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General Terms and Conditions

of the company Františkovy Lázně IMPERIAL a.s.
Business Registration No.: 03479757, VAT: CZ03479757,
based at Františkovy Lázně, Dr. Pohoreckého 151/3, Post Code 351 01, data box: q34tcwz
registered in the Company Register administered by the Regional Court in Pilsen, section B, insert 1841


Article I – Introductory Provisions

1.1  The Františkovy Lázně IMPERIAL a.s. Company, Business Registration No.: 03479757, VAT: CZ03479757, based at Dr. Pohoreckého 151/3, 351 01 Františkovy Lázně, Tel.: 359 604 504, Fax: 359 604 304, www.imperialfrantiskovylazne.cz, E-mail: imperial,imperialfrantiskovylazne,cz, Data box: q34tcwz, registered in the Company Register administered by the Regional Court in Pilsen, section B, insert 309 (hereinafter referred to as the “Provider”), is a company whose scope of business is providing spa care and its related services, such as accommodation, board, providing therapeutic procedures, and other services usually associated with a stay.

1.2 The Subject of these General Terms and Conditions (hereinafter the “GTC”) is to determine the conditions and rules that regulate the relations between the Provider and the client – individual, who as the ordering party has ordered a stay and/or the services of the Provider (hereinafter the “Client”). The relations between the Provider and the Client are governed by these GTC, which create the general legal framework of their contractual relations, unless specifically negotiated and stated otherwise.

1.3 These GTC apply to reservations made by written order (by post, fax, electronic mail), personally, or by telephone to the reception desk of the Provider’s facilities, as well as for reservations made online using the reservations system found on the web pages of the Provider, especially at www.imperialfrantiskovylazne.cz.

Article II – Definition of Terms

2.1   The Client is an individual who makes a reservation by any of the methods listed in Art. I par. 1.3 of these GTC. The Client is any physical or legal party that is not purchasing any of the Provider’s services for the purpose of further sales or business activities. The individual Client does not necessarily have to be the same individual as the Guest.
2.2   The Guest is the individual who is the final recipient of the reserved stay and/or services of the Provider (hereinafter the “Guest”). The relations between the Provider and the Guest are also regulated by the Accommodation Rules, to be found in the selected facilities of the Provider. In the case that the Client is also the Guest, they are known only as the Client.
2.3   The Reservations System designates the reservations system operated by the Provider, especially on the web pages www.imperialfrantiskovylazne.cz, www.imperialfranzensbad.cz (hereinafter the “System”), which enables the online reservation of the stays and/or services offered by the Provider according to current vacancies.

2.4   After making a reservation, the Client receives a Preliminary Confirmation of Reservation, which serves only as an offer of stay issued by the Provider, and does not entitle the Client to drawing the offer of stays and/or services. The Preliminary Confirmation of Reservation contains information about the Client (name, surname, telephone contact, e-mail address, date of birth, address), the Guest/Guests (name, surname, telephone contact, e-mail address, date of birth, address, and citizenship in the case that the stay is being ordered for foreigners), the reserved stay and/or services (length of stay, dates of stay, type of stay, name of hotel, room category – if part of the offer, type of board, all services included in the stay), the total price of the stay and/or services, and a request for payment. The Client is obligated to check the correctness of the given data. The validity of the Preliminary Confirmation of Reservation expires the moment the period set for payment ends without the payment being covered as given by the request for payment in the Preliminary Confirmation of Reservation.

2.5   The Binding Confirmation of the Reservation (hereinafter the “Voucher”) issued by the Provider entitles one to take advantage of the reserved stays and/or services, however, only if the total price of the reserved stay and/or services has been paid in full in accordance with Art. VIII of these GTC. The Voucher contains information about the Client (name, surname, telephone contact, e-mail address, date of birth, address), the Guest/Guests (name, surname, telephone contact, e-mail address, date of birth, address), the reserved stay and/or services (length of stay, dates of stay, type of stay, name of hotel, room category – if part of the offer, type of board, all services included in the stay), the total price of the stay and/or services, and information about the payment. The Client is obligated to check the correctness of the given data.

Article III – Making Reservations

3.1  Reservations of stays and/or services can be made by written orders (by post to the address of the Provider, by fax to the fax number listed in Art. VI par. 6.1 of these GTC, by electronic mail to the e-mail address of the Provider: imperial,imperialfrantiskovylazne,cz), personally, or by telephone to the reception desk of the Provider, or online, by making reservations in the System.

