Business Terms and Conditions
of the limited liability company Lázně Bechyně s.r.o.
with its registered office in Bechyně 202, post-code 391 65, ID no.: 46678654
entered into the Commercial Register administered by the Regional Court in České Budějovice, section C, file no. 1435, for the sale of residential stays by means of trade conducted at the internet address (website) www.laznebechyne.cz and www.laznevbechyni.cz (hereinafter as “website”).
I. Introductory provisions
1) These business terms and conditions regulate, pursuant to Section 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter “CC”), the mutual rights and responsibilities of the contracting parties arising in relation to the conclusion of a purchase contract for a residential stay entered into between the vendor (Lázně Bechyně s.r.o.) and the purchaser, who is a natural person (hereinafter “purchaser”) acting outside of their entrepreneurial activities as a consumer (hereinafter “purchase contract”).
2) These business terms and conditions represent part of the content of the purchase contract which is entered into between the vendor (Lázně Bechyně s.r.o.) and the purchaser pursuant to the previous paragraph. The business terms and conditions become an integral part of the purchase contract with a reference from the vendor (Lázně Bechyně s.r.o.) to them in the offer, and in the offer’s acceptance by the purchaser in the purchase contract (order).
3) The business terms and conditions are an integral part of the purchase contract. Wherever the term “stay” or “residential stay” occurs in these business terms and conditions, they refer both to spa and wellness residential stays at the vendor within its facilities according to the terms and conditions stated at the web address www.laznevbechyni.cz.
4) Business, pursuant to these business terms and conditions, refers to business conducted by the company Lázně Bechyně s.r.o. at the website www.laznevbechyni.cz.
5) These business terms and conditions shall apply mutatis mutandis (outside the regulation of issues arising from consumer agreements in Section 1810 et seq. of the CC) to cases where the purchaser is a legal entity or a natural person–entrepreneur, provided the purchase contract refers to these conditions and the purchaser confirms its acceptance thereof in the purchase contract.
6) In the purchase contract it is permitted to agree provisions that deviate from these business terms and conditions. Derogating provisions in the purchase contract take precedence over the provisions of the business terms and conditions.
7) The vendor may change or supplement the wording of the business terms and conditions in such way that the rights and responsibilities of the contracting parties which arose before such amendment remain unaffected thereby. Any discounts from the price of a residential stay may not be mutually combined unless the vendor and purchaser agree otherwise.
II. Entering into a purchase contract
8) The purchase contract expresses the will of both parties to establish a commitment to each other and be guide by the content of the contract.
9) The purchase contract is entered into as soon as both parties have negotiated its contents and the purchase price has been paid.
10) All presentations of residential stays that form the subject-matter of the purchase contract and which are located on the website are informative in nature, and the vendor is not obliged to enter into a purchase contract with respect to such stays. The provisions of Section 1732 paragraph 2 of the CC shall not apply.
11) The web address contains information about residential stays, their scope and content, and also states their prices. Prices of therapeutic stays are not subject to VAT, wheres the prices of wellness stays are subject to VAT, and the stated prices therefore include the VAT rate. Other fees include the spa charge, parking fees, etc. and are paid on site.
12) The prices of stays found on the website remain valid throughout the time they are displayed on the website.
13) To order a stay, the purchaser fills in an the order form (if they want to send the order by email) found on the website and sends it to the vendor’s email address at email@example.com. If the purchaser sends the order by post, they shall write an informal order which is then sent to the address of the vendor’s registered office. The purchaser may also express their interest in purchasing a stay directly by telephone by calling the number +420 381 476 100.
14) Once the form has been sent, the purchaser is not permitted to change data that they have included on the form, unless they have the consent of the vendor.
15) The order shall only be valid when all the obligatory data has been entered by the purchaser into the form, if the form is to be sent by email. If the form is sent by post, the same order form may be used, or an informal order may be sent, provided it contains at least the requested dates and a definition of the type of stay. Part of the order in both cases must be confirmation of the fact that the purchaser has familiarized themselves with the contents of these business terms and conditions, which shall become part of the purchase price.
