General terms and conditions

Article I

Introductory provisions

Hotel Villa Siesta is operated by TANKBAR s.r.o., with its registered office at B. Němcovej 3455/44, 058 01 Poprad, Slovak Republic, VAT Id .: SK2020003612 registered in the Commercial Register of the District Court Prešov., Section: Sro, Insert No .: 10435/P (‘the operator’).

The purpose of these General Terms and Conditions, which also include the accommodation rules (hereinafter referred to as the “GTC”), is to create a legal framework of relations between the hotel operator and its clients in order to ensure that clients are informed about the conditions of provided services.

The GTC govern the legal relations between the hotel operator and the client, i. any natural or legal person who has ordered the services of these GTC from the hotel operator.

The GTCs form an integral part of each contract, the subject of which is, on the one hand, the hotel operator’s obligation to provide the client with certain agreed hotel services and, on the other hand, the client’s obligation to pay the agreed price for the services provided.

The contractual relationship between the client and the hotel operator is governed by the provisions of these GTC, which also include the accommodation rules, the provisions of the concluded contract, the legal order of the Slovak Republic.

These GTC become binding for the hotel on the day of their publication and for the client at the moment of ordering the service.

Article II.

Definitions

Client means any person who enters into a service contract or other contract with the hotel operator for the provision of accommodation, catering and / or wellness services, rental of conference, banquet and other rooms for various events, or the provision of other services hotel services.

The hotel operator is understood to be the company TANKBAR s.r.o., with its registered office at B. Němcovej 3455/44, 058 01 Poprad, Slovak Republic, VAT No .: SK2020003612 registered in the Commercial Register of the District Court Prešov., Section: Sro, Insert No .: 10435/P.

The parties to the contract are the hotel operator, respectively hotel and client.

Services are any hotel services provided by the hotel operator in accordance with the subject of its business, including but not limited to accommodation, catering, wellness and congress services.

An order is a document by which the client has ordered the provision of a certain type of hotel services at a specific date. With the consent of the hotel, the client can place an order in other than written form (eg in person, by phone). The order must contain the following information:

  • the name and surname of the customer or the name and surname of the person who will use the service,
  • date of service, respectively. services
  • description of the service ordered
  • payment method (invoice, cash, credit card).

Contract means an agreement between a client and a hotel containing the essentials, which are the specification of the ordered services (in terms of type and quantity), the term of providing services and the price of services, or the method of its determination. Contract means not only a document in writing under this name, but also any mutually confirmed proposals (eg oral order of the client and its confirmation by the hotel).

Written form means letter or e-mail.

Individual clients are usually 1 to 15 persons who have booked together the hotel accommodation with the same date of arrival and departure, or have ordered other hotel services with the same date of their provision.

A group client (group) is usually 15 or more persons who have booked a hotel accommodation with the same arrival and departure dates, or they have ordered other hotel services with the same date of their arrival.

Event means a social, cultural, educational or other event connected with the provision of several kinds of hotel services, which is attended by a larger number of persons (wedding receptions, birthday parties, banquets, seminars, conferences, etc.).

Organizátorom podujatia sa rozumie každá fyzická a/alebo právnická osoba, ktorá organizačne, technicky alebo iným spôsobom zabezpečuje podujatie v mene alebo v prospech klienta ako objednávateľa podujatia a ktorá za týmto účelom vstupuje do zmluvného vzťahu s hotelom. Ak nie je dohodnuté inak, platí, že objednávateľ podujatia (klient) je zároveň jeho organizátorom.

Event organizer means any person who organizes, technically or otherwise organizes the event on behalf of or for the benefit of the client as the client of the event and who for this purpose enters into a contractual relationship with the hotel. Unless agreed otherwise, the ordering party (client) is also its organizer.

Article III.

Conclusion of contract

By placing an order, the client expresses his or her irrevocable consent with these GTC and these subsequently relate to each confirmed order of the client.

Hotel operator, respectively the hotel reception will confirm the client’s order within a reasonable time, but no later than within 24 hours of receipt of the client’s order. In the event that the order is confirmed later and the client without undue delay after delayed confirmation of the hotel order notifies that the order, respectively. already considers it out of date, the order is no longer valid.

Order confirmation by the hotel containing any additions, reservations, limitations or other changes to the client’s order is a rejection of the order and is considered a new contract proposal.

