GTC

GENERAL TERMS AND CONDITIONS

Apartment house Família Smokovec

Merchant/Operator

FAMILIA SMOKOVEC, s.r.o.

Registered office: Vajnorská 100/A, 831 04 Bratislava

Business address: Família Apartment House, Nový Smokovec 67, 062 01 Starý Smokovec

ID: 36 792 152

VAT NUMBER: 2022397674

VAT NUMBER: SK2022397674

Registration: Commercial Register of the Municipal Court Bratislava III, Section: Sro, File No. 83048/B

Telephone number: +421 52 442 27 81, +421 911 323 707

Email: recepcia@familiasmokovec.sk

(hereinafter referred to as "the accommodation provider")

Introductory provisions

1. A client is a consumer if he/she is not acting in the course of his/her business or profession in connection with a consumer contract, an obligation arising therefrom or in the course of a commercial practice (hereinafter referred to as "consumer" or "client" or "guest").
2. The contractual relationship between the client who is a consumer and the accommodation provider is governed and specified in these General Terms and Conditions (hereinafter referred to as "GTC"). These GTC become binding for the accommodation provider on the date of their publication and for the client at the moment of ordering the accommodation service.
3. The accommodation of clients (accommodation orderers) is governed by the legal regulations of the Slovak Republic, based on Slovak law, the Operating Regulations and these GTC.
4. Legal relations of the accommodation provider with the consumer not expressly regulated by these GTC are governed by the relevant provisions of Act No. 108/2024 Coll. 40/1964 Coll., the Civil Code as well as other related legal regulations of the Slovak Republic.
5. These GTC form an integral part of every contract (agreement) and order, the subject of which is the accommodation provider's obligation to provide certain services to the client and the client's obligation to pay the agreed price for the services provided.
6. The guest accepts the GTC as a contractual condition of accommodation and is obliged to comply with its provisions. The client is obliged to make himself/herself duly acquainted with these GTC.
7. In addition, the GTC are published on the website of the accommodation provider and at the reception of the accommodation provider.
8. The supervisory authority is the Inspectorate of the Slovak Trade Inspection for the Bratislava Region with its registered office at Bajkalská 21/A, P.O. BOX No. 5, 820 07 Bratislava, tel.: 02/58 27 21 72, 02/58 27 21 04, fax: 02/58 27 21 70, e-mail: ba@soi.sk.

I. General Terms and Conditions

1. These terms and conditions apply to contracts for accommodation, the rental of hotel rooms, conference rooms and suites for events and for the performance of events for rent as well as other services (hereinafter referred to as the "Contract"). Other terms and conditions for the guest shall only apply if they have been expressly agreed in advance in writing by the parties.
2. The contracting parties are the accommodation provider and the client. In the case of an order by a third party, the third party shall be jointly and severally liable to the accommodation provider and the client for all obligations arising from the contract.
3. The contract shall be formed by the acceptance of the client's order by the accommodation provider. It depends on the free will of the accommodation provider whether to confirm the order (reservation). The client has the right to deliver the order (i.e. (i) in person at the premises of the apartment house, (ii) in writing via e-mail reservation(iii) by telephone or (iv) via the online booking form on the Apartment House's website.
4. Confirmation by the accommodation provider is required for acceptance of the reservation. If the accommodation provider does not confirm the booking in writing within 2 working days of receipt of the booking, it shall be deemed not to have accepted the booking.
5. The contract is concluded at the moment of receipt of the binding acceptance of the reservation, which is made in the form of an e-mail message sent to the client or a written form at the accommodation provider's premises.
6. By the contract, the accommodation provider undertakes to provide the services in the agreed scope, quality and in accordance with the agreed terms and conditions.
7. Any subletting or subletting of the rooms as well as their use for purposes other than accommodation or for the use of the rooms by the accommodation provider shall be subject to the agreement. for purposes other than those agreed in the contract requires the prior written consent of the accommodation provider.

