Terms and Conditions

Article I.

Contractual relationship

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 Mike.M Property s.r.o., Kaprova 42/14, Staré Město, 110 00 Prague 1, maintained by the Municipal Court in Prague (file ref. code: C 355617) (hereinafter referred to as the 'accommodation provider'). The contractual relationship between the accommodation provider and the client is governed by the relevant accommodation contract concluded between the accommodation provider and the client and these GTC. If a provision is not expressly provided for, the relevant provisions of the Civil Code shall apply. The provisions of these GTC take precedence over the individual arrangements contained in the accommodation contract or the written confirmation of the reservation by the accommodation provider and/or their annexes. The accommodation provider reserves the right to include in its offers and/or advertising materials other terms and conditions that take precedence over these GTC.

Article II.

Reservation procedure and conclusion of the accommodation contract

2.1 The accommodation provider offers accommodation and other related services to clients on a non-binding basis through its www.resort-d9.cz website, through approved intermediaries and through the accommodation provider's advertising materials (hereinafter referred to as the 'offer'). The information contained in the offer is for information purposes only. This indicative offer is not an offer within the meaning of Section 1731 or Section 1732 of the Civil Code, nor is it a public promise under Section 1733 of the Civil Code. This indicative offer does not entitle the client to conclude an accommodation contract. The offer is valid for the period and under the conditions stated therein, while the accommodation provider reserves the right to unilaterally change or specify the specific conditions of the offer before the conclusion of the accommodation contract.

2.2 The client sends a request for accommodation and services (hereinafter referred to as the 'Order') to the accommodation provider via the electronic reservation form located on the accommodation provider's www.resort-d9.cz website, by telephone at 725 958 140 or by sending the reservation form by e-mail or other means. By sending the Order to the accommodation provider, the client confirms that they have fully read these GTC and accept them as conditions and an integral part of the accommodation contract. The client is obliged to complete the Reservation Form data (including any VAT number and tax number) truthfully, while further or other changes after its submission via the Reservation Form are only possible with the consent of the accommodation provider].  The accommodation provider reserves the unlimited right to refuse an Order, even without giving a reason.

2. 3 Upon receipt of the client's Order, the accommodation provider shall verify the capacity and other conditions and shall send the client a written confirmation of the acceptance of the Order by e-mail, specifying the specific terms of the accommodation provider's binding offer, including a binding calculation of the price of accommodation and services, payment terms and payment instructions with these details: the identification and contact details of the accommodation provider, the identification and contact details of the client, the arrival date, the departure date, the number of nights, the type of accommodation, the number, names and ages of accommodated persons, and the instructions for payment of the total price, cancellation insurance (if agreed), the amount of the refundable deposit according to the accommodation regulations (hereinafter referred to as the 'Reservation').

2.4 In the case of acceptance of the Reservation received by the accommodation provider, the client is obliged to pay 30% of the price in the manner and under the payment conditions specified in the Reservation.

2.4.1 Confirmation of reservation

At the moment of confirmation, the reservation of accommodation and services becomes guaranteed by the accommodation provider and the accommodation provider sends the client a binding e-mail confirmation of the reservation of accommodation and services specified in the Reservation ('Reservation Confirmation'). Upon delivery of the Reservation Confirmation to the client, the accommodation provider undertakes to provide accommodation and services to the client within the scope and under the conditions specified in the Reservation Confirmation.

2.5 In the event of any typographical or calculation errors (in particular, apparently inappropriate pricing of accommodation and/or services) or other incorrect data or other discrepancies in the Offer, Order, Reservation and/or Reservation Confirmation, the accommodation provider reserves the right to correct such errors or other discrepancies by itself or at the written request of the client.

Article III.

Payment terms

3.1 The accommodation provider has the right to require the client to pay the total price of the accommodation and services specified in the Reservation before they are provided, or to pay a deposit if this follows from these GTC or the Reservation.

3.2 The payment terms and due date of the total price vary depending on the time before the client arrives at the accommodation. Within 3 days after the reservation is completed, the client is obliged to pay 30% of the total price of accommodation and services.

3.2 The total price of accommodation and services is paid, unless otherwise stated in these GTC or in the Reservation, usually by wire transfer to the accommodation provider's account specified in the payment instructions. The payment is understood as the crediting of the relevant amount to the bank account of the accommodation provider on the last day of the period at the latest.

3.3 Failure by the client to meet the deadline for payment of the total price or part thereof entitles the accommodation provider to withdraw from the contract and the client is obliged to pay the accommodation provider the costs associated with this (cancellation fees), the calculation of which is governed by the conditions set out in Article VI of these GTC. Failure to meet the deadline for payment of the deposit in accordance with the terms of payment of the Reservation means that the accommodation contract is not concluded and the client and the accommodation provider have no claims against each other.

