Terms & Conditions
I. Basic provisions
These General Terms and Conditions (hereinafter referred to as the "GTC") regulate the relations between the parties to the purchase contract/contract for the provision of services, where on one side is the company Deluxe Invest s.r.o. , Company ID 27606759, VAT ID CZ27606759, with its registered office at Klimentská 20 06/28, 110 00 Prague 1, hereinafter referred to as the "Hotel" or "Seller" and on the other hand is the Buyer (hereinafter referred to as the "Buyer"). For more information about Moods, please visit the www.hotelmoods.com
The buyer is a consumer or entrepreneur. If the Buyer states his identification number in the order or when booking, then he acknowledges that the rules intended for entrepreneurs apply to him. Conversely, if the buyer does not provide an identification number, it shall be deemed to be purchased bythe private consumer. By placing an order, making a reservation or making a purchase on the online shop of the www.hotelmoods.com website, the Buyer confirms that he has become acquainted with these GTC before concluding the contract, an integral part of which is the pre-contractual communication contained in Article II, complaints procedure , the terms and conditions of personal data protection and that they expressly agree with them, in the version valid and effective at the moment of confirming the order or reservation or making a purchase in the online shop.
Invoice containing basic data smlouvy, incl. receipts according to the Act on Registration of Sales and Tax Document, the Buyer will receive in the form of a link to download invoices or as an attachment in an e-mail behind slaný to the specified email address when booking, ordering or purchasing services. The buyer agrees to this.
1. Conclusion of the contract
Before the Buyer confirms the order in a binding manner, the Buyer has the right to change both the required performance and the method of payment, i.e. to check all the data entered into the order. The Purchase Contract is created by sending the order / reservation by the Buyer after selecting the method of paymentand accepting the order by the Hotel. The Hotel shall immediately confirm the conclusion of the contract to the Buyer by means of an informative e-mail to the email entered by the Buyer. The resulting contract (including the agreed price) may be changed or cancelled only on the basis of the agreement of the parties or on the basis of legalobligations, unless otherwise stated in the GTC.
The concluded contract is archived by the seller for at least five years from its conclusion, but no longer than for the period according to the relevant legal regulations, for the purpose of its successful fulfillment and is not accessible to third non-participants withtranche. Information about the individual technical steps leading to the conclusion of the contract is evident from these Terms and Conditions, where this process is clearly described.
By the Purchase Agreement, the Hotel undertakes to hand over the item to the Buyer, to provide the services that are the subject of the purchase, and the Buyer undertakes to take over the thing / use the services and pay the Purchase Price to the Hotel. The hotel reserves the ownership right to the thing, and therefore the Buyer becomes the owner only after the full payment of the purchase price. Similarly, this rule applies when the service is purchased.
3. Passage of the risk of damage
The service is defective if it does not have agreed and clearly declared properties. The Buyer's right from defective performance is based on a defect thatthe thing has when the risk of damage passes to the Buyer, even if it becomes apparent later. The Buyer'sright shall also be established by a later defect caused by the Hotel's breach of its obligations. The buyer is obliged to report defects in the services or things used immediately after discovering such defects. The risk of damage passes to the Buyer upon receipt of the item or the commencement of the use of the services. Damage to the thing, incurred after the transfer of the risk of damage to the thing or the provider of services to the Buyer, does not affect his obligation to pay the purchase price, unless the Hotel caused the damage by breaching its obligation.
4. Responsibility of the hotel
The hotel is liable to the Buyer that the thing or services upon receipt have no defects. In particular, the Hotel is liable to the Buyer that at the time when the Buyer took over the thing or began to use the services,
a. the item has properties that the parties have agreed and, in the absence of an arrangement, such properties that the Hotel has described or that the Buyer expected with regard to the nature of the goods and on the basis of advertising carried out by them;
b. the services correspond to the scope and level clearly offered, if no part of the service is described anywhere, then such corresponds to normal practices at the place of use of the services;
c. is a thing or service in the appropriate quantity, scope and scope; and
d. the thing or services comply with the requirements of the law.
The right from defective performance does not belong to the Buyer if the Buyer knew before taking over the thing or before the start of using the services that the thing or service had a defect, or if the Buyer caused the defect himself.
