General Terms and Conditions
These General Terms and Conditions (hereinafter the “GTC”) govern the contractual relationship and specify the rights and duties by and between Hotel Nutrend World, Nutrend DS, a.s., Chválkovice 604, Olomouc CZ-77900, ID No.: 25853902, registered in the companies register maintained by the Regional Court in Ostrava, Section B, File 2307 (hereinafter the “Hotel”), and the service orderer, or a third party, as the case may be (hereinafter the “Client”), for the benefit of which the service is ordered or which utilises the service. All such contractual relationships shall be governed by legal regulations valid in the Czech Republic and by these General Terms and Conditions.
The Client shall only be entitled to make on-line reservations after becoming familiar with the GTC and giving assent to them. The Client shall be required to become familiar with the GTC each and every time, even in case of frequent, repeated reservations and purchases. The Hotel operator reserves the right to unilaterally alter or amend these GTC; the new GTC shall become effective on the date of their publication on the operator’s website. By confirming the reservation, the Client agrees to these GTC without reservation. The operator also demands that the Client refrain from using the on-line reservation system if they disagree with its conditions.
If a consumer is a contracting party, any and all relations not regulated by these GTC shall be governed by the Civil Code (Act No. 89/2012 Coll., as amended) and by the Consumer Protection Act (Act No. 634/1992 Coll., as amended).
Definitions and Interpretation
- The Service Provider or the Provider (Nutrend D.S., a.s.) – a person who, in concluding and performing the Contract, acts within the scope of its business or other entrepreneurial activity; it is an entrepreneur who directly provides services.
- The Service Orderer or the Orderer – (i) the Orderer can be a consumer, i.e. an entity who, in concluding and performing the contract, does not act within the scope of its business or other entrepreneurial activity; it is a natural or legal entity that uses the services for a purpose other than entrepreneurial activities with these services; (ii) the Orderer may also be an entrepreneur who uses the services for the purpose of their entrepreneurial activities with these services.
- The Service Recipient or the Recipient – either directly the Service Orderer, or a third party in favour of which the contract is concluded and which gives their consent to it, or a third party to which the Service Recipient assigns their rights and duties under the contract.
- Contract conclusion – the Orderer’s order shall be a contract proposal, while the contract proper shall be concluded upon the delivery to the Orderer of the Service Provider’s consent with this proposal (i.e. order acceptance by the Service Provider); henceforth, mutual rights and duties arise by and between the Provider and the Orderer; if the contract is concluded in favour of a third party, the third party shall become a beneficiary after giving consent to the contract; until the third party gives consent, the contract shall only cause effects by and between the concluding parties – until then, the right of performance shall only be vested to the party which reserves performance in favour of the third party (the same applies if the third party withholds their consent). Consent of the Service Recipient with these General Terms and Conditions shall be a consent given upon the request for reservation of a specific date for service provision. If the Recipient uses a gift certificate/voucher, it shall be deemed that the Service Recipient has given their consent with these General Terms and Conditions. The Provider shall not be responsible for any and all data transmission errors.
- The Services shall be any and all services provided by the Provider to the Orderer or to the Service Recipient under conditions specified in these General Terms and Conditions.
- The Voucher shall be a voucher certifying the entitlement of the Orderer or of the Service Recipient to utilise the service specified in detail directly in the voucher and on the website www.nutrendworld.cz under conditions specified in these General Terms and Conditions. The Voucher shall consequently be submitted to an authorised person in the place where the service is provided.
- The Reservation of tourist services shall mean ordering, purchase, payment, and reservation of tourist services.
The Services may be ordered through the Service Provider’s website, by telephone, in person (in Hotel Nutrend World), or by e-mail. The Order shall be the Orderer’s proposal to concluding a contract for the provision of the Services specified in the Order, under the conditions specified in the Order and in these GTC.
Use of the Services Ordered; Validity and Reservation
- During the on-line reservation process, the Client shall enter information about the duration of the stay into the reservation form and shall then be able to search for currently vacant accommodation facilities, including the prices.
Upon selecting the arrival and departure dates, type of room, and additional services, if any, the Client shall fill in other required information.
- After filling-in all required information, effecting the payment, and verification of the Client’s data, reservation confirmation with a unique reservation number shall be sent to the e-mail address entered by the Client. The reservation number shall serve as the indicator for making any changes to the reservation or for cancelling the reservation. The Client shall be required to store this number. The Client shall only be entitled to use the Service within the dates specified during the reservation.
- The Voucher may be used for using the Services specified in the Voucher. A more precise description of the Services can be found on the website www.nutrendworld.cz or by calling or e-mailing the reception desk of Hotel Nutrend World. A replacement of the Voucher (Services) shall only be possible after consultation with the reception desk head depending on the current availability of required Services. There is no automatic entitlement to the Services. The standard Voucher validity is 6 months from the date of purchase.