The contract is considered concluded and the contractual relationship between the client and the hotel arises:

  • upon receipt of the order confirmation by the hotel to the client,
  • in the case of a written contract, if the speeches of both parties are on the same deed, at the moment of signing of the contract by both parties,
  • in the case of a new proposal for the conclusion of a contract (point 3 of this GTC) at the moment when the hotel received confirmation of a new proposal for the conclusion by the client.

By concluding the contract, the hotel undertakes to provide the client with services in the agreed scope and quality, while at the same time the hotel has the right to ask the client to pay the agreed price.

In the case of group orders or regular recurring orders of a particular client, the parties are entitled to conclude a framework agreement in writing. In the event that the framework contract or some of its provisions do not comply with the provisions of these GTC, derogating provisions of the framework contract shall prevail over the provisions of these GTC. The validity of the other provisions of these GTC, which are not in conflict with the provisions of the framework contract, is not affected.

Zmluva môže byť uzatvorená aj prostredníctvom sprostredkovateľa, pričom v takomto prípade ako povinná osoba a zmluvná strana voči prevádzkovateľovi hotela, resp. hotelu, vystupuje samotný sprostredkovateľ, ak hotel nedá písomný súhlas k zmene v osobe povinného a zmluvnej strany uzatvorenej zmluvy.

The contract may also be concluded through an intermediary, in which case both the liable entity and the party to the hotel operator respectively, of the hotel, the intermediary shall act, unless the hotel gives written consent to the change in the person of the obliged and contracting party of the concluded contract.

In the event that the client accepts a pre-reservation (option), the hotel will set a deadline by which the client is obliged to confirm the pre-reservation. If the client fails to do so within the set deadline, the pre-booking will be invalid and the hotel is not obliged to renew it.

Article IV.

Accommodation services

The operator undertakes to provide and provide services to the extent that it offers them in real time in the reservation system.

The displayed rooms and capacities are available and adjusted in real time by the operator. However, by generating reservations from several systems at the same time, there may occasionally be a situation when the accommodation booked by the client in the system is no longer available. In such a case, the operator undertakes to provide the client with accommodation in rooms of a similar level in the hotel, if this is not available followed by the accommodation in hotels near Nový Smokovec. If the client does not agree with the offered compensation he is entitled to 100% refund of the paid deposit without the possibility of applying the cancellation conditions of the operator.

During the stay, the client is only entitled to services that he has duly marked in the booking system and paid in full.

When booking ancillary services, the client is only entitled to the number of services he has duly booked. In the case of an online reservation, the decisive factor in this case is the booking confirmation that the system automatically generates in the third step of the system reservation for both the operator and the client. The client is entitled at any time to supplement the booking and extend the booked services even after making the reservation.

The hotel is obliged to prepare and make available to the client booked rooms from 2:00 PM agreed arrival date. The client is entitled to the reservation of the reserved room before the stated deadline only if the hotel has given its consent at the conclusion of the contract.

The client will check in at the hotel reception upon arrival. For registration, the client is obliged to present an identification card, passport or other valid proof of identity pursuant to Act no. 253/1998 on Reporting the Residence of Citizens of the Slovak Republic in the Population Register as amended. Every Client who is not a citizen of the Slovak Republic is obliged under the Act no. 404/2011 on the Residence of Aliens, as amended, to fill in and hand over the official residence report form at the hotel reception. The client is obliged to provide all required data truthfully and completely.

The client’s stay in the hotel is governed by the Villa Siesta *** hotel rules and other hotel operating rules. Individual orders according to the previous sentence are binding for clients as hotel guests and are accessible to clients in writing at the hotel reception.

When staying in a hotel room, the client is obliged to report any possible deficiencies, irregularities or reservations immediately after their detection at the hotel reception. He is also obliged to proceed if he finds any damage to the room or its inventory. In the event that the hotel discovers damage to the room or its inventory after the client’s stay is terminated without the client reporting it to the hotel reception, the client is obliged to compensate the hotel for damage to the room or its inventory in full.

The client is obliged to release and leave the room by 10:00 AM on the agreed date of departure. the agreed date of departure, unless otherwise agreed in advance. In case the client hand over the room after this date, the hotel is entitled to charge a special fee of 8, – EUR/hour/room for each started hour after this date.

A client who checks in before 10:00 AM in the morning, he is obliged to pay the amount of accommodation for the whole previous night. A client requesting accommodation between 10:00 AM in the morning and 2:00 PM, the hotel is entitled to charge a special fee of 8, – EUR/hour/room for each hour before 2:00 PM.

