Terms and Conditions
OREA HOTELS s.r.o.
with registered office at Na Pankráci 1062/58, Prague 4, Postal Code 140 00
ICKO: 271 76 657
DIC: CZ699006295
file number C 159834, registered at the Municipal Court in Prague
for the sale of OREA HOTELS & RESORTS gift vouchers and value vouchers via the on-line shop located at www.orea.cz
1. INTRODUCTORY PROVISIONS
1.1
These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the trading company OREA HOTELS s.r.o., with its registered office at Prague 4, Na Pankráci 1062/58, Postal Code 140 00, identification number 271 76 657 (hereinafter referred to as the "Seller") regulate the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and a natural or legal person (hereinafter referred to as the "Buyer") through the use of the Seller's website www.The online shop is operated by the Seller at the Internet address www.orea.cz, through a web interface (hereinafter referred to as the "web interface of the shop").
1.2
The Terms and Conditions of Business further regulate the rights and obligations of the parties when using the Seller's website located at www.orea.cz (hereinafter referred to as the "Website") and other related legal relations. The Terms and Conditions do not apply where a person who intends to purchase goods from the Seller is acting in the course of his or her business when ordering goods.
1.3
The provisions of the Terms and Conditions form an integral part of the contract of sale. By submitting an order, the buyer confirms that he has read these terms and conditions and that he agrees to them. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language.
1.4
The Seller reserves the right to amend and supplement the terms and conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions. It is the Buyer's obligation to familiarize himself with the wording of the Terms and Conditions and any changes thereto before each purchase.
2. CLIENT ACCOUNT
2.1
Following an order placed by the Buyer on the Website, the Buyer will receive login details (username and password) for the purpose of accessing the client interface (hereinafter referred to as the "Client Account"). From his Client Account, the Buyer can furthermore place and manage orders for goods. The Buyer is obliged to maintain the confidentiality of the information necessary to access his Client Account and acknowledges that the Seller shall not be liable for any breach of this obligation by the Buyer and any damage resulting from such breach.
2.2
The Buyer shall update the information provided in the Client Account whenever it changes. The information provided by the Buyer in the Client Account and when ordering the goods shall be deemed correct by the Seller.
2.3
The Buyer is not entitled to allow third parties to use the Client Account.
2.4
The Seller may cancel the Client Account, in particular if the Buyer does not use his Client Account for more than 1 year or if the Buyer breaches his obligations under the Purchase Agreement (including the Terms and Conditions).
2.5
The Buyer acknowledges that the Client Account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment or necessary maintenance of third party hardware and software equipment.
3. GOODS
3.1
The Seller offers on the Website:
- Value vouchers with a nominal value of CZK 1,000 or more for payment of all hotel services in all hotels and restaurants of OREA HOTELS & RESORTS;
- hotel stay vouchers for a specific stay, hotel or catering services in a specific hotel.
3.2
Vouchers:
Contain a unique identification code;
can only be redeemed once;
cannot be exchanged for cash;
cannot be replaced if lost;
cannot be used to pay for (book) the Seller's discounted hotel services (packages, etc.) presented on www.orea.cz (special conditions for these promotions apply as specified for the relevant Seller's discounted offer);
delivered by post are valuables and are hologrammed, the buyer cannot print them himself
4. CONCLUSION OF THE PURCHASE CONTRACT
4.1
The web interface of the Shop contains a list of the goods offered for sale by the Seller, including the prices of each item offered. The offer for sale of the goods and the prices of these goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.
4.2
The web interface of the shop also contains information on the costs associated with the packaging and delivery of the goods.
4.3
The Buyer may conclude the Purchase Contract by accepting the proposal to conclude the Contract on the web interface of the Shop. To order the goods, the Buyer shall fill in the order form on the web interface of the Shop. The order form contains in particular information on:
(a) the goods to be ordered (the goods to be ordered are "inserted" by the Buyer into the electronic shopping cart of the web interface of the Shop),
b) the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods, and
c) information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").
4.4
Prior to sending the Order to the Seller, the Buyer shall be allowed to check and amend the data entered by the Buyer in the Order, including with regard to the Buyer's ability to identify and correct any errors made in entering data into the Order. The Buyer sends the order to the Seller by clicking on the "send order" button. By sending the order, the Buyer guarantees that:
- all the information provided to the Seller for the purpose of ordering the goods is correct (the information provided in the order is considered correct by the Seller);
- is authorised to use a credit or debit card (hereinafter referred to as "credit card") and has sufficient resources to cover the cost of the goods ordered.
