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GENERAL TERMS AND CONDITIONS OF HOTEL ALWYN

These General Terms and Conditions (hereinafter as“ VOP“) of hotel ALWYN located at the address Vítkova 151/26, 186 00 Praha 8 – Karlín (hereinafter as „Hotel“), regulate the contractual relationship between the Hotel’s management company MIVAC Management s.r.o., ID: 276 26 181, with its registered seat at Vítkova 151/26, 186 00 Praha 8 – Karlín, registered in the Commercial register maintained by the Municipal Court in Prague in Section C, insert 119811 as  (hereinafter as „Hotel“) on one side and a physical or legal person as hotel guest on  the other side (hereinafter as „Guest“).

 

Based on a valid accommodation agreement (hereinafter as „Contract“) the Hotel grants the guest temporary accommodation (the right to use a certain space within the hotel) for a contracted time and price. In case the hotel guest is a consumer, relations not covered by these VOP shall be governed by Act No. 89/2012 Coll., Civil Code (mainly provisions §§ 2326 to 2331) (hereinafter as „OZ“) and Act No. 634/1992 Coll., Consumer Protection Act, as amended.

Provisions of these VOP shall be effective unless the parties agree otherwise in writing in the Contract.

INFORMATION DUTY

  1. These VOP contain mandatory information required by provision of Section 1811 (2) and Section 1820 (1) of the OZ and are integral part of each individual accommodation contract.
  2. Any cost incurred by visiting and browsing of the Hotels website shall be paid by the Guest based on the contract concluded between him/her and his/her internet provider.
  1. BOOKING OF ACCOMODATION AND SERVICES
  1. The Guest shall book accommodation in written form (by post, email or    or by using the online booking engine on the website www.hotelalwyn.cz), by phone or in person.
  2. Each booking request shall contain the following material information:
  • First name and surname of the Guest, date and place of birth, address of permanent residence and contact (phone, e-mail); in case of a legal entity also its business name, seat, company ID and VAT ID.
  • Identification of the person (or persons), to which the service shall be granted – (including name and date of birth) dates of the stay, category of accommodation and manner of payment.
  1. Any booking request becomes binding at the moment of its written confirmation by the Hotel, unless other conditions are set forth in the confirmation that have to be met for the booking request to become binding (for example payment of deposit).
  2. Upon confirmation of the booking request by the Hotel a contractual relationship arises between the Guest and the Hotel. The Hotel shall provide the guest services in the agreed scope and quality, while the guest is obliged to pay the agreed price (or cancellation fee as stated below). Conditions of the contract shall be binding for all persons stated in the confirmed booking request.
  3. In case the booking request sent by the Guest is missing some substantial information, the Guest shall amend necessary details upon request sent to him by the Hotel. Should the Guest not amend necessary details within 3 days from the day he was informed by the hotel, the booking request will be deemed null and void.
  4. When confirming the reservation, The Hotel may ask the Guest for credit card information (card holder name, card type, card number, expiration and security code) in order to make preauthorization of the credit card in the amount of expected price of booked services.
  5. In case that conditions for binding reservations are not met, the Hotel is entitled to cancel such booking request and inform the Guest thereof.

III. RIGHTS AND DUTIES OF THE GUEST

  1. By concluding the accommodation contract, the Guest obtains the right to use the guestroom as well as other public Hotel premises and also services commonly provided by the Hotel.
  2. The Guest is obliged to act in compliance with the Hotel’s internal rules and regulations (e.g. fitness room rules, accommodation rules, etc.).
  3. Without the Hotel’s prior written consent, the Guest may not do any changes or alterations in the guestroom or other premises of the Hotel (including moving of furniture or other hotel amenities).
  4. The Guest may not accommodate a person not reported to the Hotel without the Hotel’s prior written consent.
  5. The Guest has the right to complain about potential imperfections or defects in services provided by the Hotel. The complaint has to be filed with the Hotel in writing without undue delay, however no later than 1 day from the day the defect was discovered by the Guest. The complaint shall be files with the Hotel’s reception, where a special form is available for this purpose.  The complaint has to be specific as regards discovered defects, their effect on provided services, etc. The Guest has no right for reimbursement for any costs incurred by filing of the complaint. The Hotel shall process the complaint without undue delay based on the nature of the claimed defect. The Guest is obliged to provide necessary cooperation to the Hotel when processing his/her complaint.
  6. The Guest shall be responsible for any damage caused intentionally or unintentionally in the premises of the Hotel by him/her or by any persons or animals traveling with him/her. The Guest is obliged to report any damage immediately to the Hotel staff and to pay such damage to the full extent.
  7. The Guest has to right to cancel a confirmed reservation (to withdraw from the contract) or end his stay before the date of scheduled departure, provided that he/she will live up to cancellation conditions as set forth in these VOP.
  8. No later than upon check-out, the Guest shall pay the agreed price for accommodation and other services, including any services ordered by him or other persons travelling with him/her during the stay.