- After the expiry of the Voucher validity, the Service Recipient shall lose the entitlement for the provision of the Services and the Service Provider’s obligation shall cease upon the expiry of the validity. As a consequence, the Service Provider shall be entitled to a contractual penalty amounting to the price paid as a sanction for the Orderer’s breach of duty to use the Services under conditions specified in accordance with Article IV Paragraph 1 of these General Terms and Conditions.
- For the avoidance of doubt, the Service Provider explicitly declares that the terms and conditions of the contract concluded by and between the Service Provider and the Service Recipient do not contain the Service Provider’s obligation to exchange the Voucher for and equivalent in the form of money.
- The Voucher contains unique sensitive data necessary for using the specified Services, specifically, the unique Voucher number. The Orderer, or the Service Recipient, as the case may be, shall protect these unique sensitive data from an abuse by any third party. It is not possible for the Service Provider to verify whether the Services are used by an authorised person who has purchased or otherwise duly acquired the Voucher. If the Service Recipient discloses the unique sensitive data or makes them otherwise available to a third party that wrongfully makes advantage of them to use the Services, then the Service Recipient shall suffer the resulting consequences, i.e., in particular, the loss of possibility to use the Services. The Service Provider is not in a position to prevent this.
- The authorisation to use the Services may be transferred to a third party, while the transferor must inform the new beneficiary of the rights and duties arising out or in connection with the concluded contract.
- The reservation of date for the use of the specific Services must be agreed with the Service Provider, so that the Services are used by the end of the Voucher validity period, or by any other date specified in the Voucher, and the application for reservation must be submitted at least 2 weeks before the requested date of use of the Services. The deadline for submitting the application for reservation is a minimum deadline and it must, at all times, be assessed with respect to the nature of the Services, their seasonality, and current capacity.
- On the day of use of the Services, the Service Recipient shall sign documents relating to the use of the Services, specifically, the Declaration of Medical Fitness, in which the Service Recipient shall declare their medical fitness for the Services, i.e. corresponding massage.
Price and Payment Terms
- The price of the Services offered is always available on the Service Provider’s website. The price of the Services according to a particular contract concluded shall always be specified in the order and in the invoice. The price may only be paid by the Service Orderer using methods specified for the individual Services at nutrendworld.cz.
- The payment must be effected in Czech crowns. In the case of payment by bank transfer, the customer shall also pay any and all bank charges, so that the Service Provider receives the agreed price in full.
- Payment for the accommodation reserved by the Client shall be paid by the Client in full during the on-line reservation process, using a debit/credit card. For this reason, the debit/credit card number is required during the on-line reservation process. By confirming the reservation, the Client gives their consent to performing the payment for the reserved accommodation in full to the credit of the Hotel’s bank account, or the Client shall effect the payment themselves through the payment gateway. The total price of accommodation is immediately credited to the Hotel’s bank account.
- The Hotel respects ethical principles and the privacy of the Client. The reservation system utilises sensitive data encryption technology, thus guaranteeing the safety of data provided during the reservation and payment.
- The Client also gives the Hotel consent to verify information relating to the debit/credit card with the bank or company that issued the card.
- Costs of delivery of the gift package, determined depending on the selected method of transport as offered at nutrendworld.cz, shall be added to the price of the Services provided (see previous paragraph). Likewise, packing charges according to the current price list on the Service Provider’s website shall be added to the price of the Services.
Changes to, or Cancellation of, Reservation of Accommodation in Hotel Nutrend World
- Changes to the on-line reservation already performed by the Client may only be carried out on-line upon entering the Client’s e-mail address filled in during the on-line reservation process and the reservation number allocated and sent to the Client during the on-line reservation process. Changes can also be performed in writing, by telephone, or by e-mail through the Hotel’s reservation department by sending an e-mail to firstname.lastname@example.org, by calling +420 583 842 501, or by sending a letter to the following address: Nutrend World, Chválkovice 604, CZ-77900 Olomouc. Each reservation change must be identified by the Client’s reservation number.
- Should the Client require a change be made to the on-line reservation that cannot be met due to capacity or other operational reasons, the Hotel shall make all reasonable attempts to accommodate the Client’s requirement, but the Hotel shall not be under obligation to meet the Client’s requirement and the Client shall not be entitled to compensation for damages or any other performance by the Hotel caused by failure to make changes to the on-line reservation.
- Should the Client withdraw from the contract and cancel the reservation, the Hotel shall be entitled to a cancellation fee:
- In the case of a “refundable reservation”, the reservation can be cancelled free of charge at the latest 1 day (24 hours) before the date of arrival. If the reservation is changed or cancelled less than 1 day (24 hours) before the date of arrival, the Client shall be charged a cancellation fee of 100% of the total price.