Booked rooms to which the client did not accomodate until 10:00 PM on the agreed date of arrival, the hotel is entitled to leave to another client. This does not apply if the later arrival of the client has been expressly agreed by the parties.

In case the client requests prolongation of accommodation, the hotel may also offer another room in a different price range than the one in which he/she originally stayed. In this case, the client is not entitled to accommodation in the room in which he was originally accommodated, nor to accommodation in any other room of the hotel, if this is not possible due to capacity or operational reasons of the hotel.

Article V.

Events

In the case of events connected with the provision of catering services, in which a predetermined number of persons (eg wedding receptions, training sessions, birthday parties, etc.) is to be attended, the client is obliged to notify the hotel, respectively. to confirm the exact number of persons involved no later than 3 days before the event, unless otherwise agreed in the present case. Any subsequent reduction in the number of persons actually involved does not relieve the client from paying the hotel the agreed price corresponding to the number of persons reported by the hotel client within the period referred to in the previous sentence.

If the client is interested in increasing the range of services ordered during the event, the hotel will make every effort to be fairly required to comply with the client’s operational capabilities and capacity. However, the client is not legally entitled to increase the scope of services provided.

In case of deviations of the number of participants by more than 10%, the hotel is entitled to unilaterally replace the confirmed rooms. However, the pre-agreed standard and the technical equipment of the rooms must be maintained.

For events lasting longer than 10.00 PM, the hotel is entitled from 10.00 PM charge a surcharge for service according to the current price list of services. The provisions of the previous sentence shall not apply if it was expressly agreed by the contracting parties at the conclusion of the contract that the agreed price takes into account the duration of the event after 10:00 PM.

The organizer of the event, its sponsor, or the persons participating in the event are not entitled to supply the event with their own food and/or beverages, except as expressly agreed in writing by the parties. In such cases, the hotel is entitled to charge the organizer of the event a surcharge for service according to the current price list of services, and the hotel is not responsible for the legal origin, health and hygienic safety of its own meals and drinks.

If the meals, drinks and/or services ordered by the participants of the event exceed the agreed price calculation framework, the event organizer and the ordering party shall be jointly and severally liable for the payment of their price.

All obligations towards copyright protection organizations are obligated to be settled by the event organizer or its sponsor at its own responsibility and at its own expense. The hotel is not responsible for any infringement of intellectual property rights.

If the event is subject to mandatory reporting by the competent authorities, the event organizer is responsible for fulfilling the reporting obligation, which bears all costs associated with it.

In the event that the event is likely to violate public policy and/or jeopardize the interests of the hotel and/or other clients in the hotel, the event organizer and/or its sponsor are obliged to report the above facts to the hotel without undue delay. The hotel is then entitled to take adequate measures to prevent such a situation and the organizer of the event as well as its client and the persons participating in the event are obliged to accept and tolerate these measures.

Any advertisements in the press, radio, electronic and other media, advertisements and announcements to the general public that point to any relationship with the hotel (in particular, but not limited to, political, religious, commercial and other events), as well as any other use of the hotel name or logo requires the prior written consent of the hotel.

If the hotel procures technical, electronic or other equipment from third parties at the request of the event organizer or its client, it always acts on behalf of and on behalf of the event organizer or its client, unless otherwise agreed by the parties in writing.

The use of the technical, electronic or electrical equipment of the event organizer or its client, which is connected with the use of electrical or other cable distribution of the hotel, requires the prior consent of the hotel. The hotel reserves the right to pay extra for equipment and facilities that increase the cost of energy supply and / or operation of the hotel above the normal rate. If any faults and / or damage to the technical and / or other facilities of the hotel arise from the use of the event organizer or the client’s own facilities, the event organizer and the client are obliged to jointly and severally compensate the hotel for any damage. The hotel reserves the right, through its employees or third parties, to inspect the facilities of the event organizer and its customer at its own expense and to take appropriate measures to prevent damage, and the event organizer and its customer.

The safety of the technical, electronic or electrical equipment used by the event organizer or its customer is fully the responsibility of the event organizer or its customer.

All decorative materials and items brought to the event by the event organizer or its client must comply with the legal requirements in the area of fire protection and the relevant generally binding legal regulations, and their use in the event is subject to prior consent of the hotel. The hotel is entitled to request the opinion of the relevant public authorities in this respect.