3.2  The order must contain information about the Client (name, surname, telephone contact, e-mail address, date of birth, address), information about the Guest/Guests (name, surname, telephone contact, e-mail address, date of birth, address), information about the ordered stay and/or services (number of guests, length of stay, dates of stay, type of stay, name of hotel, room category – if part of the offer, type of board, all services ordered, and in the case of individually ordered services, the extent of accommodation, board, and therapeutic services).

3.3  When making reservations online, the Client chooses the parameters of the selected stay in the System, and the System then checks the availability of the vacancies for the purpose of making immediate reservations. In the case that the selected type of stay is available for the given dates, the Client fills out all of the information listed as required in the given form to make an immediate reservation. The Client makes an online reservation by filling out their personal data, and eventually the personal data of the Guest. Furthermore, they fill out all of the information marked as required for the purpose of concluding the reservation process, and thereby gives their consent with these GTC. Finally, they send the reservation form to the Provider.

3.4.  In the case of online reservations, the Client furthermore chooses the payment method:

a) In the case of bank transfer, the Client receives the Preliminary Confirmation of Reservation, which contains a request for payment. After the timely paying of the payment due, the Client receives a Voucher.

b) In the case that the Client chooses to pay by payment card, the Client is then redirected to the payment gateway, where they make the selected payment. In the case of an authorised payment, the Client receives a Voucher immediately.
3.5.  In the case of written, telephone, or personally made orders, the Client receives a Preliminary Confirmation of Reservation, containing a request for payment, after such orders are delivered to the Provider. In the case of timely payment, the Client receives a Voucher.

3.6  In accordance with Art. III par. 3.1 of these GTC, reservations are considered to be a binding order of a stay and/or services the moment that the written order is delivered. In the case of personally made reservations, this moment is considered to be the moment of writing up (i.e. filling out the form and signing it) the order at the reception desk of the Provider or in the Reservations Centre. By telephone, this moment is the moment of making an order by telephone, and in the case of online reservations, it is the moment that the reservation form is sent to the Provider. The contractual relations between the Provider and the Client originate the moment the Preliminary Confirmation of Reservation is sent to the Client by e-mail, by post, or is delivered personally. In the case of online reservations made in the System, the Client is sent the Preliminary Confirmation of Reservation by electronic mail, and that to the Client’s e-mail address that is given in the sent reservation form. To eliminate any possible doubt in the case of online reservations, the confirmation of reservation for online reservations paid by bank transfer is the delivery of the Preliminary Confirmation of Reservation, and for online reservations paid by payment card, it is the delivery of the Voucher.

3.7  The Client is not entitled to make changes in their reservation; however, changes in the reservation may be negotiated with the Provider. In the case of changes in the reservation, the Client is charged a fee of CZK 500. When the length of stay remains to be the same, changes in reservation are considered to be changes in accommodation category, type of stay, or dates of stay no later than up to 33 days before the planned arrival of the Guest. Changes in dates require that the new arrival be no later than 6 months from the originally ordered date of arrival. A change in reservation 32 days and less prior to the beginning of the stay may be made in the case that the Client cancels their reservation, pays the cancellation fee according to Article VI, and makes a new reservation. When changing hotels up to 33 days prior to the beginning of the stay, a fee of 15% of the total price of stay (a minimum of CZK 500) will be charged, and a change of hotels 32 days and less prior to the beginning of the ordered stay may be made in the case that the Client cancels their reservations, pays the cancellation fee according to Article VI, and makes a new reservation. Changes in the Guests are not subject to any fees.

3.8  When purchasing a gift certificate, only the services listed on the gift certificate may be drawn, or services equalling the value given by the certificate provided by the Operator and duly paid for in the amount of 100% before the gift certificate is used. In the case that the gift certificate is not utilised during its validity, the Provider does not pay out the amount remaining to be drawn from the gift certificate.

Article IV – Rights and Responsibilities of the Contractual Parties

4.1   The Client is entitled to:

be duly provided the stays and/or services they have ordered, that the Provider has confirmed, and that they have duly paid, with the exception of cases of unavoidable events, crisis situations, and unexpected conditions (impact of weather, power cuts, political events, natural disasters – floods, earthquakes, etc.); in the case of such events, the Provider reserves the right to cancel the already confirmed reservations;
cancel their reservation at any time before the stay is commenced and/or the services are provided, under the condition that the cancellation conditions are met;
file a complaint about any flaws in the provided stay and/or services according to the provisions of the Complaints Procedure found in these GTC.

