Operating Regulations

  1. BASIC PROVISIONS AND DEFINITION OF TERMS
    1.1. The accommodation provider is David Rakoncaj , IČO:19733780, with registered office at Studánka 100, 352 01 Hranice, registered in the Commercial Register kept at the Municipal Office of Aš, (hereinafter referred to as “accommodation provider”).
    1.2. The customer is any person who enters into negotiations with the accommodation provider for the purpose of concluding an accommodation contract.
    1.3. A guest is any natural person to whom the accommodation services are directly related and who is or is to be entered in a register after the commencement of the service.
    1.4. The intermediary is the operator of the accommodation portal.
    1.5. The premises reserved for accommodation are Chata Ujo / Casa de Ujo ( hereinafter referred to as the cottage ).
    1.6. Common areas means the outdoor areas of the accommodation facility or building, in particular parking lots, gardens, driveways.
    1.7. The premises reserved for accommodation as well as the common areas of the accommodation facility are the accommodation facility.
    1.8. The General Terms and Conditions of Accommodation become part of the pre-contractual arrangements at the moment of the commencement of these negotiations between the accommodation provider or agent and the client and part of the contracts at the moment of their conclusion.
  2. CONDITIONS FOR CONCLUDING AN ACCOMMODATION CONTRACT
    2.1. The accommodation provider offers accommodation or other services in the form of offers, especially on websites, social networks, in the form of commercial communications to which the addressee (customer or guest) has agreed, through intermediaries approved by the accommodation provider, as well as in the form of advertising materials of the accommodation provider.
    2.2. The customer expresses his/her will to stay by sending a reservation to the accommodation provider, resp. the accommodation portal operator and the subsequent payment of the reservation.
    2.3. If the accommodation provider agrees with the reservation (its content), it sends the reservation confirmation to the client.
    2.4. Upon receipt of the booking confirmation from the accommodation provider, a contract for accommodation (hereinafter referred to as the “contract”) is created between the accommodation provider and the client. The accommodation provider is entitled to unilaterally change the conditions (parameters) of accommodation until the contract is formed. The accommodation provider has the right not to conclude the accommodation contract without giving any reason.
    The individual conditions of the service (accommodation of the guest) are always defined during the binding reservation and the guest is charged the corresponding price for this type of accommodation. Otherwise price according to current price lists.
    2.5. The contract (terms of accommodation) can only be changed in writing. The other party is not obliged to accept a change to the contract.
    2.6. The Customer may not assign the accommodation or other ordered service to a third party not listed in the contract as a guest for any reason, unless otherwise agreed.
    2.7. The guest using the service according to the concluded contract is obliged to get acquainted with the terms of the contract, the accommodation conditions as well as other information related to the accommodation at the latest at the beginning of the service and is obliged to ensure that the terms of the contract as well as the related arrangements are also acquainted with other persons participating in the accommodation together with him/her, or persons recorded in the registration book. Guests who, due to their intellectual or moral maturity, are not able to assess or understand the terms of the contract and related provisions, or persons under the age of 18, must be supervised throughout their stay by the guest or the client, who will supervise and ensure compliance with the terms of such person.
    By signing these terms and conditions, the guest or the client confirms that he/she has been sufficiently acquainted with the accommodation conditions and that all the provisions are understandable to him/her or that the meaning of the provisions and obligations have been sufficiently explained to him/her.
    2.8. If the accommodation provider is unable to comply with the contract in whole or in part due to force majeure, it shall immediately notify the client or the guest, if performance has already begun, of this fact and submit a proposal to amend the contract. Force majeure occurs when the accommodation provider is prevented from fulfilling the contract by circumstances beyond his/her control (e.g. a decision of public authorities, war, strike, blockade, natural event, etc.), which the accommodation provider could not have foreseen or which he/she could not have prevented even if he/she had made all reasonable efforts. In such a case, the guest has the right to reject the proposal to change the contract within a specified period of time. In case of refusal of the proposal by the guest, the accommodation provider has the right to withdraw from the contract. In this case, the accommodation provider is not obliged to reimburse the guest for damages incurred due to force majeure.
