Terms and Conditions
GENERAL TERMS AND CONDITIONS
1. The purpose of these General Terms and Conditions (hereinafter be cited in the text as GTs and Cs) is to establish a legal framework for the relationship between the hotel operator and their clients in order to ensure the client is informed about the terms and conditions of service.
2. These terms and conditions apply to agreements concluded to let the hotel rooms for accommodation, conference and banqueting venues to hire for organising events as well as to provide other services to the client.
3. The client's terms and conditions may only be accepted if they have been expressly agreed in advance in writing.
4. The GTs and Cs form an integral part of every agreement and an order, the subject of which is the hotel's obligation to provide certain services to the client and the client's obligation to pay the agreed price for the services provided.
5. The client shall be presumed to have been acquainted with the GTs and Cs unless he proves that the access to them has been restricted or prevented through the fault of the hotel.
6. These GTs and Cs become binding for the hotel on the date of their publication and for the client the moment they order the services.
Definitions. For the Purpose of this Agreement, the Following Shall Be Understood:
1. The client is any natural or legal person who enters into an agreement with the hotel for the provision of services or sends a binding order to the hotel.
2. The hotel is operated by ERB Hotel, Ltd., residing at Novozámocká 2, 96901 Banská Štiavnica, ID No.: 36589632, registered with the Commercial Register of the District Court of Banská Bystrica, Section Ltd, file No. 15792/S.
3. The contracting parties are the hotel and the client.
4. The service is understood as any service provided by the hotel in accordance with subject of its business, in particular accommodation, catering, wellness and congress services.
5. The event is a social event attended by a large number of persons, including the provision of several types of services by the hotel.
6. The event organiser any natural or legal person who organises, technically or otherwise arranges an event on behalf of or for the benefit of the client and enters a contractual relationship with the hotel for this purpose; unless otherwise agreed, the client is the organiser of the event.
7. The moment of payment is the moment when the hotel has acquired the possibility to dispose of the paid funds, i.e. the day of crediting the account, receipt at the cash desk, etc.
8. Damage means actual damage and a loss of profit. Damages shall be paid in money; however, the injured party might request the restoration of the damage by returning an object to its original state.
II. Conclusion of the Contract
1. The conclusion of the contract means an agreement concluded between the hotel and the client to provide services.
2. By concluding the contract, the hotel undertakes to provide the client with services within an agreed range and quality, while the client is also obliged to pay the hotel the price they have agreed on and to compensate for any damage caused in connection with the use of the hotel services. 3. The contract is concluded upon the confirmation of the client's order/reservation by the hotel. The confirmation can be made in writing by e-mail.
3. The contract is concluded upon the confirmation of the client's order/reservation by the hotel. The confirmation can be made in writing by e-mail.
4. The contracting parties are the hotel and the client. If a third party (intermediary) has ordered the services of the hotel, they become contracting party themselves, unless the parties agree otherwise.
5. In the case of group or repeated orders, the parties may conclude a written framework agreement, provided that the arrangements negotiated in such an agreement take precedence over the provisions of these GTs and Cs. However, the validity of the GTs and Cs shall not be affected. This also applies in the case of individual written contracts.
6. Further letting of the rented rooms as well as their use for the purposes other than accommodation or for purposes other than those agreed in the contract require a prior written consent of the hotel.
III. Accommodation Services
1.The hotel is obliged to make the reserved rooms available from 2.00 p.m. on the day of arrival. The client is only entitled to have the room ready before the set time only if such an arrangement has been expressly agreed with the hotel when concluding the contract. The client is not entitled to have a particular room made available unless specifically agreed on with the hotel. In case the room is available at an earlier time between 10.00 a.m. and 1.59 p.m. on the day of arrival, the hotel has the right to charge 50% of the list price. In case of an early check-in between 6.00 a.m. and 1.59 p.m. on the day of arrival, the hotel is entitled to charge 80% of the list price.
2. The client is obliged to vacate the room and check out on the agreed departure day no later than 11.00 a.m. on the departure day, unless otherwise agreed beforehand. In the event the guest fails to vacate the room on time, the hotel is entitled to charge 25% of the list price if the room is vacated by 1.00 p.m., 50% of the list price if the room is vacated before 5.00 p.m. and 100% of the list price is charged after 5.00 p.m. without any contractual entitlement to the hotel's services related to the accommodation.
3. If the client has not checked in by 6.00 p.m. on the day of arrival and a late arrival has not been expressly agreed, the hotel is entitled to offer the reserved room to another client.
4. If the client checks in before 6.00 a.m., they are obliged to pay the rate for the entire previous night.
5. The client is obliged to report any shortcomings, faults or reservations to the hotel reception immediately after moving into the room. If the client inflicts damage to the room or its inventory and fails to notify the hotel reception of these facts before departure, the client is obliged to compensate the hotel in full for the damage.