5. Material breach of contract
If the defective performance is a material breach of contract, the Buyer has the right to:
a. to remove the defect by delivering a new item without a defect or by delivering the missing item,
b. to remove the defect by repairing the item or services;
c. to use alternative services to the same extent;
d. a reasonable discount on the purchase price; or
e. withdraw from the contract
7. Breach of contract in general
If the Buyer has not notified the defect without undue delay after he could have detected it during a timely inspection and sufficient care, he cannot exercise the right of defective performance.
8. Quality Guarantee
The Buyer is not entitled to the warranty if the defect was caused by an external event after the transfer of the risk of damage tothe item or the service used to the Buyer.
10. Special rules when buying a voucher
The voucher serves as a confirmation of the entitlement to use the services provided by the Hotel. By itself, it does not replace any form of security and is not in such a way exchangeable and resaleable.
The use of prepaid services is subject to the creation of a reservation at the Hotel and its return confirmation of such reservation. The reservation is subject to the availability of the hotel and must be made in advance, at least one month before the stay and in the manner specified in point VIII. these GTC. Upon check-in at the Hotel reception, a copy of this document will be required.
This voucher cannot be redeemed for cash or any other refund and cannot be exchanged if it is lost, stolen, destroyed or expired. After purchase, the voucher is non-refundable. Invalid if modified, copied or reproduced. The voucher will not besold after the expiry date and its use cannot be enforced in any way.
III. Withdrawal from the contract
1. Withdrawal from the contract by the consumer
The consumer has the right to withdraw from the contract at any time before the start of using the services, before the voucher is used.
If the consumer withdraws from the contract for a reason other than that specified in points 5 and 6,, such a procedure shall be governed by the valid cancellation conditions of the Hotel atthe time of conclusion of the contract.
In the event that the Consumer is entitled to a refund of the paid funds as part of the withdrawal from the contract, then the Hotel proceeds:
a. if possible, return the funds in the same way and in the same form as received by the Hotel;
b. return the funds in an alternative agreed manner confirmed by both parties;
c. leaves funds as a credit for the future use of services or the purchase of goods; in this case, an agreement between both parties is required and the replacement drawdown must be used in the same year.
In the case of cash payment of the credit note, the Hotel may require the presentation of an identification card (ID card or passport) in order to prevent damage and prevent the legalization of proceeds of crime. Without presentingany of these documents, the Hotel may refuse to reimburse the funds.
2. Withdrawal from the contract by the Hotel in the event of an error in the price of the goods
Except in cases stipulated by law, the Hotel is entitled to withdraw from the contract in the event of an obvious error in the price of the goods.
Withdrawal from the contract under this point is possible within 31 days if the use of the ordered services is reserved for a later period than 2 days from the order, from the day following the date of conclusion of the purchase contract between the Buyer and the Hotel by the Hotel canceling the order for the Buyer or otherwise let him know that he is withdrawing from the contract.
If the Buyer has paid at least part of the purchase price of the goods or services, this amount will be transferred back to his bank account no later than 14 days from the day following the date of withdrawal from the contract by the Hotel.
IV. Security and protection of information
In the matter of protection and processing of the Buyer's personal data by the Hotel, the terms of personal data protection shall apply.
V. Opening hours
Orders through the hotel's online store and reservations: 24 hours a day, 7 days a week.
In the event of a failure of the information system or force majeure, the Hotel is not responsible for non-compliance with the opening hours.
All prices are contractual. On the pages of the www.hotelmoods.com there are always current and platné prices, in the Czech currency (CZK) or in the currency of the single currency of the EU (EUR), except in cases where an incorrect price is indicated, see the provisions below in this article. The prices quoted for each product are final, i.e. including VAT. If a contract containing a specific price list is concluded between the Buyer and the Hotel, this price list takes precedence over public prices atwww.hotelmoods.com
The prices for accommodationin the hotel listed on the website are calculated in EUR and an indicative conversion into the Czech currency is possible, which is used only for orientation. The binding price and currency is always stated in the confirmed order of services or goods. For the conversion of the k partbetween CZK and EUR currencies, the Hotel uses the internally determined exchange rate valid according to the current internal hotel directive on the day of payment.
The final price includes all mandatory surcharges that the Buyer is obliged to pay extra on the spot, such as the local fee from the stay.
The hotel reserves the right to declare the purchase contract invalidly concluded if there has been misuse of personal data, misuse of payment card, etc., or due to the intervention of an administrative or judicial authority, theBuyer will be informed of such a procedure.
