General Terms and Conditions for Provision of Accommodation
The General Terms and Conditions for Provision of Accommodation (hereinafter referred to as the “Terms“) apply to contracts negotiated via the portal PALM ROYAL, placed on the website www.villapalmroyal.com (hereinafter referred to as the “website”) between
PALM ROYAL HOTEL MANAGEMENT CONSULTANTS (PROPRIETARY) LIMITED with registered office at Port Glaud, Seychelles, Corporate ID No: 8415223-2,
Delivery address: Port Glaud, Seychelles
Telephone number: +248 279 46 32
as the accommodation provider
and you as the guest
1. GENERAL PROVISIONS
By the accommodation contract, we undertake to provide short-term accommodation to you for a stipulated period, whereas you undertake to pay us a price for the accommodation and services associated with the accommodation (hereinafter referred to as the “price”). The price also includes any costs connected with the provision of accommodation and any fees relating to the chosen method of payment. You will be informed about the above mentioned costs prior sending the binding order.
1.1. Does the accommodation contract cover only the accommodation?
The accommodation contract (or only the “contract”) states also for any contract concluded under the Terms, i.e. it could also mean the contract on the provision of services.
1.2. Is the contract a consumer contract?
The contract is a consumer contract in case you are a consumer, i.e. if you are a natural person and your accommodation order is not connected to your business activities or your independent practice of your profession. Otherwise, the contract is not a consumer contract and you are not provided the consumer protection under the law and the Terms. Especially as a non-consumer you do not have a right to withdraw from a contract.
1.3. What rights do you have as a consumer?
As a consumer you have especially:
- the right to obtain information before entering into the contract (the information are provided in the Terms or on the website);
- the right for an alternative dispute resolution under the contract (article 6.3 of the Terms).
1.4. What governs our legal relationship?
Our legal relationship is governed by the following documents:
- the Terms, which define and specify our mutual rights and obligations;
- any conditions and instructions stipulated on the website, especially when concluding the contract;
- the order and its acceptance from our side;
- and in any matters not covered by the Terms by the following legislation:
- Act no. 89/2012 Coll., the Civil Code, as amended, (hereinafter referred to as the „Civil Code“);
- Act no. 634/1992 Coll., on Consumer Protection, as amended (only if you are a consumer).
Our registered office is situated in the Republic of Seychelles, however, our relationship is always governed by the Czech Law. In case you are a consumer and the legal order of your state of residency provides you with a higher level of consumer protection than the Czech legal order, the higher level of consumer protection applies to you.
1.5. How do you express your consent with the Terms?
You express the consent and the acquaintance with the Terms by sending an order and also by confirming the acknowledgement of the Terms on the website.
The Terms can be changed or amended. Your rights and duties are governed by the wording of the Terms effective at the time of their origination.
2. THE ACCOMMODATION CONTRACT
2.1. How do we conclude the accommodation contract?
On our website you can see a description of accommodation including the description of types of any services. On our website you can see the price including all taxes, customs duties and fees. Presentation of the accommodation is for your information only and it is not our offer for concluding an accommodation contract in the meaning of Section 1732 par. 2 of the Civil Code. For concluding the contract it is necessary that you send an order and that we accept such order.
2.2. How to submit an order?
You can always submit an order via our website (by filling a form), or by telephone, e-mail or by any other way currently allowed at our website.
The order has to contain all the information required by the form, especially accurate identification of the ordered accommodation and any services, chosen method of payment and your contact information.
Before sending a binding order, you will be given a summary of your order including the final price. Please note, that within summary you have the last chance to change the inserted information.
You are submitting the binding order by clicking the button „Book now“. We consider the data in the binding order as correct and complete. In case of any change, please, inform us without undue delay via email or telephone.
We will inform you when we obtain the order.
In case we will have doubts about the authenticity and seriousness of the order, we can contact you for the purpose of its verification. Unverified order can be refused. Such order is then considered as not submitted at all.
2.3. When is the contract concluded?
The accommodation contract is concluded as of the moment of the delivery of our acceptance of the order from us to you. The acceptance of the order will be sent to the email address provided by you in the order. Should it be the case you do not receive the acceptance, the contract is concluded as of the moment of payment of the total price for the accommodation and services associated with the accommodation. Acceptance of the order is a part of the information on obtaining the order under the article 2.2 of the Terms.
Information about the particular technical steps leading to a conclusion of the contract are available on our website.