- In the case of a “non-refundable reservation”, a cancellation fee of 100% of the total price shall be charged for any change to the reservation or in the case of the Client’s no-show on the date of arrival.
- In the case of the Client’s no-show for the reserved accommodation, the Hotel shall be entitled to a cancellation fee of 100% of the price of services ordered and confirmed.
- If the Client withdraws from the contract and cancels the reservation, or if the Client partially withdraws from the contract and partially cancels the reservation, or in the case of the Client’s no-show for the reserved accommodation in extraordinary cases (illness, death, etc.), the Hotel shall be entitled to waive any entitlement to the payment of the cancellation fee upon presentation by the Client of a credible proof of the serious cause of withdrawal.
- If the Client withdraws from the contract and cancels the reservation, or if the Client partially withdraws from the contract and partially cancels the reservation, or in the case of the Client’s no-show, the Hotel shall send a written notification to the Client’s e-mail address, advising the Client of enforcement by the Hotel of its entitlement to the cancellation fee under these GTC. Said notification shall be sent within 14 days of the date on which the Client withdrew from the contract and cancelled the reservation, partially withdrew from the contract or partially cancelled the reservation, or within 14 days of the date of commencement of accommodation in case of the Client’s no-show.
- By confirming the booking and giving assent to these GTC, the Client agrees and acknowledges that in case the Client withdraws from the contract and cancels the reservation, or in case the Client partially withdraws from the contract or partially cancels the reservation, or in the case of the Client’s no-show, the Hotel be entitled to unilaterally offset the Client’s claim for the return of the price of accommodation already paid upon the on-line reservation against the Hotel’s claim for the payment of the cancellation fee in the amount specified in these GTC. If the Client’s claim exceeds the Hotel’s claim against the Client, the excess sum shall be transferred to the Client’s bank account used by the Client to pay the price of accommodation during the on-line reservation process, within 30 working days after the date of the Client’s withdrawal from the contract and cancellation of the reservation, partial withdrawal from the contract or partial cancellation of the reservation, or the Client’s no-show. Bank charges relating to the return of the price of accommodation to the Client shall be paid by the Client.
Cancellation of reservation of the Services from the Voucher
By the Service Recipient
- The Service Recipient shall generally be entitled to cancel the reservation of the Services at the latest within 3 working days before the agreed date of the provision of the Services (by calling +420 583 842 501 or by sending an e-mail to email@example.com, during the Provider’s business hours specified on the website), and to negotiate a new date of provision within the Voucher validity. If the Service Recipient violates its contractual obligation according to the previous paragraph and the reservation is cancelled later than specified above, or in the case of the Client’s no-show for the Services, the Service Recipient shall be entitled to ask for a new reservation within the Voucher validity, but the Service Recipient shall be required to pay the Provider a contractual penalty equal in amount to the sum of costs incurred by the Service Provider, or by the supplier of the Services, as the case may be, in relation with the original reservation, but not more than the price of the Services originally ordered.
By the Service Provider
- The Provider shall be entitled to cancel the reservation of the Services at the latest 3 business days before the agreed date of the provision of the Services. In such a case, the Orderer shall be entitled to negotiating a new date of provision. If it is impossible in this situation to reserve the experience within the Voucher validity, the Service Provider shall extend the Voucher validity so that it is possible to reserve the earliest possible date.
- Reservation cancellation made by the Provider later than specified above shall entitle the Service Recipient to a compensation for damages directly associated with the reservation cancellation (for instance, efficiently incurred costs of transportation to the place of provision of the Services), but not more than the price of the Services ordered. In this case, the Service Recipient shall be entitled to negotiating a new date of provision within the Voucher validity, or the earliest possible date if a date within the Voucher validity is not available.
- If, however, the reservation is cancelled due to force majeure circumstances (such as, power outage, etc.), the Service Recipient shall be entitled to negotiating a new date of provision within the Voucher validity, or the earliest possible date if a date within the Voucher validity is not available, but shall not be entitled to a compensation for damages directly associated with the reservation cancellation.
Rights and Duties of the Contracting Parties
General Rights and Duties
- The Service Recipient shall be required to assess whether they are medically and physically fit to safely undergo the selected Services. The Service Recipient uses the selected Services entirely on their own responsibility.
- The Service Provider shall not bear any responsibility whatsoever for any damages caused as a result of nondisclosure of a medical problem or pregnancy when completing the Client’s informed consent form.
- The Service Recipient shall come to the place where the Services are to be provided at their own expenses and on the given date and time.