4.2   The Client is required to

completely and correctly list all substantial information necessary for making reservation, especially of all data listed as required in the reservation form or order form;
pay the full price of the reserved stay and/or services in the selected manner to the Provider, and that no later than the date of the Guest’s arrival to the stay;
respect the legal and internal regulations of the Provider;
carefully check the confirmation of reservation issued by the Provider, and if a mistake is discovered in the reservation made, to contact the Provider at the contacts listed in the confirmation of reservation without delay.
Familiarise themselves with the contraindications of spa treatment listed at www.imperialfrantiskovylazne.cz before confirming their reservations.

4.3   The Provider is required to

provide the Client with information about the reservation of stays and/or services, and to immediately confirm the reservations made;
ensure a stay and/or services to the confirmed extent and quality to the Client/Guest/Guests,
provide the Client/Guest/Guests with an alternative stay and/or services to the minimal extent of the confirmed quality and length in the case that the Provider is not able to provide the duly confirmed and paid stay and/or services due to reasons other than those listed in par. 4.1 letter a) of these GTC, i.e. due to technical problems or due to similar reasons,
refund the sum of payments already made by the Client in the case of reservation cancellation on part of the Provider in accordance with par. 4.1 letter a) of these GTC, and that no later than 14 days after the notification of reservation cancellation is delivered to the Client.

4.4   The Provider is entitled to

make changes in reserved and confirmed stays and/or services at the same or higher category, while maintaining at least the same standard and price of the stay and/or services. In the case of need, any changes made by the Provider to a lower category must be related to the Client no later than 7 days before the commencement of the reserved stay and/or provided services. If the Client gives their consent to such changes in writing, the total price of the stay will be discounted according to the current prices valid for the given category. In the case that the Client does not give their written consent with such changes, the reservation of the stay and/or services is cancelled;
cancel or refuse the stay in advance of any Guest in the case that no further spa therapy was recommended to them after a previous stay with the Provider (this information is included in the medical reports of the Provider);
cancel or refuse the stay of any Guest in advance in the case that they did not respect the facility regulations of the Provider during a previous stay;
make changes in the prices due to inflation or price fluctuations and changes in the current exchange rate when making payments in foreign currency.

4.5. In the case that reservations are cancelled on part of the Provider as according to par. 4.4 letters a), b), or c), the refunding of any payments already made is carried out according to the provisions of par. 4.3 letter d) of these GTC.

Article V – Guest Arrival

5.1  Upon arrival to the stay and/or for the services, the Guest provides proof of identification and their Voucher to the employees in the facilities of the Provider. After taking care of all formalities, the Provider accommodates the Guest and gives them further information about their stay and/or services. The Guest may familiarise themselves with the Accommodation Rules upon arrival. 

Article VI – Cancellations of Reservations by the Client

6.1  The Client has the right to cancel the stay and/or provided services as given by the confirmed reservation any time before they are commenced (hereinafter “the day of arrival”), i.e. they may withdraw from the confirmed order or confirmed online reservation. Withdrawal on part of the Client (hereinafter “Cancellation”) must be made in writing and provably delivered to the Provider at the address of their base, to the e-mail address, or to the fax number listed in this paragraph, whereby the true objective of cancelling the confirmed reservation and/or services must be unambiguously stated by the Client. The day of the Cancellation is understood to be the day that this will of the Client is expressed and is delivered to the Provider to the address of their base or to the given e-mail address or fax number. In the case that the Cancellation of the reserved stay and/or services is delivered between 5:00 p.m. and 12:00 a.m. local time, the day of Cancellation is considered to be the following working day. In the case of Cancellation, the Provider is entitled to be paid cancellation fees related to cancelling the reserved and confirmed stays and/or services (hereinafter “Cancellation Fees”), whose amounts depend on the total number of days from the delivery of the written Cancellation to the Provider in accordance with this paragraph to the day of the arrival. In the case of stay and/or service cancellation, the Provider does the billing and returns any payments made, subtracting the amount of the duly calculated Cancellation Fees according to the table below, no later than within 14 days from the delivery of the Cancellation. In the case that the amount of the Cancellation Fees surpasses the amount of the payments already made by the Client, the Provider charges the Client the difference between the payments made and the amount of the Cancellation Fees according to this paragraph in a separate invoice on the basis of the delivery of the written Cancellation of the reserved and confirmed stay and/or services; in this case, the invoice is payable within 15 days from the Cancellation.