All decorative materials and items brought to the event by the event organizer or its customer must be removed immediately after the event by the event organizer or its customer, unless otherwise agreed in advance. In the event that the event organizer or its client breaches its obligation under the previous sentence, the hotel is not liable for any damages incurred on these materials and objects, and is also entitled to charge rents for the duration of the decorative materials and objects in the hotel or to remove and store these items on behalf of the event organizer or its customer.

The organizer of the event and the client of the event are fully and jointly and severally liable for damages caused to the property of the hotel and / or third parties caused by or caused by the event.

Article VI.

Prices for hotel services and payment terms

The services offered on the hotel website can be paid by bank transfer, credit card, debit card or advance invoice.

If you choose to pay by credit / debit card, the condition of confirmation of binding reservation of services is the payment of a deposit of 100% of the price of the ordered services, which are generated by the system at the time of booking.

If you choose to pay by bank transfer to the hotel account, the condition of confirmation of binding reservation of services is the payment of a deposit of 50% of the price of ordered services, which are generated by the system at the time of booking.

Payment details: Account owner: TANKBAR s.r.o., Bank account: Tatra banka, a.s., Account number: SK4811000000002621381378, SWIFT: TATRSKBX.

The client is obliged to pay the agreed price for the services used by him. This also applies to those services provided by the hotel on the basis of the client’s explicit request to third parties.

Unless agreed otherwise, the price the client is obliged to pay to the hotel for the services provided is based on the valid hotel price list. The hotel is obliged to publish the price list in the usual way, especially on its website, at the hotel reception, or at its other premises.

Prices shown in the hotel price list are final and include value added tax, but exclude local taxes. In the event that the period between the conclusion of the contract and the provision of the service exceeds six months and in the meantime the price of the service ordered by the client increases, the hotel is entitled to increase the contractually agreed price accordingly.

Unless otherwise agreed in advance, the basis for billing the ordered and used services by the client is a receipt, issued on the day of departure of the client from the hotel premises or on the day when the client used all the ordered services of the hotel.

Unless the parties have agreed otherwise in writing, the invoice is due within 14 days from the date of issue.

In the event that the client is in delay in fulfilling his/her monetary obligations towards the hotel (payment of the price of the services provided), the hotel is entitled to a contractual penalty of 0.05% of the amount due for each day even delayed. This does not affect the hotel’s claim for damages.

In the event that a client who has received a discount on the services ordered is deemed to be in default with the fulfillment of monetary obligations towards the hotel (payment of the price of provided services), such client loses the entitlement to any discounts granted in relation payment of the full price of the provided services without a discount. The entitlements of the hotel under point 7 of this GTC are not affected.

Payment by credit card can be made both before and after using the hotel services, based on the data provided by the client to make the payment. The hotel reserves the right to additionally charge the client’s credit card for any differences that will be detected after his departure (eg consumption from the mini bar, etc.), with which the client expresses his explicit and irrevocable consent when placing the order. In the event of additional settlement within the meaning of the previous sentence, the hotel is obliged to inform the client in writing of any additional settlement of credit card differences as well as of the reasons for such additional settlement.

Article VII.

Withdrawal from the contract

The client has the right to withdraw from the contract at any time and cancel the ordered services. In this case, the hotel shall be lump-sum compensation in the form of a cancellation fee, which the client is obliged to pay to the hotel under the conditions specified in these GTC. The cancellation fee is determined as a percentage of the price of the ordered services and its amount depends on the length of time from the date of cancellation of the ordered services until the scheduled start of the provision of ordered services.

Unless otherwise agreed in writing, the amount of the cancellation fee for individual clients is determined as follows:

  • cancellation more than 20 calendar days prior to service start: no cancellation fee,
  • cancellation 19 – 6 days before the start of the service: 50% of the price of the ordered services,
  • cancellation 5 days or less before the start of the service: 100% of the price of the ordered services.

Unless otherwise agreed in writing, the cancellation fee for group clients is determined as follows:

  • cancellation more than 60 calendar days prior to the start of the service: no cancellation fee,
  • cancellation 59 – 41 days before the start of the service: 20% of the price of the ordered services,
  • cancellation 40 – 30 days before the start of the service: 30% of the price of the ordered services,
  • cancellation 29 – 20 days before the start of the service: 50% of the price of the ordered services,
  • cancellation 19 days or less before the start of the service: 100% of the price of the ordered services.

In exceptional cases (illness, death, etc.), the hotel may waive the right to a cancellation fee upon written request from the client, supported by evidence of a serious cause, which led to the client’s withdrawal from the contract and cancellation of the ordered services.