RIGHTS AND DUTIES OF THE HOTEL

  1. The Hotel shall provide the Guest with all necessary information about his/her stay.
  2. Should the Hotel for reasons beyond its control not be able to honor the booking it accepted, it will make best efforts to reassign the Guest at its own cost to a hotel of equivalent or higher rating nearby.
  3. In case of cancellation of a confirmed reservation by the Guest the Hotel shall return the paid deposit within 14 days from the day of cancellation. However, should any cancellation fees arise in such case, the Hotel will return only the difference between the paid deposit and the applicable cancellation fee. In case of cancellation of reservation where preauthorization of credit card has been made to guarantee the reservation, the Hotel is entitled to charge the applicable cancellation fee from the Guests credit card.

PRICES OF SERVICES

  1. Prices of services provided by the Hotel (accommodation, massages, sauna, room service etc.) are available in the respective price list at the Hotels reception and/or in the online Booking engine on the website of the Hotel – www.hotelalwyn.cz.
  2. Prices of services include local fees and legal VAT.

PAYMENT CONDITIONS

  1. Unless written otherwise in the booking confirmation, a deposit has to be paid within 5 working days from the day the booking request was confirmed, however no later than 2 days prior to the scheduled arrival to the Hotel.  In case the deposit is not paid in a timely manner, it shall be deemed that the Guest withdrew from the accommodation contract (as stated further in these VOP). In case the Hotel wishes to fulfil the contract despite the fact that the deposit has not been paid, it shall inform the Guest in writing that the contract remains in effect.
  1. The guest may pay the price of accommodation or other services as follows:
  • via bank transfer to the Hotel’s bank account;
  • by providing details of credit card, from which the respective amount will be charged – for the purpose the Hotel will send to the Guest a credit card authorization form
  • the remaining part of the price may be paid in the hotel reception upon check-in by cash (Czech Crowns or Euro) or by credit card (VISA, Master Card, Amex, JCB);
  1. All payments have to be done without any deductions, i.e. in full amount of ordered services.

 

VIII. END OF CONTRACT, CANCELLATION FEES

  1. The guest has the right to withdraw from the contact in writing at any time and without giving a reason under the below conditions. In case of no-show (the Guest will not arrive to use the ordered service), this shall be also considered withdrawal from the contact without giving a reason.
  2. In case of withdrawal from the contact without giving a reason, the Guest shall pay to the Hotel a cancellation fee under these conditions:

 

Individual guests and groups up to 7 rooms:

  • In case of cancellation more than 3 days before the scheduled arrival date – cancellation fee of 0% of the booking amount
  • In case of cancellation 3 days or less before the scheduled arrival date – cancellation fee in the amount of the price for the first night

Group reservations (8 rooms or more):

  • For groups reservations individual cancellation conditions will be set forth based on time of year, requested number of rooms or other factors. Such individual cancellation conditions have to be confirmed to the Guest together with the booking confirmation and by accepting the booking the Guest confirms his/her consent with such cancellation conditions.

Reservations via internet channels:

  • In case of reservation via internet channels (eg. Booking.com, Expedia etc.) the cancellation conditions confirmed in such reservation have preference over the general conditions as described above.

 

The Hotel will not provide any reimbursement for any ordered services (accommodation, massage, etc.) that have not been used by the Client during his/her stay.