II. Conditions and method of accommodation

1. The accommodation provider may only accommodate a client who is duly registered for accommodation. The client checks in at the reception of the accommodation provider immediately upon arrival. The client is obliged to present his/her identification card, passport or other valid identity document to the accommodation provider's staff in accordance with Act No. 253/1998 Coll. 404/2011 Coll. No. 582/2004 Coll. on local taxes and local fee for municipal waste and small construction waste, as amended, and in accordance with 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 and in accordance with Act No. 18/2018 Coll. on the protection of personal data and amending and supplementing certain acts.
2. Any client who is not a citizen of the Slovak Republic (foreigner) is obliged, in accordance with Act No. 404/2011 Coll. on the residence of foreigners, as amended by later legislation, to fill in and hand over to the reception the official form on the declaration of residence submitted by the client upon arrival by the accommodation provider's employee, whereby all the required data must be provided truthfully and completely by the client.
3. The accommodation provider may, in exceptional cases, offer the guest accommodation other than that agreed upon, as long as it does not differ substantially from the confirmed booking.
4. 
   In the absence of any agreement to the contrary, the reserved rooms shall be available to the client from 14:00 on the agreed arrival date until 24:00 at the latest. The client has no right to an earlier arrival of the booked room.
5. The client shall vacate the room (check out) and check out at the reception of the apartment house by 10:00 a.m. at the latest, unless otherwise individually agreed in advance and confirmed in writing. In case of late check-out, the apartment house will charge a fee of € 20,- / hour / room (late check out) from 10:00 to 12:00. After 12:00, the apartment house will charge a fee of 100% of the room rate. Early check-in of guests between 12:00 and 14:00 is possible at a cost of € 20,- per hour of early check-in. The room is considered vacated after the guest has removed all his/her belongings from the room, handed over the keys at the reception and notified the apartment house's authorized staff of the check-out. The apartment house reserves the right to check the room inventory, payment and consumption of the guest within 15 minutes of the guest vacating the room.
6. A booked room that the guest has not moved into by 24:00 on the day of arrival may be used by the apartment house in another way. This does not apply if a later arrival has been agreed in writing.
7. If the guest requests an extension, the accommodation provider may also offer him/her another room at a different price than the one he/she was originally accommodated in. In this case, the guest is not entitled to the room in which he/she was originally accommodated, nor to accommodation in another room of the apartment house, unless this is not possible for capacity or operational reasons of the apartment house.

III. Payment for the accommodation provided

1. The price list for temporary accommodation and other services is available at the reception of the apartment house or on the website of the accommodation provider.
2. The accommodation provider is entitled to require the guest to make an advance payment of up to 100% of the accommodation price upon booking. In the case of a reservation, this is binding for the apartment house only on the date of payment of the advance payment to the account of the apartment house, unless otherwise agreed in writing.
3. The guest is obliged to pay the agreed contractual prices for the accommodation and other services used by him according to the price list of the accommodation provider. This also applies to the services and expenses of the accommodation provider towards third parties that have been caused by the guest. The guest shall be obliged to pay the accommodation and services invoice on the basis of the submitted accommodation and services bill or on the basis of the submitted invoice no later than on the day of termination of the stay.together with an invoice for the deposits received from the guest, the guest shall pay the apartment house the price for the accommodation and all services provided.
4. If the guest shortens the agreed stay in the apartment house, the apartment house has the right to charge the guest the full amount of the agreed price for the entire length of the booked stay.
5. The agreed prices include the price of accommodation, service charges and the applicable value added tax. If the period between the conclusion and execution of the contract exceeds 4 months and is increased by the apartment house in general for suchthe price charged for such services, the guest house may increase the contractually agreed price accordingly, but not by more than ten per cent. The prices may be further changed by the accommodation provider if the guest additionally wishes to change the number of rooms booked, the services of the apartment house or the length of stay and the apartment house agrees to this.
6. If the price for the services provided exceeds EUR 500,-, the guest is obliged to pay the price for the services provided so far immediately at the request of the reception.
7. The landlord is entitled to charge the guest for any debts incurred and to demand immediate payment. In the event of late payment, the apartment house is entitled to charge interest on late payment. The apartment house is entitled to issue an invoice with a maximum due date of 30 days from the date of issue.
8. The Guest is not entitled to set off against the Host's claim any outstanding and/or unpaid monetary claim without the written consent of the Apartment House.