16) The purchaser shall grant the vendor, within the meaning of Act No. 101/2000 Coll., on the Protection of Personal Data and in accordance with Regulation (EU) 2016/679 (GDPR), their express consent to the vendor to process the following personal data: first name and surname, address, date of birth, email address, telephone number, indications and name of health insurance company. If the purchaser enters into the order not only their own personal data, but also the data of other persons, the purchaser must consent to the fact that these other data will be handled identically to their own data, and declares that the other persons involved consent to such handling. These data are necessary to draw up the letter of invitation (offer) and to enter into the purchase contract. These data will be processed by the vendor for the period during which discussions on entering into a purchase contract are pursued, and, should a purchase contract be entered into, for a period of 4 years from the acceptance of the performance by the purchaser pursuant to the purchase contract. The purchaser is entitled to withdraw their consent at any time, for example by sending a letter to the vendor’s address.
17) Immediately upon receiving a written order, the vendor shall send the purchaser a “letter of invitation”, in which, in addition to confirming the receipt of the order, is also stated instructions regarding the stay and the payment, which is payable within a month of receiving the order by the vendor. The “letter of invitation” is sent to purchaser in the same way the order was sent by the purchaser. With the acceptance of the “letter of invitation” by the purchaser, and with the payment of the total amount set out within (i.e. the price), the purchase contract is entered into. Non-compliance with the due date for payment and the payment terms and conditions set out within the “letter of invitation” may constitute a reason for withdrawal from the contract on the part of the vendor.
18) Any costs arising to the purchaser in the using remote means of communication in relation to entering into the purchase contract (the cost of an internet connection, postage, or making phone calls), is paid for by the purchaser themselves.
19) If the vendor is unable to satisfy any of the requirements stated in the written order, the purchaser shall receive on their email account (or by post) an amended offer (“letter of invitation”). The amended offer is considered as a new draft purchase contract, and this purchase contract is, in such cases, entered into by paying the price stated in the “letter of invitation” to the purchaser. Non-compliance with the due date of payment and the payment terms and conditions contained in the “letter of invitation” may constitute a reason for withdrawal from the contract on the part of the vendor similar to article 17.
20) It similarly applies that if the purchaser contacts the vendor by phone and submits their order orally, then on the basis of the oral offer the vendor will send the purchaser a “letter of invitation”. The purchase contract is entered into by paying the price stated in the “letter of invitation” by the purchaser.
21) If an obvious technical error is made on the part of the vendor when stating the price of a residential stay on the website, or during the course of negotiations, the vendor is not obliged to provide the purchaser with a stay for such an obviously erroneous price. The vendor shall inform the purchaser about the error without unnecessary delay and send the purchaser to their email address (or by post, or phone) an amended offer. The amended offer is considered as a new draft purchase contract, and this purchase contract is entered into by confirmation of its receipt by the purchaser sent to the email address of the vendor, or by mail.
III. Payment terms and conditions
22) The purchase price is due within 30 days of sending out the offer (“letter of invitation”) by the vendor to the purchaser in accordance with article II of the business terms and conditions
23)Unless expressly stated below otherwise, the purchase price shall also be regarded as the costs associated with a residential stay. The cost of the stay and all other potentially related costs in accordance with the purchase contract can be paid by the purchaser:
- by cash-free transfer directly into the vendor’s bank account: no. 651022/0800,
- cash free using a debit or credit card,
- in person in cash, or using a debit or credit card, at the vendor’s establishment.
24) In the event of cash-free payment, the obligation of the purchaser to pay the purchase price is fulfilled at the moment the relevant sum is credited to the bank account of the vendor.
25) The vendor shall not request from the purchaser any deposit or similar such payment in advance. Payment of the purchase price before the due date shall not be considered a deposit.
26) The vendor shall issue the purchaser a tax document – invoice, which is sent to the email address of the purchaser (or by post, or the purchaser may collect it n person).
IV. Withdrawal from contract
27) The vendor has the right to withdraw from the contract in the event of non-compliance with the payment terms and conditions in accordance with part III hereto, or if the purchase price is not paid by the respective due date (article 17 and 19).
28) A purchaser who has entered into a purchase contract as a consumer, outside of their entrepreneurial activities, is entitled to withdraw from the purchase contract provided they satisfy the conditions of Act No. 89/2012 Coll., the Civil Code.