  3. PRICE OF ACCOMMODATION AND SERVICES, FEES
    3.1. Prices for accommodation are adjusted by the current price list.
    3.2. The room rate includes a sojourn tax and other services.
    3.3. The rate of the sojourn tax is set by a generally binding decree of the respective municipality and is included in the price of accommodation.
    3.4. The price for accommodation includes the use of all cottage equipment, kitchen and appliances, bedding, water and electricity consumption, Wi-Fi, the possibility of using the outdoor communal seating area in the garden, final cleaning.
    3.5. The payment is deemed to be paid when it is credited to the Provider’s bank account indicated on the tax document (invoice), unless otherwise agreed.
  4. REGISTRATION AND ARRIVAL OF THE GUEST
    4.1. The accommodation provider is only entitled to accommodate guests who have a valid reservation and who have duly registered with the accommodation provider.
    4.2. Guests are required to present proper and valid identification for registration purposes upon arrival at the latest. An identity card or passport is considered to be proper proof of identity. A valid identity document is one that does not expire before the end of your stay.
    4.3. If the guest fails to present a proper and valid identity document, the accommodation provider is entitled to refuse the guest accommodation with the effects of an obstacle on the part of the guest (cancellation).
    4.4. On the basis of a confirmed order and proper registration, the accommodation provider is obliged to accommodate the guest on the agreed date of the start of accommodation between 14:00 and 18:00 (hereinafter referred to as “accommodation time”). During this period, the accommodation is reserved for the guest unless otherwise specified in writing between the accommodation provider and the client.
    4.5. Guests without a confirmed reservation and guests arriving after 18:00 are not obliged to be accommodated. Accommodation and registration in this case takes place on the next day at the time for accommodation, or at another time by telephone agreement, but with the effects of an obstacle on the part of the guest from the originally agreed date of accommodation, unless otherwise specified.
    4.6. The landlord will hand over the cottage to the guest in a condition suitable for proper use, including the facilities, equipment and accessories. The guest is obliged to check the condition and quantity, and from the moment of acceptance until the return handover is liable for damage to the goods received. Transient malfunction, defects or wear and tear of the equipment that do not prevent the performance of the accommodation do not give rise to the guest’s rights to rights of defective performance.
    4.7. In exceptional cases, the accommodation provider is entitled to offer the guest a different accommodation than the one ordered. However, this accommodation must not be substantially different from that originally confirmed.
  5. STAY
    5.1. The guest is entitled to park the vehicle in the accommodation facility only in a designated place as instructed by the accommodation provider. The property does not provide secure parking.
    5.2. The guest is entitled to use the common areas for the duration of the agreed use of the service of the proper contractual relationship, or from the moment of proper registration until the moment when he is obliged to check out.
    5.3. The maximum number of persons accommodated in the cottage is the number of beds, except for children under 3 years of age without a bed. If the guest allows more than one person to use the cottage, the accommodation provider is entitled to cancel the guest’s stay in accordance with the conditions for cancellation of the stay as an obstacle on the part of the guest.
    5.4. The guest is not allowed to bring or allow animals into the accommodation facility unless the accommodation provider was informed of this at the beginning of the activation of the reservation.
    5.5. Each guest is obliged to behave in such a way that his/her behaviour does not unduly disturb his/her surroundings at any time of the day. In addition, he is obliged to observe the nightly quiet time from 22:00 to 6:00.
    5.7. If a guest under the influence of alcohol or intoxicating substances does not guarantee compliance with the accommodation conditions, he/she may be denied entry to the accommodation facility, or may be expelled from the facility until he/she is able to comply with these conditions again, without compensation. Repeat of this situation is grounds for immediate withdrawal of the accommodation provider from the contract.