4.5
Immediately upon receipt of the order, the Seller shall confirm the conclusion of the Purchase Contract to the Buyer by electronic mail to the Buyer's electronic mail address specified in the user account or in the order (hereinafter referred to as the "Buyer's electronic address"). The Purchase Contract shall be concluded upon the Buyer's sending of the order (after having selected the shipping and payment method) and delivery of the acceptance of the order (acceptance) by the Seller to the Buyer's electronic address. The Seller is not responsible for any errors in data transmission.
4.6
In order to protect information when ordering, the Website uses a software package known as Secured Sockets Layer (SSL), which is indicated by a lock that appears in the bottom right corner of the web browser (the grey border of the screen).
4.7
Depending on the nature of the order (quantity of goods, amount of the purchase price), the Seller is always entitled to ask the Buyer for additional confirmation of the order in a trustworthy manner (e.g. in writing or by telephone). In case of refusal of confirmation by the Buyer, the Seller considers the order invalid.
4.8
The Buyer acknowledges that the Seller is not obliged to conclude the Purchase Contract, in particular:
(i) with persons who have previously materially breached the Purchase Agreement (including the Terms and Conditions),
ii) where the Buyer orders goods at a price published in error due to an error in the web interface of the shop.
4.9
The Seller reserves the right to refuse an order or part of an order where the price of the goods offered has changed significantly. In the event that such a situation arises, the Seller shall immediately contact the Buyer in order to agree on a further course of action. If the buyer has already paid the purchase price, it will be refunded.
4.10
The Seller reserves the right to declare the Purchase Contract null and void if personal data, credit cards, etc. have been misused or due to the intervention of an administrative or judicial authority; it shall inform the Buyer of such action. The Buyer acknowledges that in the above cases the purchase contract cannot be validly concluded.
4.11
The Buyer agrees to the use of remote means of communication for the conclusion of the Purchase Contract. Costs incurred by the Buyer in the use of distance communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer.
5. PRICE OF THE GOODS AND PAYMENT TERMS
5.1
The prices listed for the individual goods:
(i) are final, i.e. including value added tax and any other taxes and charges that the Buyer must pay to obtain the Goods;
ii) include the local charge for the spa and leisure stay (does not apply to value vouchers);
iii) do not include any delivery costs, which vary according to the chosen method and shipping provider and are only indicated in the shopping cart and are based on the buyer's choice.
5.2
Prices are valid at the time of ordering the goods. Promotional prices are valid until stocks run out when the number of pieces of the promotional goods is indicated or for a period of time specified. The Seller reserves the right to printing errors and price changes in the event of changes in monetary rates, significant increases in inflation or significant changes in supplier terms and conditions from sub-suppliers.
5.3
The Buyer may pay the price of the Goods and any costs associated with the delivery of the Goods under the Purchase Contract to the Seller in the following ways:
(i) by credit card via the GPE secure online payment gateway
(we accept MasterCard, VISA, VISA Electron, Maestro);
ii) by cashless payment to the Seller's account with Raiffeisenbank a.s., account number 5080120565/5500.
In case of non-cash payment, the purchase price is payable within five (5) working days from the date of conclusion of the purchase contract.
In case of non-cash payment, the Buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment, which is the order number. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.
5.4
Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
Price list for distribution of goods:
Czech Post - registered mail 60,- CZK
Czech Post - EMS* 150,- CZK
abroad - registered mail 250,- CZK (10 EUR)
* EMS delivery method:
- Express mail only in the Czech Republic
- delivery in own hands on the next working day after the day of dispatch of the goods
- on request, delivery also on Saturday
- in case of failure to reach the addressee, the parcel remains stored at your post office
5.5
Any discounts on the price of the goods granted by the seller to the buyer cannot be combined with each other.
5.6
If it is customary in the course of business or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - an invoice - to the Buyer in respect of payments made under the Purchase Agreement. The Seller is a payer of value added tax. The tax document - invoice shall be issued by the Seller to the Buyer upon request after payment of the price of the goods and sent in electronic form to the Buyer's electronic address.
6. DELIVERY OF GOODS
6.1
The Goods shall be dispatched within three (3) working days of receipt of payment. The Seller shall not be liable for any delays in delivery times that may occur on the part of the Czech Post. The Buyer acknowledges that delivery times may be longer during holidays and vacation periods.
6.2
The risk of damage to the goods passes to the Buyer upon acceptance of the goods. The same consequence shall apply if the Buyer does not take possession of the goods although the Seller has allowed him to dispose of them.