IV. Liability of the accommodation provider and the guest

1. The accommodation provider shall not be liable for damage to items brought and left by the guest on the accommodation provider's premises. The accommodation provider is not liable for jewellery, money and other valuable items. The accommodation provider is not responsible for forgotten and lost items in the apartment house. The accommodation provider is not liable for any damages caused to the guest outside the accommodation provider's premises.
2. The accommodation provider shall claim the claim or part of it from the guest's retained funds.
3. The common rooms of the apartment house (bar, outdoor terrace, children's play area) are available for guests to receive visitors. The guest cannot receive visitors in the room who have not been duly entered in the Guest Book as guests.
4. In case of illness or injury of a guest, the apartment house will arrange for medical assistance or transport to the hospital.
5. The guest shall not move equipment, make alterations or any interference with the electrical network or other installations in the room or in the common areas of the apartment house without the consent of the management of the apartment house. In case of violation of this provision, the apartment house is entitled to charge a fee of 100,- €.
6. The guest is not allowed to use his/her own electrical appliances in the apartment house and especially in the room. In the event of a breach of this provision, the apartment house is entitled to charge a fee of € 100.
7. Before leaving the apartment house, the guest is obliged to turn off the lights in the room and accessories to the room, turn off the taps, close the door and hand over the key to the reception.
8. For safety reasons, it is not advisable to leave children under 10 years of age without adult supervision either in the room or in other common areas of the apartment house. The apartment house is not responsible for any injuries that may occur.
9. For safety reasons, guests are not allowed to carry weapons and ammunition on the premises of the apartment house, or otherwise keep weapons and ammunition in a condition that allows their immediate use.
10. Guests are not allowed to bring bicycles, scooters, roller skates, skis, snowboards, sledges or animals into the room or other non-designated areas.
11. Guests must observe the night-time curfew between 10 p.m. and 6 a.m.
12. Smoking is strictly forbidden in the entire apartment house. Smoking is only allowed on the outdoor terraces in a marked area. If the fire alarm system is activated as a result of a violation of the smoking ban, the apartment house will charge a contractual penalty of € 300,-. It is strictly forbidden to use any narcotic and psychotropic substances in the apartment house.
13. Arrival of a guest with an animal is allowed. The apartment house charges an additional fee of € 10,- per night for pets. The surcharge does not include pet food.
14. If the guest uses a parking space in the apartment house parking lot, the apartment house is not liable for any loss or damage to the vehicle or its belongings. Parking may be charged according to the price list.
15. The Apartment House shall not be liable for injuries in leisure programs of any kind unless the Apartment House acts with gross negligence or willful intent. The Apartment House is not responsible for any injuries that may occur. The person with whom the child is registered to stay is responsible for the child.
16. Found items will only be sent to the guest upon their written request. Found objects are stored in the apartment house for a maximum of 1 month.
17. The guest is liable for any damage caused to the equipment or inventory of the apartment house in accordance with the applicable legislation. In the event of damage or destruction of the apartment house's property, the apartment house is entitled to compensation for damages at the acquisition value of the destroyed inventory.
18. In the event of damage caused by the guest to the property of the apartment house, the guest is obliged to pay compensation for the damage to the property of the apartment house.damage no later than on the day of the end of the stay in the apartment house when settling the accommodation and services, or on the basis of an invoice. If the guest refuses to pay the damage, the apartment house is entitled to charge the guest a contractual penalty of 0.1% per day of the amount due for each day of delay. Payment of the contractual penalty shall be without prejudice to the apartment house's right to compensation for the damage caused.
19. Guest complaints and any suggestions for improvement of the apartment house are received by the receptionist or the management of the apartment house.