In the event that the hotel becomes entitled to a cancellation fee and the client has paid the hotel a deposit, the hotel is entitled to unilaterally set off the mutual claims of the contracting parties (ie to set off the hotel’s claim for the cancellation fee with the client’s claim for refund).

Article VIII.

Liability for damage

The client is liable for damages caused to the equipment and other property of the hotel according to the relevant generally binding legal regulations of the Slovak Republic. The client shall also be liable for damages caused by minors for which he is responsible, as well as for damages caused by persons who are not hotel guests, if the stay in the hotel premises was authorized by the client himself.

In the event that the client or persons referred to in point 1 of this GTC cause any damage to the hotel equipment or other property, the client is obliged to compensate the damage incurred by the hotel in cash no later than the day of the hotel stay or after using all services ordered when billing unless the parties agree otherwise.

The hotel is not liable for damages caused to the client outside the hotel premises or for damages caused to the client by third parties who are not hotel workers.

Article IX.

Termination of the contractual relationship

The contractual relationship established by the contract according to these GTC can be terminated by the contractual parties by written agreement of both contractual parties, by withdrawal of the client from the contract.

The hotel is entitled to withdraw from the contract if:

  • this right was agreed in writing with the client in the contract and for the reasons stated in the contract,
  • the client has overdue payables to the hotel,
  • in the order the agreed advance payment or advance payment and the client did not fulfill his obligation in time – in this case the hotel is entitled to withdraw only until the moment of payment by the client,
  • there are circumstances for which the hotel is not responsible and make the fulfillment of the contract impossible,
  • the client provided misleading or incorrect data when concluding the contract or concealed other essential facts from the hotel,
  • the hotel has reasonable grounds to believe that the use of hotel services could jeopardize the proper operation of the hotel, the security, the seriousness of the hotel or other legitimate interests of the hotel.

Article X.

Special provisions

No substances of a dangerous nature (explosives and ammunition, caustics, poisons or toxic substances, infectious or radioactive materials, etc.) may be introduced into the hotel.

Pets are allowed. If animals are to be accommodated in the hotel together with the client, the client is obliged to state this fact when placing the order, in which case the hotel is entitled to charge fees according to the current valid price list.

The hotel is not responsible for forgotten and lost things in the hotel. Found items are sent to the client by mail to the address of the registered office or permanent residence, or another known address, at the client’s expense.

All documents relating to the legal relationship between the hotel and the client shall be delivered by registered mail to the address of the hotel and to the address of the client’s permanent residence or registered office or to another correspondence address notified by the relevant party in writing to the other party. by a third party authorized to deliver the consignments. If the contractual relationship between the hotel and the client persists, the contracting parties are obliged to notify each other of any change of their registered office, permanent residence, correspondence address as well as any other substantial changes.

Any document within the meaning of these GTC shall be deemed duly served:

  • the date of its receipt in the case of personal delivery,
  • on the day indicated on the return in the case of documents sent by post as a registered return shipment or in the case of courier delivery,
  • the date on which the addressee refused to accept the document delivered in person, by post or by courier,
  • the date on which the document was returned to the sender from the address of the other party as undelivered or undeliverable.

Complaints of clients as well as possible suggestions for improvement of hotel activities are accepted by the hotel management. Complaints are handled according to the Complaint Procedure Rules published at the hotel reception.

Article XI.

Final provisions

These GTC come into force and effect on the day of publication on the hotel website www.villasiesta.com.

The hotel reserves the right to change these GTC, whereas the change of the GTC is effective from the moment the GTC is published on the hotel website www.villasiesta.com. Unless the parties agree otherwise in writing, their contractual relations shall be governed by the provisions of the GTC in force and in force at the time of conclusion of the Contract.

These GTC and the legal relations arising on their basis are governed by the law of the Slovak Republic and the application of the law of any other state is excluded.

Zmluvné strany si môžu vzájomné práva a povinnosti v zmluve upraviť aj odchylne od týchto VOP. V prípade rozporov medzi zmluvnou úpravou a ustanoveniami týchto VOP platí zmluvná úprava.

The contracting parties may also regulate mutual rights and obligations in the contract by way of derogation from these GTC. In case of discrepancies between the contractual regulation and the provisions of these GTC, the contractual regulation shall prevail.

In the High Tatras, 12.09.2019

executive manager: Ing. Katarína Daníšková