6.3
The seller shall hand over the goods to the buyer as well as the documents relating to the goods and shall allow the buyer to acquire ownership of the goods in accordance with the contract.
6.4
The method of delivery of the Goods shall be determined by the Seller unless otherwise specified in the Purchase Contract. If the method of delivery is agreed upon at the request of the Buyer (the carrier is determined by the Buyer without having been offered by the Seller), the Buyer bears the risk and any additional costs associated with this method of delivery. In such case, the Seller shall hand over the goods to the Buyer by handing them over to the first carrier for carriage for the Buyer and shall allow the Buyer to exercise the rights under the contract of carriage against the carrier.
6.5
The Seller shall comply with the obligation to hand over the goods to the Buyer if it allows the Buyer to dispose of the goods at the place of performance specified in the Purchase Contract and notifies the Buyer in due time.
6.6
If the Seller is obliged under the Purchase Contract to deliver (dispatch) the goods to the place specified by the Buyer in the Purchase Order, the Seller shall hand over the goods to the Buyer as soon as the goods have been handed over to the Buyer by the carrier.
6.7
In the event that for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Buyer shall pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
6.8
If it is not agreed how the goods are to be packed, the Seller shall pack the goods according to custom; if not, then in a manner necessary for the preservation and protection of the goods. The Seller shall provide the goods for carriage in the same manner.
6.9
On receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects notify the carrier immediately. In the event that the packaging is found to have been breached, indicating that the shipment has been tampered with, the Buyer may not accept the shipment from the carrier. By signing the delivery note, the buyer confirms that the shipment of goods has met all conditions and requirements and that any subsequent claims regarding the breach of the packaging of the shipment cannot be taken into account.
7. WITHDRAWAL FROM THE PURCHASE CONTRACT
7.1
In accordance with the provisions of Section 1829, Paragraph 1 of the Civil Code, the Buyer has the right to withdraw from the Purchase Contract without giving any reason within fourteen (14) days of receipt of the goods or within fourteen (14) days of the date of receipt of the last delivery of the goods if the subject of delivery is several types of goods or delivery of several parts. The notice of withdrawal must be sent to the Seller, by the last day of the 14-day period at the latest, to the Seller's address or to the Seller's e-mail address.
7.2
The Buyer acknowledges that according to the provisions of Section 1837, letter j) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), it is not possible to withdraw from a contract for accommodation, transport, catering or leisure time if the entrepreneur provides these services at the specified time.
8. RULES FOR THE USE OF GOODS
8.1
Vouchers are valid for 12 months from the date of purchase, unless a specific date for redeeming the voucher is specified (e.g. the date of the stay). The specific expiry date is indicated on the goods. The goods can be redeemed on any date stated in the validity period of the goods according to the capacity of the selected hotel. If the voucher is not used within this period, it is forfeited without refund. The voucher can only be used for reservations of hotel services (stays, etc.) made by the Seller via www.orea.cz or via the Seller's reservation department (see contact details at www.orea.cz/kontakty-pro-rezervaci), not for offers (reservations) of third parties (service providers, etc.). The voucher cannot be used for stays during Christmas, New Year's Eve, Easter, spring and summer holidays. The hotel has the right to refuse a stay on a stay voucher.
8.2
The purchased voucher cannot be cancelled.
8.3
In the case of hotel stay vouchers, the content of the voucher is fixed and cannot be changed for other services within the scope of the services provided by the seller.
8.4
If, in the case of value vouchers, the price of the services selected exceeds the amount of the voucher, it can be paid in cash.
8.5
The name of the owner is not marked on the goods; it can be redeemed by the person who surrenders it at the point of redemption. Photocopies are not accepted.
8.6
Drawdown of services under the voucher must be booked in advance and the drawdown of goods must be advised at the time of booking. Cancellations notified less than 24 hours in advance or failure to attend the booked appointment will result in the voucher being cancelled.
8.7
Any special arrangements relating to booking appointments must be made directly with the chosen hotel. The Vendor recommends reconfirming all arrangements directly with the hotel a few days prior to implementation to avoid any inconvenience.
8.8
The voucher must be used once, continuous use of services is not possible. No refund will be given if the full value of the voucher is not used.
8.9
The Seller undertakes to provide the services for which the goods have been purchased in accordance with the description on the Website, always with sufficient competence and care. The Seller does not hereby undertake any other warranties.
9. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
9.1
The Buyer acknowledges that the software and other components forming the web interface of the Shop (including photographs of the goods offered) are protected by copyright. The Buyer undertakes not to take any action that could enable him or third parties to interfere with or make unauthorised use of the software or other components of the web interface of the Shop.