6. The client's stay at the hotel is governed by the hotel's accommodation regulations and operating rules, which are binding.
7. The hotel is obliged to allow the client to store valuables or objects of a high financial, social or intellectual value in a safe place (the hotel safe). If the client does not exercise his right and the damages such as loss, misuse, theft or otherwise have incurred, the hotel shall be liable only to a limited extent. The hotel is accountable for the loss of jewellery, money and other valuables up to €300. The damages can be only awarded within the timeframe of 15 days at the latest, from the moment the injured party became aware of the loss or damage. It is presumed that the damage was known on the day of departure from the hotel.
IV. Prices for the Hotel Services and Payment Terms
1. The client is obliged to pay the agreed price for the services provided. This provision also applies to the services rendered following an explicit request of the client to third parties.
2. The agreed price is the price stated in the booking confirmation. Otherwise, the published list prices apply.
3. The prices stated in the hotel's price list are final, including VAT. However, the local taxes are not included.
4. If the period between the conclusion of the contract and the provision of the services exceeds 4 months, during which the hotel prices have grown, there might be a price increase of a maximum of 10% of the agreed price.
5. The hotel may also change the price if the client makes changes in their booking with the hotel's consent, such as the number of rooms, the range of hotel services, the length of stay, etc.
6. The hotel is entitled to demand payment in advance upon the conclusion of the contract.
7. Payment by card can be made both before and after the hotel services have been used, pursuant to the data granted by the client. By providing data for payment by card, the client agrees to its use. The hotel is also entitled to charge the client's payment card for any differences that are found after the client's departure /e.g., the minibar consumption, compensation for damages, fines, etc./, to which the client agrees. However, the hotel is obliged to inform the client in writing /e-mail/ of any additional settlement of differences on the client's payment card and the reasons for such additional settlement.
8. In the event of late payment, the hotel is entitled to charge interest at the rate of 0.5% of overdue payment for each day of the delay.
1. In order to ensure proper preparation of the event, the organizer of the event is obliged to notify the hotel in writing of the final number of participants at least 7 working days before the event takes place.
2. In case the client wishes to extend the range of required services, the hotel will try to meet their expectations to the best of their ability, treating such a request as a good trader. However, the client has no legal right to require such a modification within the range of services.
3. Change in the number of participants of the event by more than 10% must be agreed in writing with the hotel in advance. In the event of such a change / alteration/, the hotel reserves the right to offer the rooms which differ from the original confirmed booking. Nevertheless, both standard and technical equipment must be maintained.
4. If the number of participants exceeds more than 10%, the hotel is also entitled to revise and change price agreed. Billing is based on the actual number of participants.
5. The organiser is also obliged to notify the hotel in writing of: a) the arrangement of the venue at least 10 days before the event. If the organiser changes the arrangement of the room after this date, the hotel reserves the right to charge a reorganisation fee of € 200. b) the necessary technical support no later than 10 days before the event. If the technical equipment is not used during the event, the hotel requires full payment based on the price quotation. c) coffee breaks, menu, and the choice of beverages no later than 10 days before the event. If the client fails to notify the hotel of the above in advance, it is allowed to make the choice instead. The hotel is not obliged to accept change of catering arrangements fewer than 10 days before the event. (d) the exact timetable of the event including the use of individual rooms at least 10 days before the start of the event. The reserved rooms will be available only for the time previously agreed. Any changes to the timetable must be approved by the hotel in advance. In case the timetable changes fewer than 10 days before the event, the hotel may charge an additional fee.
6. If there are events taking place in Patisserie, Cognac Club, Business Lounge that last longer than 10.00 p.m., the hotel may impose a service charge unless the price agreement considered longer duration of the event beyond opening hours.
7. The event organiser and its orderer are not entitled to supply their own food or beverages, unless having previously agreed on such arrangement in writing. In such cases, the hotel will charge a service charge.
8. The event organiser and its orderer are jointly and severally liable for the payment for the consumption of food and beverages ordered by the event participants in excess of the agreed total cost.
9. The event organiser and the orderer are jointly and severally liable for the payment for services ordered by the event participants beyond the agreed total cost.
10. The hotel shall not be liable for any infringement of intellectual property rights by the client. The organiser /orderer/ is required to settle all obligations towards copyright protection organizations in their own name, at their own responsibility and at their own expense.
11. The event organiser or the orderer are obliged to inform the hotel without delay if the event is likely to cause public interest, disturb public order, interfere with its operation or threaten both the hotel and other hotel guests´ interests. The hotel is entitled to take adequate measures to prevent such a situation and the client is obliged to bear them.
12. Advertisements in newspapers or other press releases in the media (print, electronic, etc.), advertisements and announcements aimed at the general public, in particular invitations to job interviews, political, religious and commercial events, which could imply any relationship with the hotel or can damage the hotel's good name or exploit its reputation, require prior written consent of the hotel.