    5.8. Only the accommodation provider’s staff and duly registered guests are allowed in the accommodation facility without further admission. Guests can only receive visitors with the consent of the accommodation provider between 8:00 and 20:00. Visiting guests are not permitted to use the accommodation facilities or equipment. The guest is responsible for the actions of their visitor and must ensure that they are made aware of the accommodation conditions.
    5.9. The Guest is obliged to notify the Host of defects, malfunctions and damage to the apartment or other equipment immediately after they have been caused or detected.
    5.10. It is forbidden to hold parties, bring bicycles and scooters into the accommodation.
    5.11. In case of illness or injury, guests are responsible for their own medical assistance. The contact number for the Rescue Service is : 155 . Guests can use the handy first-aid kit in the cottage. The exception is when the accommodation provider is directly responsible for the illness or injury of the guest.
    5.12. Smoking is prohibited in all indoor areas of the cottage, including electronic or similar cigarettes. The cottage is guarded by a security system. In the event of non-compliance, the accommodation provider will charge CZK 10,000. Guests smoke only in designated areas (in front of the entrance).
    5.13. In case of loss of the key, the guest is obliged to report the loss immediately. In case of failure to do so, the accommodation provider will not be liable for any damages related to the loss of the key. The guest will be charged a fee of CZK 2,000 for a lost key.
    5.14. Guests are not allowed to move any furniture or equipment or make any interference with the electrical network or equipment in the room or garden. For safety reasons, guests are only allowed to use certified electrical appliances that are used for their personal hygiene (especially hair dryers, shavers) and laptops, tablets or similar small electrical appliances.
    5.15. Guests are entitled to free wireless internet access via Wi-Fi, both in all areas and in the garden. The property is not responsible for the security of the connection.
    5.16. Guests must secure the cottage when leaving, in particular turning off taps, ensuring appliances are switched off, closing windows, closing and locking doors.
  6. SAFETY AND LIABILITY FOR DAMAGES
    6.1. The guest or other persons are liable for any damage caused by them, unless they can prove that they did not cause it. This entitlement also applies to damage that is discovered after the guest has left.
    6.2. The guest is obliged to take personal care of his/her property, especially against loss, theft or destruction, and is not entitled to transfer this responsibility to the accommodation provider. The guest is not allowed to bring things into the accommodation facility that are not directly related to the performance of the short-term accommodation stay. The accommodation provider shall not be liable for any loss or damage to items brought in this way.
    6.3. It is forbidden to carry, keep or use weapons in the entire accommodation.
    6.4. For safety reasons, guests who are children under the age of 12 must not be left in the property or garden without adult supervision. Any damage caused by children is the full responsibility of their legal guardian or the person who has temporarily undertaken such supervision.
    6.5. The accommodation provider is not liable for damage to items left or brought in. The accommodation provider is not responsible for other left or forgotten belongings of guests. The accommodation provider is not responsible for damage to health or property caused by the guest to himself, the operator or a third party.
    6.6. If the guest violates the accommodation conditions, the accommodation provider has the right to terminate the guest’s stay before the originally agreed departure date.
    6.7. If a guest has any legitimate requests or complaints during the stay, he/she may contact the relevant staff who will make every effort to accommodate the guest’s request.
  7. CHECK-OUT AND DEPARTURE OF THE GUEST
    7.1. The guest uses the accommodation facility for the duration of the agreed use of the service of the proper contractual relationship, or from the moment of proper registration until the moment when he is obliged to check out.
    7.2. Unless otherwise agreed in writing with the accommodation provider, the guest must properly check out no later than 10:00 a.m. on the last day of the agreed stay (hereinafter referred to as the “check-out period”) and must vacate and hand over the accommodation facility at the same time. If the accommodation provider fails to do so, the accommodation provider is entitled to charge the guest a contractual penalty for failure to vacate the accommodation facility in the amount of 1.25 of the value of the accommodation price according to the current price list for each day commenced, as well as compensation for damages. Payment of the penalty does not entitle the guest to continue using the accommodation.