9.2
The Buyer is not entitled to use mechanisms, software or other procedures that could negatively affect the operation of the web interface of the Shop when using the web interface of the Shop. The web interface of the Shop may only be used to the extent that it does not infringe the rights of other customers of the Seller and is consistent with its purpose.
9.3
The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826, Paragraph 1, Letter e) of the Civil Code.
9.4
The Buyer acknowledges that the Seller shall not be liable for errors resulting from third party interference with the Website or from the use of the Website contrary to its intended use.
10. PROTECTION OF PERSONAL DATA AND SENDING COMMERCIAL COMMUNICATIONS
10.1
The protection of personal data of the Buyer, who is a natural person, is provided in particular by Regulation (EU) 2016/679 of the European Parliament and of the Council.
10.2
By consenting to the processing of personal data within the Seller's website, the Buyer consents to the collection and processing of his/her personal data by the Seller for the purpose of exercising the rights and obligations under the Purchase Agreement. If the Buyer wishes to be sent commercial communications and related information by the Seller, the Buyer may subscribe within the Seller's website. This subscription can be cancelled at any time by a link in the email. Within the Seller's website, the Buyer is obliged to acquaint himself with the information about his rights regarding data protection.
10.3
The Buyer acknowledges that he is obliged to provide his personal data (when registering, in his user account, when placing an order from the web interface of the shop) correctly and truthfully and that he is obliged to inform the Seller without undue delay of any change in his personal data or to exercise his right to request the correction or completion of inaccurate personal data using the form HERE.
10.4
The Seller, as the data controller, may entrust a third party, as processor, with the processing of the Buyer's personal data. Apart from the persons transporting the goods, personal data will not be passed on by the Seller to other third parties without the Buyer's prior consent.
10.5
Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner, but always in compliance with legal requirements, in particular in the area of data security. Personal data will be processed for the time necessary for the performance of the purchase contract or for the period of other agreed performance. Information on the processing time for each category of personal data can be obtained by using the form HERE.
10.6
The Buyer confirms that the personal data provided is accurate and that he/she has been advised that this is a voluntary provision of personal data. The Buyer declares that he/she has been advised that he/she can withdraw consent to the processing of personal data in relation to the Seller by using the form HERE. The Buyer is aware that certain personal data provided to the Seller is necessary for the performance of the contract.
10.7
The Buyer has the right to object to the processing of personal data relating to him/her via the form HERE. The Seller shall not further process the personal data unless it demonstrates compelling legitimate grounds for the processing which override the interests or rights and freedoms of the Buyer or for the establishment, exercise or defence of legal claims. In the event of an objection to processing for direct marketing purposes, the personal data will no longer be processed for these purposes. The purchaser has the right to lodge a complaint with the Data Protection Authority even if his objection is not upheld. The buyer's right to judicial protection in the event that he believes that his rights regarding the protection of personal data and the processing of personal data have been violated by the seller or another processor is not affected.
10.8
The Buyer has the right to request, via the form HERE, the Seller to confirm whether the Buyer's personal data is being processed and, if so, to access information on a) the purpose of the processing; b) the category of personal data concerned; c) the recipient or category of recipients; d) the intended period for which the personal data will be stored; (e) the existence of a right to request the seller to rectify or erase personal data relating to the buyer or to restrict their processing; (f) the right to lodge a complaint with a supervisory authority; (g) any available information about the source of the personal data, unless it is obtained from the buyer; (h) the fact that automated decision-making is taking place.
10.9
The Buyer is entitled to ask the Seller, using the form HERE, to erase personal data relating to the Buyer if one of the following grounds applies: (a) the personal data is no longer necessary for the purposes for which it was collected or otherwise processed; (b) the Buyer has withdrawn the consent on the basis of which the data was processed and there is no further legal basis for the processing; (c) the Buyer has objected to the processing and there are no overriding legitimate grounds for the processing; or; (d) the personal data has been unlawfully processed; (e) the personal data must be erased to comply with a legal obligation under European Union or Czech law; or (f) the personal data was collected in connection with the offering of information society services. Where the Seller has disclosed personal data and is obliged to erase it, it shall take reasonable steps, taking into account the technology available and the cost of implementation, including technical measures, to inform the Processor of the request to erase any references to, copies or replications of such personal data. The foregoing shall not apply where necessary (a) for the exercise of the right to freedom of expression and information; (b) for compliance with a legal obligation requiring processing under European Union or Czech law or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Seller as controller; (c) for reasons of public interest in the field of public health; (d) for archiving purposes in the public interest, for scientific or historical research purposes or for statistical purposes, where the aforementioned right is likely to prevent or seriously jeopardise the fulfilment of the purposes of the processing; (e) for the establishment, exercise or defence of legal claims.