13. If the hotel procures technical and other equipment from third parties to respond to the event organiser's request, it always does so in the name, on behalf of, with the full power of attorney. The bill is settled by the organiser or orderer of the event. The hotel does not thereby incur any obligations towards third parties and the claims of third parties pertaining to the use of such equipment are to be settled by the organisers /orderers/ of the event.
14. Should the event organiser or the orderer use their own electrical, electronic and technical equipment on the premises, the hotel's written consent is required. The hotel reserves the right to charge extra cost for such devices and equipment which increase power consumption or operating costs of the hotel beyond reasonable and customary limits.
15. The organiser of the event is fully liable for any malfunction or damage to the technical equipment of the hotel resulting from the use of own devices and is obliged to pay the costs for returning the equipment to its former state. The hotel staff or third parties are entitled to inspect such equipment and take measures to prevent or avoid the occurrence of such a condition and the client is obliged to tolerate such an action.
16. The organiser, or the orderer of the event is fully responsible for the safety of the technical, electronic or electrical equipment used at the function.
17. Any decorative material or object brought in must comply with the fire safety regulations. The hotel is entitled to seek relevant public authorities’ opinion. In order to prevent possible damage, the installation and placement of any materials and objects must be agreed in advance with the hotel.
18. Exhibits and other items which were brought in must be removed immediately after the event. If the event organiser or orderer neglect to do this and leave the items on premises, the hotel is entitled to charge extra rent until the items are removed. The hotel shall also be entitled to remove and store the items at the expense of the event organiser or its orderer, without having to enter into a contract on safekeeping and custody.
VI. Advance Payment for Services
1. Unless otherwise agreed in writing, the hotel shall be entitled to require an advance payment of 100% of the total price, no later than 10 days before the services are to be used or the event is to take place.
2. In the event that the deposit is not paid on time, the hotel reserves the right to cancel the reservation without prior notice.
3. When private events, such as wedding receptions, birthday and ribbon parties or similar functions are held, the hotel is entitled to request a non-refundable advance payment of € 1,000 upon the confirmation of a binding booking. Advance payment is the confirmation of the binding nature of the contract. The deposit paid is non-refundable in the event of cancellation and serves as a contractual penalty – compensatory damages /loss of earnings/. The second advance payment of 80% of the total estimated price must be paid no later than 30 days before the event. The client is obliged to pay the balance to cover the actual price of the provided services within 24 hours after the event.
4. The hotel is entitled to require a guarantee in the form of a pre-authorised payment card or cash deposit upon arrival. Similarly, the hotel will make a pre-authorisation of € 50 per stay upon the client's check-in as a guarantee of payment for the consumption from the minibar. The exact sum for the consumption will be charged after checking the minibar in the room where the client has stayed. The hotel will do the same in case a client wishes to have the bill for the consumption and other services used in the hotel credited to their account, in which case the amount of € 150 per stay will be pre-authorised. If the pre-authorised amount of € 150 is used up, the hotel is entitled to a further pre-authorisation of € 150.
VII. Withdrawal, Cancellation of Orders. Cancellation Rules
1. The client has the right to cancel the ordered services or the event.
2. When cancelling booked events and services, the hotel is entitled to the compensation in the form of a cancellation fee, which is determined by a percentage of the fixed price for the services or the event, depending on the number of persons for whom the event /services/ are arranged and the time that has passed from the date of cancellation of the service or event to the scheduled start of the provision of services or events.
3. Unless otherwise stipulated or agreed, the cancellation charges are as follows: - cancellation between 31st - 60th day before the scheduled provision of services or the organisation of events represent 20% of the estimated price; - cancellation between 15th - 30th day before the scheduled provision of services or the organisation of events represent 50% of the estimated price; - cancellation between 8th - 14th day before the scheduled provision of services or the organisation of events represent 80 % of the estimated price; - cancellation fewer than 7 days before the scheduled provision of the services or the organisation of events represent 100 % of the estimated price.
4. Unless otherwise stipulated or agreed, the hotel is entitled to charge the following cancellation fees relative to the accommodation of clients: - cancellation 21 days or more before the scheduled stay is free of charge - cancellation between 14th - 20th day before the scheduled provision of services or the organisation of events represent 50% of the estimated price; - cancellation between 7th - 13th day before the scheduled provision of services or the organisation of events represent 80% of the estimated price; - cancellation 6 days or less before the scheduled provision of services or the organisation of events represent 100% of the estimated price.
5. The fact the hotel orders technical equipment for the booked event and the expenses have already been incurred and cannot be covered in another way means they shall be borne in full by the client.