29) Among other reasons, the purchaser may not withdraw from the contract:
- if the objections of the purchaser were satisfied with their prior express consent before the expiration of the deadline for the withdrawal of contract,
- if the price of a stay depends on the vagaries of a financial market independent of the will of the vendor, where such deviation may occur during the expiration period for withdrawal from contract,
- if the stay concerned had been adapted to the wishes of the purchaser or for their person
V. Liability for damage
30) The vendor is responsible to the purchaser for ensuring that the stay has no defects upon its acceptance. In particular, the vendor is responsible to the purchaser for ensuring that, at the time when the purchaser takes receipt of the stay:
- the stay has the characteristics that were agreed by both parties,
- the stay corresponds to the quality or, in terms of implementation, to the conditions agreed in the purchase contract,
- the stay corresponds in terms of quantity, extent or mass, and
- the stay corresponds to the relevant statutory requirements.
31) Should any defects manifest themselves, the purchaser may submit a complaint to the vendor and demand:
- an appropriate discount from the purchase price,
- or withdraw from the contract.
32) The purchaser is entitled to withdraw from the contract
- if the stay has a fundamental defect, or
- if there are a large number of defects.
33) The vendor is obliged to take receipt of any complaint at its establishment, or its registered office or place of business. The vendor is obliged to issue purchaser, upon request, written confirmation of the fact that the purchaser has exercised their right, the content of the complaint, and in what way the purchaser is demanding that the complaint be dealt with. The vendor subsequently also issues, upon request, to purchaser confirmation regarding the date and method of dealing with the complaint, including confirmation on the implementation of remedial measures and their duration, or else a written justification for their rejection of the complaint.
34) The vendor, or an employee authorized by them, shall decide on the complaint without delay, in more complicated cases within three working days. Within this duration is not counted the appropriate period, depending on the type of stay, necessary to formulate an expert assessment of the defect. The complaint, including the remediation of the defect, must be dealt without delay, at the latest 30 days from the day the complaint was lodged, unless the vendor and purchaser agree on a longer deadline. The moment of lodging the complaint shall be regarded as the moment at which the will of the purchaser (to exercise their entitlement arising from defective performance) reaches the vendor.
35) The entitlement arising from defective performance may not be exercised by the purchaser if the purchaser knew, before starting their stay, that there was a defect, or if the purchaser caused such defect themselves.
36) In the case of a justified complaint, the purchaser has the right to compensation of efficiently incurred costs arising in connection with exercising the complaint. The purchaser may exercise this right with the vendor within a period of one month after the expiry of the warranty period.
37) The purchaser has the right to choose the means of complaint.
38) The rights and responsibilities of the contracting parties regarding the entitlement from defective performance are regulated by Section 1914 through 1925, Section 2099 through 2117 and Section 2161 through 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection.
39) Other rights and responsibilities of the contracting parties may be regulated by the vendor’s complaint rules.
VI. Delivery, personal data protection and other provisions
40) The contracting parties may send one another every form of written correspondence by email.
41) The purchaser delivers correspondence to the vendor to the email address given in these business terms and conditions. The vendor delivers correspondence to the purchaser to the email address given in the order.
42) By sending their order to the vendor, the purchaser consents to the processing of personal data by the vendor pursuant to Act No. 101/2000 Coll., on the Protection of Personal Data, for the purpose of implementing the rights and responsibilities arising from the purchase contract. The data concerned are as follows: First name and surname, residential address, date of birth, ID no., Tax ID no., email address and telephone number (hereinafter “personal data”).
43) The processing of the purchaser’s personal data may be entrusted by the vendor to a third party as the processor.
44) Personal data shall be processed for a definite period pursuant to the provisions herein. The purchaser has been advised that the provision of personal data has been made voluntarily and confirms that such data are truthful and accurate.
45) If the purchaser requests information about the processing of their personal data, the vendor is obliged to provide them with such information.
VII. Final and transitional provisions
46) All agreements between the vendor and the purchaser are governed by the laws of the Czech Republic. If the relationship established by the purchase contract contains any international element, the contracting parties hereby agree that it shall be governed by the law of the Czech Republic. This shall not affect consumer rights arising from generally binding legal regulations.
47)The vendor in its relationship with the purchaser is not bound by any code of conduct within the meaning of the provision of Section 1826 paragraph 1e) of the Civil Code.
48) It is prohibited to copy, modify or otherwise use the website, or part thereof, without the consent of the vendor.
49) The purchaser hereby takes on the risk of changes of circumstance in the meaning of Section 1765 paragraph 2 of the Civil Code.
50) The purchase contract is archived by the vendor and is not accessible.
51) The wording of the business terms and conditions may be amended or supplemented by the vendor. This provision shall not affect the rights and responsibilities for the period during which the previous wording of the business terms and conditions remains valid.