Article IV.

Price

4.1 The accommodation price is the price stated in the Reservation as the price of accommodation for the relevant room for the number of persons stated in the Reservation. The services price is the price stated in the Reservation as the price of the services ordered. Total price of accommodation and services means the price stated in the Reservation as the total price with any discounts granted, including taxes.

4.2 The accommodation provider is not entitled to unilaterally increase the total price during the period of validity of the Reservation, except in the following cases:

  • if there is a change in the Reservation (e.g. change of room type, number of persons, etc.),
  • if the client does not prove that the conditions for granting the claimed discount are met,
  • if there is a change in the legislation or in the rates of value added tax, 
  • when the period from the sending of the Reservation to the arrival at the accommodation exceeds three months and during this period there is an increase in the prices of accommodation and/or services of the accommodation provider. However, if this increase in the total price exceeds 15% of the total price stated in the Reservation, the client is entitled to withdraw from the contract within 15 days of the notification of the price increase.

4.3 The prices of accommodation and services of the accommodation provider are set and their payment is made in the legal monetary unit of the Czech Republic, the Czech crown (CZK). Upon agreement between the accommodation provider and the client, the price of accommodation and services can be set and paid in EUR. The fixed EUR exchange rate set by the accommodation provider is used to convert the price of accommodation and services in CZK to EUR. In the case of an order for accommodation and services, the client and the accommodation provider are bound by the price of accommodation and services set in EUR in the amount indicated in the calculation in the Reservation. In the case of payment of the used service to the accommodation provider directly at the reception of the accommodation provider, the price listed in the price list of the accommodation provider in CZK after conversion at the fixed EUR rate set by the accommodation provider for the day of using the service is binding.

Article V.

Changes in the Reservation

5.1 In the event that circumstances that prevent the accommodation provider from providing the accommodation and/or service to the client according to the Reservation arise, and if it is possible, due to the situation, to provide the client with other accommodation and/or an alternative service in the scope and quality identical or at least close to the originally ordered accommodation and/or service, or to provide the same accommodation and/or service on an alternative date, the accommodation provider is entitled and obliged to make the corresponding changes. In this 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 is entitled to cancel the service in the event of disagreement with such a notified change, and to withdraw from the contract if the change concerns accommodation. The accommodation provider is then obliged to refund the client without undue delay after such cancellation of the service the benefits attributable to the cancelled service and, in the event of cancellation of the entire contract, to refund to the client all benefits paid in connection with the contract. Transactions returned under this paragraph are not subject to the provisions of these GTC on the cancellation fee.

If the client does not cancel the use of the service without undue delay after being notified of such a change in the use of the service or, in the case of accommodation, does not withdraw from the contract within 5 days of being notified of such a change, the client shall be deemed to have accepted such change.

5.2 In the event of the impossibility to provide the client with the ordered and paid service in the scope and quality corresponding to the agreed conditions, the accommodation provider is obliged to return to the client the performance paid by the client for such service. However, in the event that the accommodation provider upon consent provides the client with an alternative service of the same or higher scope and/or quality, the accommodation provider shall be deemed to have provided 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 case the client has booked a single room or a smaller apartment and has received a Reservation, the client will be charged the price according to the Reservation even if a larger room or apartment is provided.

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 foreseeable efforts.

Article VI.

Cancellation or non-use of reservation and cancellation fee

6.1 The parties agree that the client has the right to terminate the accommodation contract at any time prior to arrival without notice or to withdraw due to a material breach of the accommodation provider's obligations. The parties further agree that in the event that the client does not exercise the right to withdraw from the contract, which is granted by law or the contract under certain conditions due to a material breach of the obligations of the accommodation provider, or in the event of termination or withdrawal from the contract by the accommodation provider due to a breach of the client's obligations, the client is obliged to pay the accommodation provider a cancellation fee.

6.2 The amount of the cancellation fee is agreed depending on the time remaining from the date of receipt of an effective notice by either party or withdrawal from the contract by the accommodation provider to the date of arrival at the accommodation, as specified in the Reservation. The cancellation fee is calculated as a percentage of the total price stated in the Reservation. Upon such termination or withdrawal:

  • there is no cancellation fee more than 30 days before arrival
  • more than 7 days before arrival, the cancellation fee is 15% of the total price
  • on the day before or after check-in, the cancellation fee is 100 % of the total price of the stay

6.3 Both the notice and the withdrawal must be in writing and must be delivered to the other party. The accommodation contract is cancelled on the date on which written notice or withdrawal is delivered to the other party.

6.4 In determining the number of days remaining until the date of arrival at the accommodation for the purpose of calculating the amount of the cancellation fee, the date of delivery of the written notice or withdrawal to the other party shall be included in this number of days, but the date of arrival at the accommodation shall not be included.