2.4. Is it possible to cancel an already sent order?
You can cancel an order which has not been accepted by us yet (i.e. we have not sent you the acceptance of the order according to article 2.3 of the Terms yet) by telephone or via email. All orders accepted by us are binding. Later cancellation of the order is possible by an agreement with us only. If you cancel an accommodation order, we are entitled to claim the reimbursement of the costs already expended by us to that time.
2.5. Is it possible that the price showed on the website will be changed?
You will be informed about the binding price in a summary of your order. The concluded contract is not effected by any change of a price for the accommodation and services associated with the accommodation.
In case a wholly obvious technical error regarding the price occurred on the website or within the order process, we are not obliged to provide accommodation to you for this wholly obvious incorrect price, not even in the case you already received an acceptance of the order from us according to the Terms. In such a situation we reserve the right to withdraw from the contract.
If the price showed on the website or within the order process is not actual, we will inform you in such respect without undue delay. If you have not received an acceptance of your order yet, we are not obliged to conclude the contract.
Orders which have been already sent, are not effected by the change of the price which occurred within the period beginning by sending of the order and ending by its acceptance from us according to article 2.3 of the Terms.
2.6. In what languages is it possible to conclude the contract?
The contract is possible to conclude in the Czech language, unless we explicitly agree on any other language.
2.7. Is it possible to obtain the contract in a text form?
Contract is not concluded in writing form with the signatures of the contracting parties. The accommodation contract consists of the Terms, your order and its acceptance from us. The entire contract will be sent to you via email or upon your request printed via mail. In case of sending it via mail, you can be asked to cover the costs connected to it.
2.8. Is the contract anywhere saved?
The contract (including the Terms) is maintained by us in an electronic form. The contract is not accessible to third parties, but we will send it to you upon your request.
2.9. What if you don't understand something in the contract?
In case of any questions about the Terms or about the contract, you can contact us by telephone or via email. We will be happy to provide you with the needed information.
3. PAYMENT CONDITIONS
3.1. What payment methods are accepted?
The price can be paid mainly via bank transfer to our bank account prior the provision of accommodation (you will be instructed in the order acceptance).
Any other payment methods are stated on the website.
Some payment methods may include extra fees. These fees are stated on the website. The final price including the fees connected with the payment method will be always stated in the order.
3.2. When is the price due?
In case of the bank transfer the price is due within three days from the acceptance of the order according to article 2.3 of the Terms. Your obligation to pay the price via the bank transfer is fulfilled as of the moment we receive the respective payment at our bank account.
3.3. In what currency can you pay?
Payment is possible in euro (EUR).
4. PROVISION OF ACCOMMODATION, EXTINCTION OF A CONTRACT
4.1. When and how will the accommodation be provided to you?
The accommodation will be provided to you at a date stipulated in the order by delivery of accommodation premises to you in a condition fit for proper use and we ensure the peaceful exercise of your rights related to accommodation.
4.2. Can you withdraw from the contract?
By expression of your consent with the Terms you note, that in accordance with Section 1837 point. j) of the Civil Code you cannot withdraw from the contract under the Section 1829 of the Civil Code.
In case you want to change the date of accommodation or other change, please contact us. Note, that under the Terms and the legislation you are not entitled to above mentioned changes and the performance of changes is possible by an agreement with us only.
4.3. When can we withdraw from the contract?
We reserve the right to withdraw from the contract in the following cases:
- the wholly obvious wrong price occurred on the website due to a technical error (article 2.5 of the Terms);
- the performance becomes objectively impossible or illegal.
Should any of the above mention situations occur, we will inform you about our withdrawal from the contract without undue delay. The withdrawal is effective upon the delivery to you.
If you have already fully or partly paid the price, we will refund you the received amount to the bank account you provide us for this purpose or to the bank account from which you made the payment. The money is returned within five days from the withdrawal from the contract.
4.4. Is possible to terminate the accommodation contract?
You have the right to terminate the accommodation contract before the expiry of the date stipulated in the order.
If you terminate the accommodation contract, we have right to following cancelation fee:
- 10 % of price, if the termination is delivered until 2 months before the beginning of accommodation;
- 50 % of price, if the termination is delivered until 1 month before the beginning of accommodation;
- 100 % of price, if the termination is delivered later.
We will refund the received money reduced by cancelation fee within 14 days from the delivery of the termination.