  1. The Hotel may withdraw from the contract or cancel the contract in the following cases:
  • The Guest will not pay for the ordered serviced in the contracted time;
  • In case of no-show
  • In case the Guest violates internal regulations of the hotel;
  • In case the Guest violates (despite warning from the Hotel staff) his/her right duties from the accommodation contract or good manners;
  • For technical reasons beyond control of the Hotel.

In the above described cases the Guest shall gave no right for reimbursement of paid money or financial or other compensation, with the exception of cases where the contract is cancelled by the Hotel for technical reasons – in such caser the Hotel will return the Guest the paid deposit.

 

CONSUMER DISPUTE RESOLUTION

  • The hotel guest has a right to file a petition for out-of-court resolution of a consumer dispute with the competent authority of consumer dispute resolution, which is:

The Czech Trade Inspection Authority

Central Inspectorate – ADR unit

Štěpánská 15

120 00 PRAGUE 2

Email: adr@coi.cz

Web: https://adr.coi.cz

The Czech Trade Inspection Authority is an inspection authority in the field of consumer protection, acting in accordance with Act No. 64/1986 Coll., the Czech Trade Inspection Authority Act, as amended, and other legal regulations. The web page of The Czech Trade Inspection Authority is www.coi.cz.

  1. In accordance with provision § 1837 letter j) of Act No. 89/2012 Coll., the Civil Code the hotel guest as consumer shall not have the right to withdraw from the contract in case the hotel provides contracted accommodation in the contracted time.

INFORMATION ABOUT PERSONAL DATA PROCESSING AND PROTECTION

With effect from 25 May 2018 the processing of personal data of clients of Hotel Alwyn are subject to Regulation (EU) 2016/679 of the European Parliament and of the Council 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), known as GDPR. With regard to this we provide our clients with the following information about the processing and protection of their personal data.

Personal data controller

The controller of personal data of clients of Hotel Alwyn at the address Vítkova 151/26, 186 00 Praha 8 – Karlín (hereinafter referred to as the Hotel) is the company MIVAC Management s.r.o., ID: 276 26 181, with its registered seat at Vítkova 151/26, 186 00 Praha 8 – Karlín, registered in the commercial register maintained by Prague City Court, section C, insert 119811 (hereinafter referred to as the Controller).

Which personal data do we process?

The personal data that we process about our clients and the extent of which differs depending on the type and extent of the services provided include:

  • name and surname, title
  • date of birth
  • nationality
  • home address
  • travel document number
  • visa number if indicated on the travel document
  • duration of stay
  • purpose of stay in the Czech Republic
  • e-mail address
  • phone number
  • type, number and expiry date of payment card
  • vehicle registration number
  • records from the surveillance system
  • other data, if necessary in connection with the provision of services by the Controller.

We obtain personal data directly from the client or from the agent that has arranged accommodation when concluding the accommodation reservation agreement or the accommodation agreement and also during our contractual relationship. Personal data is provided by the client on voluntary basis. Should the client choose not to provide us with his/her personal data, we will not be able to conclude an accommodation reservation agreement or accommodation agreement.

No automated decision-making occurs during the processing of the clients personal data.

In order to ensure the security and confidentiality of personal data, which is extremely important to us, we use technical and organizational measures to protect against unauthorized access to the personal data and its misuse, including the security of our IT systems. We regularly evaluate and update all our measures.

Purpose of processing and legal basis for the processing of personal data

We process personal data for the following purposes:

  • providing services on the basis of a concluded accommodation reservation agreement or accommodation agreement in the Hotel, i.e. in particular, for the purposes of concluding a contract and managing our contractual relationship and communicating with the client.
    In this case the legal basis enabling us to process personal data is that the processing of personal data of the client is necessary in order to conclude or fulfil an agreement with him/her.
  • fulfilling our legal obligations, i.e. in particular, for the purposes of keeping a house book and notifying the accommodation of foreign citizens according to legislation governing the residence of foreign citizens in the Czech Republic. In this case the legal basis enabling us to process personal data is that the processing of personal data of the client is necessary in order to fulfil the legal obligation that applies to us as a controller of personal data.
  • protecting our legitimate interests, i.e. in particular, for the purposes of assessing, exercising and enforcing our legal claims, protecting the rights, property or security of us, our clients or other persons. In this case the legal basis enabling us to process personal data is that the processing of personal data of the client is necessary for the purposes of our legitimate interests as a controller of personal data.
  • marketing and sending marketing messages and business offers, provided that the client has granted his/her consent to direct marketing. In this case the legal basis enabling us to process personal data is that the client has at some time granted us revocable consent to the processing of his/her personal data for this purpose.