6.5 In the event that the client fails to arrive at the accommodation on the day of arrival and/or fails to use the booked number of days of accommodation and/or the booked services according to the Reservation without the 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 total price of accommodation and services specified in the Reservation.

6.6 In the event that the client fails to arrive to use the accommodation and services, the accommodation provider is entitled to cancel the client's Reservation by 6 p.m. on the day of arrival at the accommodation specified in the Reservation, whereby the client loses the right to the provision of accommodation and services according to the Reservation with the consequences according to paragraph 6.5 of these GTC and the accommodation provider is entitled to provide accommodation and/or services to another client of the accommodation provider.

6.7 After the effective termination or withdrawal from the contract, the accommodation provider is obliged to return to the client all the benefits received from them, after deduction of the cancellation fee or other benefits under the contract, if the total amount of benefits paid by the client in accordance with these GTC has not been exhausted, within 14 days from the delivery of the termination or withdrawal from the contract. In the event that the performance received from the client, or if the client had arranged cancellation fee insurance, the performance by the Insurer is insufficient to cover the cancellation fee or other performance under the contract, the client is obliged to transfer the amount due to the bank account of the accommodation provider without undue delay after the effective termination of the contract.

6.8 The accommodation provider is entitled to withdraw from the contract in cases where the client substantially breaches the obligations set out in the contract, these GTC and/or the laws of the Czech Republic. The accommodation provider is entitled to terminate the contract without notice before the expiry of the agreed period in the event that the client and/or persons accompanying them, despite a warning, grossly violate their obligations under the contract, these GTC, accommodation or other operating rules of the accommodation provider or the laws of the Czech Republic or good morals. In the event of such cancellation or termination by the accommodation provider, the client is obliged to pay the accommodation provider a cancellation fee in the amount specified in these GTC.

6.9 The cancellation or termination of the contract does not affect the right of the accommodation provider to pay the total price stated in the Reservation, possibly a cancellation fee, the rights of the contracting parties to compensation for damages arising from the breach of a contractual obligation or arrangements that, due to their nature, are intended to bind the parties even after the termination of the contract.

Article VII.

Client's rights and obligations

7.1 The basic rights of the client are in particular:

  • the right to the provision of the ordered and paid accommodation and services to the extent and under the terms of the Reservation.
  • the right to information about the accommodation and services offered and provided by the accommodation provider.
  • the right to terminate the contract at any time without notice or to withdraw from the contract due to a material breach of the accommodation provider's obligations or to cancel the use of the ordered service under the conditions specified in these GTC, the contract or the legal regulations of the Czech Republic.
  • the right to notify the accommodation provider in writing that another person will take part in the accommodation and/or services specified in the Reservation in their place, provided that such notification includes a statement by this person (new client) that they agree to the accommodation, services and their price specified in the Reservation and that they meets all the conditions for participation in the accommodation and services, if required. The original and the new client are jointly and severally liable for payment of the total price stated in the Reservation and any administrative or other costs incurred by the accommodation provider in connection with the change of client. The original client has no right to any payment or other compensation against the accommodation provider.
  • the right to complain about faulty or poor quality accommodation or services and their settlement in accordance with these GTC.
  • the right to protection of personal data and other data relating to the client and accompanying persons.

7.2 The basic obligations of the client are in particular:

  • the obligation to fill in the Order completely and truthfully, any attached forms necessary for the provision of accommodation and services, and to present the necessary documents for the identification of the client and travel companions (valid ID card, valid passport) upon arrival at the accommodation and, if necessary, without undue delay, to notify any changes to these data.
  • the obligation to notify the accommodation provider of possible foreign nationals using the accommodation.
  • the obligation to report to the accommodation provider a change in the number of persons using the room and, in case of the accommodation provider's consent to this change, to enter them in the book of accommodated persons at the reception of the accommodation provider and to pay the accommodation price for such persons not listed in the Reservation according to the accommodation provider's price list. In the event of exceeding the maximum number of persons allowed for a given room and/or violation of the obligation to report persons using the property not listed in the Reservation, the accommodation provider is entitled to withdraw from the contract for material breach of the contract and to evict the client, persons accompanying them and other persons from the accommodation or use of services, thereby forfeiting the right to the provision of accommodation and/or services listed in the Reservation, as well as the right to reimbursement of paid and unused accommodation and/or services.
  • the obligation to pay the total price of accommodation and services to the accommodation provider in accordance with the payment terms specified in the Reservation and in accordance with these GTC and to prove payment upon the request of the accommodation provider.
  • the obligation to pay the cancellation fee to the accommodation provider in the cases specified in these GTC.
  • the obligation to take the documents necessary for the accommodation and services from the accommodation provider.
  • the obligation to arrive at the place of accommodation and/or services at the time specified.
  • the obligation to follow the instructions of the accommodation provider's employees, accommodation and other operating rules issued by the accommodation provider for the use and provision of accommodation and services in Resort d9. In the event that the client or persons accompanying them, despite a warning, grossly violate the obligations arising from the contract, these GTC or the regulations (rules) of the accommodation provider, legal regulations or good manners or interfere with the programme or the use of accommodation and services of other clients of the accommodation provider, the accommodation provider is entitled to expel the client and persons accompanying them from the accommodation or use of services (terminate the contract without notice), whereby the client loses the right to the provision of the accommodation and/or services specified in the Reservation, as well as the right to compensation for the paid and unused accommodation and/or services.
  • the obligation of the client and persons accompanying the client to behave in such a way that their behaviour does not interfere with or restrict the use of the accommodation and/or services of other clients of the accommodation provider.
  • the obligation to pay for any damage to the property of the accommodation provider caused by them and/or persons accompanying them or other persons to whom they have culpably allowed access to the property of the accommodation provider.
  • the client's obligation to pay the accommodation provider the difference in price after the discount stated in the Reservation in case the client fails to prove to the accommodation provider upon arrival at the accommodation and/or before the commencement of the services that the conditions for the discount on the accommodation and/or services have been met.
  • the client (whether as a natural person or a legal entity) is responsible for compliance with the obligations arising from the contract, these GTC, the accommodation and operating rules of the accommodation provider and the legal regulations of the Czech Republic by the natural persons mentioned in the Reservation Confirmation and/or accompanying them.