V. Cancellation, cancellation, cancellation

1. The Client, who is a consumer, may withdraw from the Contract at any time before the expiry of the agreed duration of the services (i.e. also during the stay); the Client is only obliged to compensate the damage caused to the accommodation provider by the premature cancellation of the service if the accommodation provider could not have prevented the damage. The Parties agree that if the Client is an entrepreneur, the Client is not entitled to withdraw from the Contract pursuant to Section 759(1) of the Civil Code.
2. The Customer has the right to withdraw from the Accommodation Contract if the accommodation provider has fundamentally changed the content or scope of the ordered services for reasons worthy ofspecial considerations, which are in particular the occurrence of a malfunction of the apartment house in which the service was to be provided, which for objective reasons (so-called force majeure), if even with all the efforts that can be fairly required of the accommodation provider, the accommodation provider is unable to provide the service.
3. In the event that the Client withdraws from the Contract due to fundamental changes in the terms and conditions of the Service by the Host, the Client shall have the right to demand from the Host:
   1. an alternative date for the provision of the ordered Services as offered by the Host; or,
   2. refund the price of the ordered services, which the client has paid to the accommodation provider in full.
4. At the same time, the Client has the right to request the Host to cancel the Contract (withdraw from the Contract) at any time after the services have been ordered, even without giving any reason, and the Client is obliged to pay to the Host the cancellation fees in the amount of which the Host informed the Client in advance before the conclusion of the Contract. Information on the amount of cancellation fees according to the previous sentence is available to the Client when booking the service online on the websitein other cases, this information is provided to the Client as part of the service offer sent to the Client via e-mail.
5. The amount of the cancellation fees depends on the amount of the damage caused by the accommodation provider due to the early cancellation of the Contract by the client, in case the accommodation provider could not have prevented the damage on the client's side.the accommodation capacity ordered by the client as a consumer to a third party, despite the accommodation provider's efforts to promptly occupy the accommodation capacity with a third party.
6. If the Client wishes to cancel the reservation of services (withdrawal from the Contract), he/she is obliged to cancel it online, via the confirmation email received by the Kingor he is obliged to contact the accommodation provider using the published contact details (telephone number, email).
7. The right to withdraw from the Contract or cancel the Contract pursuant to this Article may only be exercised with the Host by the Client, the Client's successor in title or a person authorised in writing by the Client, who must also provide the booking/order number or the Contract number.
8. The Accommodation Provider instructs the Client that if a deadline for cancelling the Contract free of charge has been agreed in writing, the Client may cancel the Contract up to that time without giving rise to any claims for payment or damages to the Accommodation Provider. The guest's right of withdrawal shall be extinguished if he/she does not exercise his/her right of withdrawal in writing against the apartment house until after the agreed date.
9. Notwithstanding the above cancellation conditions, the accommodation provider will always assess the cancellation conditions individually in order to provide more favourable conditions for the client
10. The accommodation provider may withdraw from the Contract before the expiry of the agreed period if, despite a warning, the accommodation provider grossly violates good manners or otherwise grossly breaches his/her obligations under the Contract (in particularbut not exclusively, polluting and damaging the accommodation facility and its surroundings, making changes in the accommodation space, disturbing the night peace, non-payment of the accommodation price, etc.). The accommodation provider shall also have the right to withdraw from the Accommodation Contract in the event that it has been indicated in the e-shop for a specific type of service that it may be unavailable after it has been ordered.
11. The accommodation provider is entitled to exercise the right to withdraw from the Contract for the above reasons immediately after becoming aware of the reason for withdrawal.
12. If the accommodation provider has exercised the right to withdraw from the Contract, the Contract shall be cancelled at the moment of delivery of the withdrawal to the client and the accommodation provider shall be obliged to return to the Client all monies received by it from the Client for the purpose of providing the selected service. However, this does not affect the right to compensation for damages and lost profits incurred by the accommodation provider as a result of the client's actions.
13. The accommodation provider is further entitled to withdraw from the Contract if the client fails to make the agreed or requested payment in advance, even after a reasonable additional period of time set by the accommodation provider has elapsed.
14. Furthermore, the accommodation provider shall be entitled to withdraw from the Contract in particular in the following cases: force majeure or other circumstances for which the accommodation provider is not responsible and which make the performance of the contract impossible; rooms have been booked with misleading or incorrect information of material facts, e.g. The accommodation provider has reasonable grounds to believe that the use of his services could endanger the smooth operation of the apartment house, the safety or the public esteem of the apartment house, without this being attributable to the owners or the guests. organization.