6. For the provision of catering services, the total price is the sum of agreed prices for drinks, food, room rental and charges for other services. If such price has not been fixed, the following formula shall apply for the calculation: the lowest price of the banquet menu x the number of persons.
7. Gift vouchers are valid for one year, starting from the date of purchase. The expiry date of the voucher can be extended by a maximum of 1 month in case of a timely request. Multiple extensions are not possible. In case the gift voucher has not been used, the cancellation fee is 100% of its price. The purchased voucher can neither be refunded nor returned or exchanged for cash or other financial compensation. The voucher is issued for a single use. If there is a difference between the value of services booked and the actual services provided during their stay, i.e., the value is lower than that of the voucher, the difference is non-refundable. If the value of the services is higher than that of the voucher, the client is obliged to compensate the price difference.
VIII. Hotel´s Withdrawal from the Contract
1. The hotel is entitled to withdraw from the contract if the client´s reservation has been made with an option to withdraw from the contract within a certain period without the obligation to pay, and there is a demand for the particular rooms and the client does not waive his right to withdraw on the hotel's return request.
2. The hotel is also entitled to withdraw from the contract if: - this right has been agreed in writing with the client for the reasons stated in the contract; - the client does not insist on the performance of the contract; - the client has outstanding debts to the hotel; - payment in advance or prepayment is agreed at the time of booking and the client fails to fulfil their obligation in time, but the hotel may only withdraw from the contract until the client has fulfilled their obligation; - there are circumstances which the hotel cannot be held accountable for /e.g., force majeure/ and that make it impossible to perform the contract; - the services or the event have been booked by providing false, misleading or incorrect information from the client or other material facts; - the hotel has reasonable grounds to believe that the use of the hotel services could jeopardise its proper operation, safety or the reputation of the hotel, without such circumstances being attributable to the owners or the hotel organisation.
IX. Liability for the Damage Inflicted to Personal Belongings and Items Left Behind
1. The hotel is liable for damaging personal belongings brought in or deposited by the guests unless the damage has been caused otherwise. Personal belongings are the items which have been brought into the areas reserved for accommodation, safekeeping or handed over to a member of the hotel staff for either of these purposes.
2. The hotel bears responsibility for jewellery, money and other valuables up to €300, on condition they have been stored and locked in a designated place. The compensation claim shall be dismissed if it has not been filed within 15 days since the injured client became aware of the damage.
3. The provision of a parking space in a car park does not give rise to a custody or storage contract. The hotel is not liable either for loss or damage to the vehicles parked or immobilized on its grounds or their accessories.
4.The hotel is not answerable for injuries inflicted during leisure time activities of any kind unless the damage was caused by the hotel's gross negligence or willful misconduct.
X. Special Provisions
1. Animals are prohibited on the premises. In case this rule us violated, a fine of €500 is charged.
2. Smoking is allowed only in the specially designated areas. Smoking is prohibited in other areas of the hotel, i.e., all other indoor areas and rooms. If this prohibition is breached, the hotel has the right to impose a fine of € 500 per each act of violation.
3. No hazardous or dangerous substances, such as explosives, ammunition, corrosives, poisons, toxic, infectious or radioactive materials may be brought to the hotel.
4. The hotel will accept messages, deliveries of mail and packages of goods intended for guests. The guests' shipments will be sent upon request and are a subject for a payment of a fee.
5. The hotel will forward forgotten items only at the client's request. These items shall be stored at the hotel for a maximum period of six months. At the end of this period, the items of apparent value shall be handed over to the relevant authorities.
6. Children aged 15 and over are allowed to stay at the full price according to the current price list.
7. Prices are quoted in € (EURO).
XI. Final Provisions
1. These general terms and conditions and legal relations arising from them are governed by the Slovak law.
2. Should individual provisions of these general terms and conditions be or become ineffective or invalid, the validity or effectiveness of the remaining provisions of these general terms and conditions shall not be affected.
3. Clients confirm their acceptance of these General Terms and Conditions in force when placing an order. The Hotel reserves the right to make changes to these general terms and conditions. The obligation to notify the general terms and conditions in writing is fulfilled by placing them in easily accessible points on the hotel premises as well as on the hotel website www.hotelerb.sk.
XII. Information on the resolution of consumer disputes
The competent entity for the alternative solving of consumer disputes with the hotel as the seller is:
Slovenská obchodná inšpekcia (Slovak Trade Inspection), at Inšpektorát SOI pre Banskobystrický kraj Dolná 46, 974 00 Banská Bystrica 1
(Inspectorate of the Slovak Trade Inspection with the seat in Banská Bystrica for the region of Banská Bystrica)
Department of control administration firstname.lastname@example.org, Phone: +421/2/58 27 21 30, www.soi.sk
V Banská Štiavnica on March 24th, 2022
Ing. Mária Siváková, the Hotel Manager and the Managing Director