We have right to terminate the contract without a notice period before the expiry of the date stipulated in the order if you (despite having been warned) materially breach your duties under the contract, or good morals.
5. RIGHTS FROM DEFECTIVE PERFORMANCE
Your rights from defective performance are governed by the relevant legislation (in particular by the provisions of Sections 1914 to 1925 of the Civil Code).
5.1. What defects of accommodation are we liable for?
As the accommodation provider we are liable that the accommodation has no defects as of the moment of its provision and that it is provided in accordance with the contract. This means that the accommodation:
- complies with its description on the website;
- is provided at stipulated date and lasts for a specified period;
- is provided with due professional care;
- meets the requirements of the legal regulation.
5.2. How long is the warranty period of provided accommodation?
You can claim your warranty during the provision of accommodation. Claim the hidden defects without undue delay after you discover such defects. At the latest you can claim the warranty for defective accommodation within six months from the provision of the accommodation.
5.3. What rights from the defective performance do you have?
In the event that the accommodation was provided defectively, you have especially the right to:
- a) free remedy (especially additional provision of accommodation);
- b) reasonable discount from the price;
- c) withdraw from the contract (only in case of defects that cannot be removed).
This provision does not affect other rights following from the relevant legislation.
5.4. How to proceed with your warranty claim?
Claim your warranty by us without undue delay from finding out of the defect.
The warranty can be claimed via e-mail or in writing. We recommend you for the purpose of the earliest possible settlement of the claim to describe as precisely as possible the defects of accommodation.
The moment of asserting the warranty claim is the moment when we were notified of the occurrence of the defects and the right from warranty was claimed.
Inbox warranty claim is handled promptly, but not later than 30 days from the date of the assertion of the warranty claim, unless we agree otherwise. You will be issued a written confirmation about the assertion and the settlement of the claim.
In the event of a disputed claim we will decide on its acceptance within three working days from the date of assertion of the claim.
In accordance with the Civil Code you are also entitled to reimbursement of the costs reasonably incurred in asserting the warranty claim. You have to assert this right within one month after the time limit for claiming the defect has expired.
6. FINAL PROVISIONS
6.1. What permissions do we have for the performance of our activities and who controls us?
We are authorized to provide accommodation in accordance with relevant legislation of Republic of Seychelles.
The control of compliance with the legislation on technical requirements is performed by the Czech Trade Inspection (http://www.coi.cz/). The Czech Trade Inspection also performs a control of compliance with the consumer protection legislation. The Consumer rights are also advocated by their interest groups and other entities designated to their protection.
6.2. How do we handle the complaints?
We handle any complaints via our contact email. Furthermore, you can contact the bodies referred to in article 6.1. In relation to our customers, we are not bound by any codes of conduct, nor we follow any of them.
6.3. What are your rights when a consumer dispute arises?
If a contractual dispute arises between you as a consumer and us, that we have not been able to resolve directly, you have the right to submit the dispute to the Czech Trade Inspection Authority (address: the Czech Trade Inspection Authority, the Central Inspectorate – the ADR department, Štěpánská 15, 120 00 Praha 2; the website: www.coi.cz, www.adr.coi.cz; e-mail: firstname.lastname@example.org, telephone number: +420 296 366 360) in order to carry out alternative dispute resolution procedure. You shall exercise the right within 1 year of the date you have asserted the right subjected to the contractual dispute.
If you are dissatisfied with provided accommodation, you can use the Online Dispute Resolution Platform developed by the European Commission (http://ec.europa.eu/consumers/odr/). It is also possible to use the Online Dispute Resolution Platform for the purpose of selecting the alternative dispute resolution bodies which offer out-of-court settlement procedures.
6.4. What else you should know?
When concluding the contracts the means of distant communication are used (especially the Internet). Costs incurred by the use of such means of distant communication (mainly the cost of internet or phone calls) are paid by yourself. These costs do not differ from the ordinary rate.
Unless agreed otherwise, all correspondence between us related to the contract is in writing, either by sending an e-mail, registered mail or by personal delivery. We will communicate with you to the email address specified in the order.
Should it be the case that any provision of the Term is invalid, ineffective or inapplicable (or will become as such), the provision, which by its sense is closest to the invalid, ineffective or inapplicable provision, will apply. By the invalidity, ineffectiveness or inapplicability of one provision shall not be affected the validity of the remaining provisions. The contract (including the Terms) can be changed or amended in writing only.
The Terms are valid and effective as of 15.10.2016.