VI. Complaints

1. The accommodation provider is considered to be a trader in relation to the consumer within the meaning of Article 52(3) of Act No. 40/1964 Coll. of the Civil Code.
2. The consumer shall be entitled to claim for defects in the services without undue delay after becoming aware of the evidence ofThe right to claim for defects shall expire on the next working day at the latest, otherwise the right to claim shall be extinguished.
3. The consumer is entitled to assert product liability rights, withdraw from the contract, request remedy or make any other complaint at the following address of the trader:,

FAMILIA SMOKOVEC, s.r.o.

Registered office: Vajnorská 100/A, 831 04 Bratislava

Business address: Família Apartment House, Nový Smokovec 67, 062 01 Starý Smokovec

ID: 36 792 152

VAT NUMBER: 2022397674

VAT NUMBER: SK2022397674

Registration: Commercial Register of the Municipal Court Bratislava III, Section: Sro, File No. 83048/B

Telephone number: +421 52 442 27 81, +421 911 323 707

Email: recepcia@familiasmokovec.sk

4. After examining the complaint, the accommodation provider will decide on the method of handling the complaint immediately. If the nature of the claim does not allow for its immediate processing, the operator shall notify the customer of the time limit for processing the claim, but not more than 30 days, inif for objective reasons it is not possible to comply with this time limit, the operator shall notify the consumer of the time limit within which the complaint will be settled.
5. For the purpose of handling the complaint, the accommodation provider may request contact details from the consumer, through which the consumer will be informed about the method of handling the complaint in the event that it is not possible to handle the complaint immediately after it has been made.
6. The accommodation provider is entitled to request the necessary assistance from the consumer in the handling of the complaint and the consumer undertakes to provide it.
7. If the accommodation provider accepts the validity of the consumer's complaint, it shall provide the consumer with a refund.
8. If the capacity of the accommodation provider does not allow the handling of a legitimate complaint in the manner set out in the precedingthe consumer shall be refunded the price paid by the consumer for the booked or part thereof, if the customer has not paid the full price for the booked services before the claims for defects are made, or a discount from the price paid by the customer for the booked services in the amount determined by the accommodation provider.
9. In the event that the accommodation provider does not acknowledge the validity of the consumer's claim, the accommodation provider shall settle the claim by written notice delivered by the consumer's preferred method.
10. If the consumer is not satisfied with the manner in which the trader has dealt with the claims made by the consumer in respect of thed services or believes that the trader has violated his other rights, the consumer has the right to apply to the trader for redress.
11. If the trader rejects the customer's request for redress or fails to respond to the request within 30 days from the date of dispatch by the customer, the the customer has the right to submit a request for alternative dispute resolution to an alternative dispute resolution body pursuant to Article 12 of Act No. 391/2015 Coll. on alternative dispute resolution of consumer disputes and on amendment and supplementation of certain acts, as amended.
12. The competent entity for alternative dispute resolution of consumer disputes with a trader is:

a) the Slovak Trade Inspection Authority, which can be contacted for the above purpose at the Central Inspectorate of the Slovak Trade Inspection Authority, Bajkalská 21/A, P.O.BOX 29, 827 99 Bratislava, info@soi.sk, ars@soi.sk, adr@soi.sk or

b) a person registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list of authorised entities is available at https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1

13. The consumer may also file a petition for initiation of proceedings through the online platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
14. The consumer has the right to choose to which of the listed alternative dispute resolution entities he/she will turn to. The possibility to go to court is not affected.
15. Information on alternative dispute resolution is available to consumers on the website of the Slovak Trade Inspection Authority: https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi.