- The Service Recipient shall come to the place where the Services are to be provided with a Voucher for said Services (i.e., bearing a number identical to the Voucher number indicated in the binding reservation sent by e-mail) and submit the Voucher to the Services supplier at the site. Should the Service Recipient fail to submit the Voucher before providing the Services, the reservation shall be deemed late-cancelled/uncancelled by the Service Recipient, with consequences as specified in Article IV. Paragraph 6 Letter a) of these General Terms and Conditions; i.e., the consequences shall be equal to the Service Recipient’s no-show.
- If the Service Recipient is a person under the age of 15, the Orderer shall ensure said minor is accompanied and supervised by an adult, or ensure consent of a legal guardian for a person under the age of 18 if said minor cannot be accompanied by an adult.
- The Service Provider undertakes to ensure presence of a responsible person at the place where the Services are to be provided, who shall instruct the Service Recipient regarding any and all duties and conditions to be followed during the provision of the Services.
- The Service Recipient shall be responsible for any and all damages caused to the Service Provider when using the Services if such damages are due to a breach of instructions given by the responsible person before the provision of the Services or communicated through the Voucher.
- The Service Recipient shall be entitled to purchase and use additional services beyond the scope of the Services based on the Voucher, depending on their availability, but always upon direct agreement with the supplier of the Services. In such a case, the Service Recipient shall pay directly to the Service Provider the current price of these additional services valid on the date of use of the Services based on the Voucher. The Service Provider shall be under no obligation to provide any additional services beyond the scope of the Voucher.
- The Service Provider undertakes that the Services specified in the Voucher be provided to the Service Recipient in accordance with the concluded Contract, these GTC, and generally binding legislation.
- If the Service Provider fails to fulfil its duties under the Contract in a due and timely manner, the Service Recipient shall file a complaint with the Provider regarding any and all defects in the Services, without undue delay but at the latest within 14 calendar days after the completion of the provision of the Services. If the Services are not provided at all, the Service Recipient shall file a complaint with the Provider regarding the defects in the Services without undue delay but at the latest within 3 months after the date on which the Services should have been provided (or on which the provision thereof should have begun).
- The Customer shall file the complaint while specifying the number of reservation or Voucher and describing defects of the Services provided.
- The Service Provider shall settle the complaint without undue delay but at the latest within 30 days after its due filing. If the complaint is rejected, the Service Provider shall send the Customer written reasoning (for the purposes of the complaints procedure, written form shall also include e-mail communication).
- If the Service Provider fails to fulfil its obligation to provide the Orderer (Service Recipient) with the Voucher, the Orderer (Service Recipient) shall file a complaint with the Service Provider regarding this failure, without undue delay.
- If a legitimate complaint is filed in due manner, the Service Recipient shall be entitled to rectification of defects of the Services provided, and if this is impossible, the Service Recipient shall be entitled to a reasonable discount, compensation, or withdrawal from the Contract. If there are grounds for the withdrawal from the Contract on the part of the Service Provider, the Service Recipient shall be entitled to require return of the price already paid for the Services.
Withdrawal from the Contract
- The Orderer who is a consumer shall be entitled to withdraw from the Contract within 14 days from the acceptance of the performance if the Contract is concluded in a distance manner (i.e., via the internet, by e-mail, by telephone), without giving any reason and without any penalty. If the Orderer decides to exercise this right, the withdrawal from the Contract must be sent to the Service Provider by the 14th day after accepting the Voucher (gift package). However, the Orderer who is a consumer shall not be entitled to withdraw from the Contract in cases specified in stipulations of Section 1837 of the Civil Code (Act No. 89/2012 Coll. as amended). If the consumer withdraws from the Contract in accordance with this Article VII Paragraph 2 Letter b) of these GTC but despite this uses the experience based on data made available or allows a third party to use the experience, then the consumer shall compensate the Service Provider for damages caused.
- If the Supplier does not explicitly undertake to bear the costs of return of the goods, the costs of return of the goods shall be borne by the Consumer in the case of withdrawal from the Contract without giving any reason, including situations where the goods may be returned, due to their nature, by usual postal route.
- The Supplier shall return to the Consumer any and all sums of money accepted from the Consumer within 14 days after withdrawal from the Contract without giving any reason (but not before accepting the returned goods from the Consumer or before receiving a proof of sending the goods from the Consumer), including any costs of delivery of the goods in an amount of the cheapest method of delivery offered by the Supplier.
In case of any doubts or questions regarding the on-line reservation, the Client is encouraged to contact the Hotel’s reception desk by calling +420 583 842 501 and/or writing to the e-mail address firstname.lastname@example.org.
Should any provision of these GTC become null and void, all the remaining provisions of the GTC shall remain valid and in full force.
The trade terms and information on the processing of personal data are available at nutrendworld.cz.
This English version of the GTC is a translation of the original Czech version. In case of any discrepancy between the Czech and English versions of these GTC, the Czech version shall prevail.
These GTC shall come into force and effect on 1. 3. 2020.