In accordance with Provision § 1837 letter j) of the Civil Code, accommodated guests are not entitled to withdraw from confirmed orders as consumers without being charged cancellation fees as according to item 6.1 of these GTC in the case that the accommodator provides the fulfilment of the order in the given dates.
Cancellations of reservations are only possible in written form, delivered to the address of the Provider, or in e-mail or fax form to the address/number below:

E-mail: imperial,imperialfrantiskovylazne,cz
Fax: +420 354 206 652.

Cancellation Fees are calculated from the confirmed total price of the reserved stay and/or services according in the following manner:

Stay cancellations made from confirmed reservations:


Stay cancellations made from confirmed reservations:
32 and more days prior to arrival
31–22 days prior to arrival
21–14 days prior to arrival
13–7 days prior to arrival
6–2 days prior to arrival
1 day prior to arrival or does not arrive for stay 
Amount of cancellation fee in % of the total price of stay
15 % (min. CZK 1,000)
30 %
50 %
70 %
80 %
100 %


Article VII – Payment Conditions

7.1  The current prices of stays and services provided by the Provider are given on the web pages of www.imperialfrantiskovylazne.cz. In the case of any inconsistencies of prices listed by various sources, the prices listed on www.imperialfrantiskovylazne.cz are valid. In the case that seasons change during the period of the stay, the price of the given season will be charged.

7.2
  The Client is required to make payments in the minimum amount of 15% of the total price (a minimum of CZK 1000) for the reserved stay and/or services before the day of arrival, and in the case of online reservations and payment using payment card, immediately upon making reservations through the payment gateway, and in the case of online reservations and payment via bank transfer, within 14 days from when the reservations were made on the basis of the data given in the Preliminary Confirmation of Reservation, and in other cases, within 14 days from sending the written order.

7.3  If the partial payment shall not be made in the given period, the reservation will be automatically cancelled. The date of payment is understood to be the day that the finances are credited to the account of the Provider. The Provider receives net payments, which shall not serve for covering any costs on part of the Provider (with the exception of paying fees for administering the account of the Provider and other eventual bank fees charged by the bank to the Provider, but only if the payments are made in the correct currency), and without any costs to the Provider.

Article VIII – Payment of Remaining Part of the Total Price for Reservation

8.1  In the case that the reserved stay and/or services is paid only partially at the minimum amount of 15% of the total price (a minimum of CZK 1,000) of the stay and/or services, the remaining amount for the reserved stay and/or services shall be paid by the Client or by the Guest in the full amount before the day of arrival, no later than, however, on the day of arrival before the first services are provided, and that in the following manner:

8.1.1  Before Arrival

bank transfer in CZK:
 UniCredit Bank Czech Republic and Slovakia, a.s., bank account No. 2110960845/2700 
bank transfer in EUR: UniCredit Bank Czech Republic and Slovakia, a.s., IBAN: CZ3727000000002110960853     BIC/SWIFT code: BACXCZPP
money order

8.1.2  On the Day of Arrival          

  • cash payment
  • credit card    
  • selected vouchers

8.2  The Client bears in mind that in the case that the total price for the reservation of the stay and/or services are not fully (100%) covered no later than the day of arrival, the Provider is not obligated to provide the Client or Guest the reserved stay and/or services. In such cases, the Provider reserves the right to cancel the confirmed reservation, and the Client is obligated to pay the Provider Cancellation Fee according to the table in Art. VI, par. 6.1 of these GTC (Cancellation 1 day prior to arrival or not arriving without prior Cancellation on part of the Client). In the case that the amount of the Cancellation Fee is greater than what has already been paid by the Client, the Provider charges the Client the difference between the payments made and the amount of the Cancellation Fee according to this paragraph in a separate invoice; in this case, the payment is due within 15 days from the date of arrival.

Article IX – Further Negotiations

9.1  Treatment procedures are not administered to people under 18 years of age.

9.2
  If the stay and/or the drawing of services is terminated, or if the services are only partially drawn due to discovered contraindications or due to the low age of the patient after the day of arrival and/or the commencement of provided services, the Provider is not obligated to provide the Client or Guest with any substitution for the services not drawn for these reasons, nor are they obligated to refund the proportional amount of the paid prices of the stay and/or services.