7.3 More detailed regulations of rights and obligations are contained in the accommodation and other operating rules of individual centres, which are publicly available to clients in individual centres.

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 Reservation. The accommodation provider undertakes to determine the circumstances of the complaint without undue delay and, in the event of a justified complaint, to ensure the rectification of the defective condition or to provide the client with a discount. The client is obliged to file a complaint in writing with the accommodation provider without undue delay after discovering the defective provision.  The complaint must specify what it concerns. Later claims will not be taken into account.

8.2 Information on out-of-court dispute resolution - The entity responsible 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 Sb., on consumer protection, as amended, the Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID No. 00020869, web 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 from 4 p.m. on the day specified in the Reservation as the first day of accommodation. The client is obliged to vacate the accommodation on the last day of accommodation specified in the Reservation by no later than 10 a.m. In the event of a delay in vacating the accommodation, the accommodation provider is entitled to charge the client a contractual penalty of CZK 500 (five hundred Czech crowns) for each hour of delay.

9.2 If the accommodation provider reasonably suspects that the client is using the property in violation of the terms of the Reservation 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 property and inspect its use.

9.3 The accommodation provider is not liable for damages caused to the functionality of the client's electrical or electronic equipment, as well as for any errors or incorrect information about the events or services provided by other persons.

9.4 No parking area of Resort d9 is a secure parking lot, nor does the accommodation provider provide any supervision of parked client vehicles and/or their accessories.

9.5 By ticking the box 'I agree to receive commercial messages by electronic means and to the processing of personal data for these purposes' in the reservation form located on the www.resort-d9.cz website (hereinafter referred to as the 'Reservation Form') and by submitting it (or, if the Order is not made via the www.resort-d9.cz website, then by another explicit and demonstrable manifestation of their will) the client:

 (i) confirms that all personal data provided in the Reservation Form (or other demonstrable expression of their will containing the required information, unless the Order is made via the www.resort-d9.cz website) is true and correct, that they have been informed of their rights related to the management and processing of their personal data, in particular that they have the rights available on the www.resort-d9.cz website,

(ii) consents on the basis of prior instruction:

the processing of their personal data beyond the scope of lawful processing of personal data pursuant 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).

The client's rights under 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) are set out here.

Article X.

Final provisions

10.1 These GTC, within the meaning of Section 1751 et seq. of the Civil Code, regulate the procedure for concluding, form the content of and are 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 by letter, fax or e-mail.

10.3 These GTC may be amended and changed in full and without limitation by the accommodation provider in electronic form. In the event that such a change occurs, the new version of the GTC will be placed on the accommodation provider's www.resort-d9.cz website and sent to the client with whom the Reservation process is being carried out. A change to these GTC shall become effective upon publication or delivery of the text to the Client. In the event of the client's disagreement with the published change to the GTC, the client is obliged to notify the accommodation provider of such disagreement in writing within two days of the delivery of the change to the GTC. The relationship between the client and the accommodation provider and the resulting mutual rights, obligations and conditions are governed by the GTC that were sent to the client together with the Reservation.

10.4 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.

10.5 In other matters not covered by these GTC, the client and the accommodation provider undertake to comply with the laws of the Czech Republic, good manners and customs in the field of accommodation services and to preferably resolve any disputes amicably.

10.6 These GTC shall take effect on 1 January 2024.