VII. Events

1. The event organiser/customer shall book the date of the event by paying a deposit of a pre-agreed amount (up to a maximum of 50 % of the quotation). In the event of cancellation by the customer, the customer is not entitled to any refund.
2. The event organiser/customer must notify the apartment house of the final number of participantsfive working days before the event date at the latest in order to ensure careful preparation.
3. The apartment house will accept a reduction in the number of participants of a maximum of ten per cent when settling the invoice. For deviations going beyond this, the basis shall be the originally reported number of participants minus ten percent.
4. In the event of an upward deviation in the number of participants, the basis for the billing shall be the actual number of participants. Overruns of more than ten percent must be agreed with the apartment house beforehand.
5. In the event of deviations in the number of participants of more than ten percent, the apartment house shall be entitled to re-set the agreed price as well as to replace the confirmed rooms, unless this would be an unreasonable request on the part of the event organiser.
6. For events lasting longer than the opening hours of the apartment house's catering service, the guest house mayn charge service charges on a per receipt basis, unless the agreed gratuity already reflects a duration longer than the opening time.
7. As a matter of principle, the event organiser is not entitled to bring food and/or beverages to events. Exceptions require prior written agreement with the guest house. In these cases, a service charge and storage and untagging fee will be charged as per the current price list.
8. The event organiser and the client are responsible for payment of any additional food and beverages ordered by the event participants.
9. The event organiser/customer is obliged to notify the apartment house, without notice, if the performance of the service and/or the event at thethe content or nature of the event is likely to cause a public interest and/or to restrict or jeopardise the interests of the apartment house.
10. Advertisements in newspapers as well as other measures or disclosures, in particular invitations to political or religious events for admissions interviews and salesm events which show a relationship to the apartment house, require the prior written consent of the apartment house in principle.
11. All photographs published on the Apartment House website are protected by copyright law and any reproduction is subject to the written permission of the author. Users of the website may not alter, copy, display, publish, reproduce, publicly distribute by sale, lease, loan, without written permission of the author. In no event shall the Apartment House be liable for any indirect, incidental, consequential damages, including damages for loss or damage.any damages, losses, losses or profits caused by the use, distribution or any other disposition of the published photographs without the author's consent.
12. If the apartment house procures technical and other equipment from third parties for the event organizer at the event organizer's initiative, it acts in the name, on behalf, by proxy and on behalf of the event organizer. The event organiser releases the apartment house from all claims of third parties for the provision of this equipment.
13. The use of the event organiser's own electrical equipment when using the apartment house's electrical network requires the event organiser's written consent from loads in excess of 1,000 watts. Malfunctions or damages to the apartment house's technical equipment caused by the use of this equipment shall be at the expense of the event organiser, unless they are caused by the apartment house.
14. Decorative material brought in must comply with legal fire requirements. The apartment house is entitled to require official confirmation for this. Due to possible damages, the installation and placement of items must be agreed in advance with the apartment house.
15. Display and other objects brought in must be removed immediately by the event organiser after the event. If the event organiser fails to do this and the items remain in the event room, the apartment house may charge room rent for the period the items remain. The apartment house is also entitled to carry out the removal and storage at the expense of the event organiser without incurring a custody or storage contract. The event organiser shall be liable to pay the apartment house for any damage caused by the accumulation of the items left behind.

VIII. Final provisions

1. The place of performance and payment is the registered office of the apartment house: Família Smokovec Apartment House, Nový Smokovec 67, 062 01 Starý Smokovec Operator: FAMILÍA SMOKOVEC, s.r.o., with registered office at Vajnorská 100/A, 831 04 Bratislava, ID No.: 36792152.
2. Should individual provisions of these GTC be or become ineffective or invalid, the effectiveness of the remaining provisions shall not be affected.
3. Amendments or additions to the contract, acceptance of the application or terms and conditions require a written form to be effective and will only be effective when confirmed in writing by the apartment house. Unilateral amendments or additions by the guest are ineffective.
4. By his signature, the guest agrees to the management, processing and storage of his personal data for the purposes of the Contact Data Apartment House Família Smokovec, Nový Smokovec 67, 062 01 Starý Smokovec Operator: FAMILÍA SMOKOVEC, s.Ltd, registered office: 36792152. The provision of personal data is voluntary and without consequences, with the proviso that these data may be processed for marketing purposes of the apartment house within the meaning of Act No. 18/2018 Coll. on the protection of personal data and on amending and supplementing certain laws and 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 datadata and repealing Directive 95/46/EC and in accordance with the Declaration on the processing of personal data.

The General Terms and Conditions are valid from 01.07.2024