Furthermore, the Hotel reserves the right to declare the purchase contract invalidly concluded if there is an unauthorized use of a discount or similar voucher / voucher in violation of its terms and conditions, in particular in cases where:
· the voucher or discount voucher is used for services other than those for which it was intended;
· The hotel will find out that the voucher or discount voucher has already been used.
The Buyer acknowledges that in these cases the purchase contract cannot be validly established and at the same time the Buyer acknowledges that the Hotel is entitled to demand, among other things, unjust enrichment.
VII. Ordering and booking
The price and scope of services / goods will be specified in the order and in the message confirming the receipt of the order of goods / services. It is possible to order in the following ways:
a. through the Hotel's e-shop (hereinafter referred to as the "e-shop");
b. in the reservation system on the website www.hotelmoods.com
c. by e-mail at email@example.com
d. in person at the hotel reception;
e. by telephone.
VIII. Payment terms
The hotel accepts the following payment conditions:
· The goods remain the property of the Hotel until full payment and takeover, but the risk of damage to the goods passes upon receipt of the goods by the Buyer.
· The services provided by the Hotel must be fully paid for before the start of using such services, unless otherwise contractually stipulated.
· When confirming the order, a guarantee with a valid credit or debit card valid on the day of commencement of the use of services is required, unless otherwise contractually stipulated.
· The Buyer's invoicing data cannot be changed retroactively after the order has been sent.
· The Hotel reserves the right to offer the Buyer only selected payment methods at its sole discretion.
· According to the Act on Registration of Sales, the seller is obligedto issue a receipt to the buyer and at the same time is obliged to register the received sales with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.
· In the case of payment by credit card at the hotel reception, the Buyer is obliged to cover the data on his payment card and his PIN code.
The Buyer is responsible for the accuracy of the data for the refund, if he is entitled to such a refund and has chosen option IV.1.b of these GTC.
IX. Delivery terms
1. Other conditions
When using services paid in advance, the Hotel may require the presentation of an identification card (ID card or passport) in order to prevent damage and prevent the legalization of proceeds of crime. Without presenting any of these documents, the Hotel may refuse to provide services. This right arisesfrom Section 2900 of the Civil Code, which lays down the obligation of prevention and precaution.
2. Competitions and deadlines for collecting the prize
In the event that the winner wins in a competition organized by the Hotel, the winner is obliged to collect the prize within 30 calendar days from the date on which the results of such competition were announced by the Hotel. The winner's entitlement to the prize expires upon the expiry of this period, when the prizewill be forfeited in favour of the promoter.
X. Specification of hotel services
1. Accommodation times
When ordering accommodation services, it is possible to use the accommodation time from 15:00 on the arrival day (Check-in), the time for leaving the room until 12:00 on the departure day (Check-out). Check-in times before 15:00 and Check-out after 12:00 may be adjusted individually according to theBuyer's requirements and the hotel's options. These changes may be charged according to the current price list.
XI. Warranty conditions
Warranty conditions for services are governed by the relevant legal regulations of the Czech Republic.
XII. Final provisions
Relations and any disputes arising on the basis of the contract will be resolved exclusively under the law of the Czech Republic and will be resolved by the competent courts of the Czech Republic. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply in accordance with Article 6 thereof. Any disputes between the Hotel and the Buyer may also be resolved out of court. In such a case, the Buyer – consumer may contact the subject of the out-of-court settlement sporu, which is, for example, the Czech Trade Inspection Authority. The contract is concluded in the Czech language. If a translation of the text of the contract arises for the Buyer's needs , in the event of a dispute over the exclusion of d terms, the interpretation of the contract in the Czech language shall apply. These General Terms and Conditions, including their parts, are valid and effective from 1. 7. 2020, while they are available at the hotel reception or electronically at www. hotelmoods.com.
I. Basic provisions
Withdrawal from the contract by the Buyer is governed by the applicable laws of the Czech Republic and is free of charge or for a fee. The terms of the fee are stated in the detail of each price for accommodation in the hotel and are an essential part of the concluded contract.
II. The fee when purchasing accommodation services
The amount of the fee depends on the type of accommodation services. This species is distinguished by name – price type.
Flexible Booking Free cancellation prior to arrival (in case of no-show, the full price of the stay will be charged)
Non Refundable Booking. 100% deposit on the day of Booking – 100% non-refundable deposit