    7.3. The guest is obliged to return the cottage to the accommodation provider in the same condition as received, including all equipment and facilities, taking into account normal wear and tear. If the accommodation provider discovers any damage after the guest’s accommodation has ended, the guest is obliged to compensate the accommodation provider in full for this damage, at the latest when settling the bill, otherwise as agreed. The guest is liable for damages caused by third parties whom he/she has knowingly or negligently (e.g. by leaving the keys unattended) allowed to enter the accommodation facility.
    7.4. When checking out of the cottage, the guest will hand over the cottage and keys to the person in charge (the manager) and report any damages and defects to the manager at the latest.
  8. CANCELLATION – OBSTACLES ON THE PART OF THE ACCOMMODATION PROVIDER OR GUEST
    8.1. Cancellation always means cancellation, postponement or modification of a confirmed order.
    8.2. The client is obliged to cancel only in writing (or by e-mail) with the person with whom the terms of the contract were negotiated.
    8.3. If the Customer cancels the services ordered and confirmed, the Customer is obliged to pay the Provider cancellation fees according to the price conditions of the reservation; the cancellation fees will be calculated from the price for the cancelled services as follows:
    -cancellation 2 months before arrival is free and we refund 100%
    -cancellation 1 month before arrival we refund 50%
    -cancellation less than 1 month before arrival we do not refund anything
    8.4. Obstacles on the guest side. The property is entitled to charge 100% of the price of the stay.
    8.5. Obstacles on the accommodation provider’s side – force majeure
    If the accommodation provider is unable to comply with the contract in whole or in part due to force majeure, it shall immediately notify the guest of this fact and submit a proposal to amend the contract. Force majeure occurs when the accommodation provider is prevented from fulfilling the contract by circumstances beyond his/her control (e.g. a decision of public authorities, war, strike, blockade, natural event, etc.), which the accommodation provider could not have foreseen or which he/she could not have prevented even if he/she had made all reasonable efforts. In such a case, the guest has the right to reject the proposal to change the contract within a specified period of time. In case of refusal of the proposal by the guest, the accommodation provider has the right to withdraw from the contract. The guest is entitled to a refund of the amounts paid to the accommodation provider until the time of withdrawal. In this case, the accommodation provider is not obliged to reimburse the guest for damages incurred due to force majeure.
  9. COMPLAINT CONDITIONS, rights from defective performance of the stay.
    9.1. Upon arrival, the guest is obliged to familiarize himself with the area reserved for accommodation and without undue delay, but no later than 1 hour after taking over the accommodation, to notify the accommodation provider of any defect by marking the defect or by notifying how the defect manifests itself. Thus, the claim is made on the spot, which allows it to be handled and the defect, if any, to be rectified immediately, while the time lag makes it more difficult to be conclusive and objective in the assessment and thus to properly handle the claim. The guest can make a complaint either verbally or in writing to the accommodation provider.
    9.2. Rights arising from liability for defects in the accommodation services provided under the accommodation contract shall lapse if they have not been exercised by the end of the stay, unless a different time limit is provided for their exercise by law.
    9.3.The guest is obliged to justify his/her claim and, if possible, to substantiate it with evidence of the facts, and at the same time he/she is obliged to present a proof of the service provided, a copy of the order, invoice, etc., or the item whose defect is being claimed.
    9.4. If the guest claims a right of liability for defects in the services provided or already provided to him/her, the accommodation provider (or an authorised person) is obliged to decide on the claim immediately after the necessary examination of the factual and legal circumstances, in complex cases without undue delay. The claim must be settled within 30 days of the claim, unless a longer period is agreed with the customer. The time required for a professional assessment of the defect is not included.