9.3
  The Provider is not obligated to provide any substitution for services that are reserved but not drawn.

9.4
  When interrupting stays that are co-funded by a health insurance company (complex or contributory spa care) per request of the Client, a fee of CZK 500 per day will be charged.

9.5 
 A spa fee, which is determined by the currently valid decree of the Municipality of Františkovy Lázně, is surcharged to the price of the stay.

Article X – Protection of Personal Data

10.1 By sending the written order, by making a telephone order, by ordering in person, or by entering the System of the Provider and commencing registration, the Client knowingly provides their personal data, and eventually the personal data of the Guest. The Client agrees with the manipulation of such data by the Provider for the purpose of making reservations of stays and/or services. Personal data will be processed by the Provider in accordance with Act No. 101/2000 Sb., On the Protection of Personal Data, as amended.

10.2 By providing the personal data of the Guest to the Provider, the Client commits to ensuring the consent of the subject with the provision of such data, and is responsible for all damages incurred by breaching this obligation.

10.3
 The personal data and information about reservations of stays and/or services are necessary for ensuring reservations by the Provider; they are saved in a secured database and are not provided to third parties.

10.4 The Provider is required to take all measures necessary to prevent the unauthorised and random access of other parties to personal data, the change, damage, or loss of the personal data of Clients or Guests, and the unauthorised transfer, processing, or other abuse of the personal data of Clients or Guests.

10.5 Before sending the reservation form to the Provider, the Client may provide their consent with the sending of current offers by the Provider. Cancelling such subscriptions can be made by telephone at the telephone number of the Provider: +420 354 206 600, or via e-mail to the e-mail address: imperial,imperialfrantiskovylazne,cz. The Client is also entitled to delete their e-mail address from the distribution database of the Provider by selecting the pertinent link in the lower part of each information e-mail sent. 

Article XI – Complaints Procedure

11.1 In the case that the Client discovers any defects or deficiencies in the services provided by the Provider, the Client is obligated to ensure the notification of such defects or deficiencies to the Provider without undue delay after they are discovered. The Client bears in mind that no claims about faulty services made to the Provider with a delay or after the Client’s departure shall be taken into account.

11.2 In the case of complaints about the services or the contractual fulfilment of the Provider, respectively, the Client is required to notify the reception desk or the accommodation office of the given spa hotel about such defects without undue delay. The employee at the reception desk will then hand over the filed complaint to the responsible employee of the Provider, who shall evaluate the complaint and shall write up the complaint protocol, which shall contain the identification of the Client, the description of the defects of fulfilment that the Client objects to, the date that the complaint was made, the suggested solution to the complaint, and any eventual agreement of the parties on the solution to the complaint.

Article XII – Conditions for Out-of-Court Settlements in Consumer Disputes

12.1 The accommodated Client/Guest has the right to suggest an out-of-court settlement of such a dispute to the subject determined for settling consumer disputes out of court, which is: the Czech Trade Inspection Authority, Central Inspectorate – AD Department, Štěpánská 15, 120 00 Prague 2, E-mail: adr,coi,cz, web: adr.coi.cz
The Czech Trade Inspection Authority is the authority that monitors consumer protection, and is governed by the Act No. 64/1986 Coll., The Czech Trade Inspection Authority, as amended, as well as by other legislation. The web pages of the Czech Trade Inspection Authority are found at www.coi.cz.

Article XIII – Final Provisions

13.1 These GTC are published in their full extent on the web pages of the Provider www.imperialfrantiskovylazne.cz.

13.2 The Provider reserves the right for making unilateral changes to these GTC.

13.3 These GTC shall also be adequately applied to the eventual contractual relations between the Provider and the Guest.

13.4 The General Terms and Conditions valid when the Client makes the reservation of the stay and/or services apply to the Client and the Guest, i.e. at the time the written order is sent, the telephone order is made, or the order is sent by the Client to the Provider using the online reservation form.

13.5 The rights and regulations not dealt with in these terms and conditions are governed by the pertinent provisions of Act No. 89/2012, the Civil Code, as amended.

13.6 These General Terms and Conditions come into effect on 12 March 2017. Any amendments, deviations, or addenda to these GTC agreed upon between the Provider and the Client/Guest may be made solely in written form.

13.7 The legal relations between the Provider and the Client/Guest are governed by the legislation of the Czech Republic.

13.8 An integral part of these GTC is the Price List valid for the given period.

 


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