Recipients to whom we might provide personal data

In order to ensure the proper running of the Hotel, when providing services and fulfilling our contractual obligations, we use professional and specialized services of other subjects, such as gastronomic service providers, IT services, accountants, auditors and other subjects. In case these subjects process personal data of the Hotel’s clients provided to them by the Controller, they are in the position of personal data processors and process them only according to our instructions and cannot use them otherwise. We select each such subject carefully and with each of them we enter into a personal data processing contract, in which such subject as a processor has to fulfil strict obligations to protect and safeguard personal data.

Period for which we will process personal data

We store personal data of the Hotel’s clients only for as long as any of the aforementioned processing purposes lasts, i.e. in particular for the duration of the agreement and for the duration of consent of the client to the processing of personal data. Following the termination of agreement or the withdrawal of the clients consent we will then store personal data only for the duration and under the conditions required by law in accordance with general limitation, archiving and shredding periods.

Rights relating to the processing of the client’s personal data

Regarding the processing of personal data the client has:

  • the right to brief, clear, transparent and comprehensible information about how we handle his/her personal data and what his/her rights are regarding the processing of his/her personal data (this document also serves this purpose)
  • the right of access to personal data including the right to obtain confirmation of whether or not we are processing his/her personal data and the right to request information about how we are processing his/her personal data
  • the right to rectification of inaccurate or incomplete personal data
  • the right to erasure of his/her personal data (“the right to be forgotten”), if:
    – his/her personal data is no longer required for the purposes for which it was collected or processed;
    – he/she has withdrawn his/her consent to the processing of his/her personal data;
    – he/she has objected to the processing of his/her personal data and our legitimate interest in the further processing of his/her personal data does not have priority in that particular case or he/she has objected to the processing of his/her personal data for direct marketing purposes;

– his/her personal data has been processed unlawfully;
– his/her personal data has to be erased according to legal regulations.

  • the right to the restriction of processing of his/her personal data if:
    – he/she disputes the accuracy of his/her personal data, until we verify their accuracy;
    – the processing of his/her personal data is unlawful and instead of erasing such personal data he/she only asks for its use to be restricted`

– we no longer need his/her personal data but he/she requests it in order to exercise his/her legal rights;

– he/she has objected to the processing of his/her personal data, until we verify whether our legitimate interests outweigh his/her interests.

  • the right to the portability of data including his/her right to obtain his/her personal data and his/her right to decide to have it transferred to another service provider (to another personal data controller)
  • the right to object to the processing of his/her personal data if we process it in order to protect our legitimate interests or for direct marketing purposes
  • the right to make a complaint to the supervisory authority which is the Office for Personal Data Protection, Pplk. Sochora 27, 170 00 Praha 7; www.uoou.cz

In case of any questions or comments on the processing of the client’s personal data or want to exercise his/her rights referred to in section VI., he/she can do so in writing to the Controller’s address MIVAC Management s.r.o., IČ: 276 26 181, 151/26, 186 00 Praha 8 – Karlín, or by e-mail to: info@hotelalwyn.cz

 

 FINAL PROVISIONS

  1. These VOP are effective as of 1 May2018.
  2. Any changes or amendments of these VOP may be concluded between the Guest and the hotel in written form only.
  3. The Hotel has the right to change or amend these VOP. Such changes or amendments shall not have effect on previously concluded contracts.
  4. In accordance with Section 1751 of the OZ these VOP shall be considered integral part of any accommodation contract between the Hotel and its Guests. Full version of the VOP is available on the website of the Hotel.
  5. In case of discrepancies between different language versions of these VOP the Czech version shall prevail.