    9.5. The guest is obliged to provide the cooperation necessary to settle the complaint, in particular to provide information, submit documents proving the facts, specify his/her requirements as to the reason and amount, etc. If the nature of the matter so requires, the guest must allow access to the area rented for accommodation in order to verify the validity of the complaint and to allow for redress.
    9.6. In cases where the complaint is judged to be wholly or partially justified, the settlement of the complaint consists in the free removal of the defect in the service or, where possible, in the provision of a replacement service. Otherwise, the accommodation provider will provide a reasonable discount on the price of the defective service. This is without prejudice to the guest’s right to withdraw from the contract in cases provided for by law or in cases expressly agreed with the accommodation provider, but the guest must reimburse the accommodation provider for the costs reasonably incurred and any other damages incurred by the guest if he or she could not have prevented them.
    9.7. In particular, temporary non-functioning, defects or wear and tear of the accommodation or related services that do not prevent normal use are not defects. The guest is not entitled to claim rights from defective performance of goods or services provided free of charge.
  10. INFORMATION FOR CONSUMERS
    10.1 The accommodation provider provides the following information to the guests in accordance with § 1811 and § 1820 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”):
    a) Identity and contact details of the accommodation provider: David Rakoncaj, IČO:19733780, with registered office at Studánka 100, 352 01 Hranice, registered in the Commercial Register kept at the Aš Municipal Office,
    (b) the main business of the accommodation provider: the provision of accommodation services,
    (c) service designation: the accommodation provider provides accommodation and accommodation-related services to the guests on the basis of the conditions specified in the booking confirmation,
    (d) the cost of the means of distance communication: the cost of the means of distance communication shall be determined by the bodies providing the means of distance communication services and shall not differ from the basic rate;
    (e) an indication of the existence, method and conditions of out-of-court settlement of consumer complaints, including whether recourse may be made to a supervisory authority: a guest in the position of a consumer shall have the right to submit a proposal for out-of-court settlement of such a dispute to a designated consumer dispute resolution body. In the event that a consumer dispute arising from the accommodation contract arises between the accommodation provider and a guest in the position of a consumer, which cannot be resolved by mutual agreement, the consumer may file a motion for out-of-court settlement.
    f) in accordance with the provisions of Section 1837 (j) of the Civil Code, guests staying at the accommodation as consumers do not have the right to withdraw from the accommodation contract if the accommodation provider provides the performance within the specified period;
    (g) the name of the Member State or Member States of the European Union whose legislation will govern the relationship between the guest and the accommodation provider based on the booking confirmation: the Czech Republic;
    h) information about the language in which the accommodated guest will communicate with the accommodation provider during the stay and in which the accommodation provider will provide the accommodated guests with contractual conditions and other information: the Czech language.
  11. DATA PROTECTION
    11.1. The guest and any visitors acknowledge that the accommodation facility, in particular the common areas and parking lot, are monitored by a camera system with recording. By agreeing to the accommodation service, the guest indicates that he/she is aware of this fact and hereby gives his/her consent to the making of such a recording, which may capture his/her private life for the purposes of ensuring the proper operation and running of the accommodation service, or for the needs of the Police of the Czech Republic, damage reports, insurance companies, etc. Records are kept secure in accordance with the guidelines on processing activities.
    11.2. The accommodation provider is the controller of the guest’s personal data within the meaning of Art. 4 para. 7 of 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 96/46/EC (hereinafter referred to as the “Regulation”) and undertakes to comply with the Regulation when managing the guest’s personal data. The accommodation provider of the guest within the meaning of Art. 13 of the Regulation informs about the processing of the guest’s personal data before booking the accommodation (before concluding the accommodation contract). All personal data of the guest, the processing and transfer of which requires consent in accordance with the Regulation, is processed by the accommodation provider only on the basis of this consent.
  12. FINAL PROVISIONS
    These accommodation conditions are governed by the law of the Czech Republic, in particular the Civil Code.
  13. THE EFFECTIVENESS OF THE CONDITIONS
    These accommodation conditions come into force on 23.11. 2023