other of any event of force majeure no later than 5 (five) days after it arises and to work together to find ways of mitigating its impact on the performance of the Contract and of overcoming it. The existence of a force majeure event must be substantiated. Should the force majeure event last for more than ninety (90) days, either party shall be entitled to withdraw from the Contract.
13 COMMOMN AND FINAL PROVISIONS
13.1 The Customer agrees with the use of remote means of communication when entering into the Contract. Any costs which the Customer incurs when using remote means of communication connected with entering into the Contract (particularly the cost of internet connection, cost of phone calls) shall be borne by the Customer alone and these costs do not differ from the basic rate.
13.2 The Contract is concluded in Czech. Concluded Contracts are archived by the Provider in electronic form. Access to archived Contracts is restricted to the Provider.
13.3 Any amendments or additions to the Contract must be made in writing.
13.4 If any provision of the Terms and Conditions is or becomes invalid or ineffective, then it is replaced by such a valid and effective provision which is as close as possible to the sense of the original provision. The validity of other provisions is not affected by the invalidity and ineffectiveness of one provision.
13.5 The Provider is entitled to amend or supplement these Terms and Conditions at any time and at its discretion. This provision does not affect the rights and duties applying while the previous wording of the Terms and Conditions was effective. Any additions to or amendments to the Terms and Conditions will be published on Provider’s website. If a Contract is concluded for long-term or recurring services, the Customer may terminate the Contract with effect from the date on which the new version of the Terms and Conditions comes into force, if they do not agree with the new version of the Terms and Conditions. On the date on which the new version of the Terms and Conditions comes into force, the previous Terms and Conditions shall cease to have effect.
13.6 The Provider is entitled to cite the provision of services to the Customer under the Contract for its own promotional purposes, as a reference.
13.7 The Customer agrees that the Provider is entitled to assign the Contract, or any part thereof, to a third party. The Customer must not transfer, assign, pledge or otherwise encumber its claims against the Provider without Provider’s written consent.
13.8 The Contracting Parties shall bear the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.
13.9 These Terms and Conditions, as well as all legal relationships arising therefrom, are governed by the laws of the Czech Republic. Any disputes arising out of the Contract or in connection with these Terms and Conditions shall be finally settled by the courts of the Czech Republic having subject-matter and territorial jurisdiction.
13.10 An integral part of these Terms and Conditions is
13.10.1 Annex 1 – Complaint form template;
13.10.2 Annex 2 – Contract withdrawal template;
13.10.3 Annex 3 – Terms and Conditions for Accommodation Services;
13.10.4 Annex 4 – Terms and Conditions for Event Services.
13.11 These Terms and Conditions come into effect on 23 July 2026.