10.10
The Buyer is entitled to ask the Seller, using the form HERE, to restrict processing, in any of the following cases: a) the Buyer denies the accuracy of the Personal Data; b) the processing is unlawful and the Buyer refuses to erase the Personal Data and requests instead that the use of the Personal Data be restricted; c) the Seller no longer needs the Personal Data for the purposes of the processing but the Buyer requires it for the establishment, exercise or defence of legal claims; d) the Buyer objects to the processing. If the buyer's request is successful, the buyer is entitled to receive notification from the seller that the restriction on the processing of personal data will be lifted. If the processing has been restricted, the personal data may only be processed, except for storage, with my consent or for the establishment, exercise or defence of legal claims, for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or a Member State.
10.11
The Seller shall notify the individual recipients to whom personal data has been disclosed of any rectification or erasure of personal data or restriction of processing as set out above, except where this proves impossible or requires disproportionate effort. The purchaser will be notified of this if requested via the form HERE.
10.12
The Buyer shall have the right to obtain personal data concerning him/her which he/she has provided to the Seller as controller in a structured, commonly used and machine-readable format and the right to have such data transferred to another controller, without hindrance from the controller to whom the personal data has been provided i.e. the Seller, directly by the Seller, where technically feasible, where: a) the processing is based on consent or contract; and b) the processing is carried out by automated means. The exercise of this right shall not adversely affect the rights and freedoms of others. That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
10.13
The Buyer has the right not to be subject to any decision based solely on automated processing, including profiling, which has legal effects on him or her or similarly significantly affects him or her. This right shall not apply if the decision is: a) necessary for the conclusion or performance of a contract between the Buyer and the Seller; b) permitted by European Union or Czech law; or c) based on the Buyer's express consent. In the cases referred to in points (a) and (c), the Seller shall take appropriate measures to protect the rights and freedoms and legitimate interests of the Buyer, at least the right to human intervention by the Seller, the right to express an opinion and the right to challenge the decision.
11. SENDING
11.1
Unless otherwise agreed, all correspondence relating to the Purchase Contract must be delivered to the other party in writing by electronic mail, in person or by registered mail through a postal service provider (at the sender's choice). The Buyer shall be delivered to the e-mail address specified in his/her user account.
11.2
The message is delivered:
(i) in the case of delivery by electronic mail, at the moment of its receipt on the incoming mail server; the integrity of messages sent by electronic mail may be ensured by a certificate,
ii) in the case of personal delivery or delivery by a postal service provider, by the recipient's acceptance of the item,
(iii) in the case of personal delivery or delivery through a postal service provider, also by refusal to accept the consignment if the addressee (or the person authorised to accept the consignment on his behalf) refuses to accept the consignment,
(iv) in the case of delivery through a postal service operator, by the expiry of the period of ten (10) days from the deposit of the consignment and the giving of a notice to the addressee to take delivery of the deposited consignment, if the consignment is deposited with the postal service operator, even if the addressee has not become aware of the deposit.
12. FINAL PROVISIONS
12.1
Relations and any disputes arising under or in connection with the Agreement shall be governed exclusively by the law of the Czech Republic and shall be settled by the competent courts of the Czech Republic.
12.2
In the event of a dispute arising from the Purchase Contract between the Seller and the Buyer that cannot be resolved by mutual agreement, the Buyer may submit a proposal for out-of-court dispute resolution to the designated consumer dispute resolution body, which is:
Czech Trade Inspection Authority
Central Inspectorate - ADR Department
Štěpánská 15
120 00 Prague
Email: adr@coi.cz
Website: adr.coi.cz
The form for initiating an out-of-court consumer dispute resolution (ADR) procedure can be found here.
For more information on out-of-court dispute resolution, please click here. Before proceeding to out-of-court dispute resolution, the seller recommends contacting the seller first to resolve the situation.
12.3
The Buyer may also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.
12.4
The contract is concluded in the Czech language. If a translation of the text of the Contract arises for the Buyer, the interpretation of the Contract in the Czech language shall apply in the event of a dispute over the interpretation of terms.
12.5
The Seller is entitled to sell goods on the basis of a trade licence and the Seller's activities are not subject to any other authorisation. Trade control is carried out within the scope of its competence by the competent trade authority.
12.6
If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and supplements to the contract of sale or the terms and conditions shall be in writing.
12.7
The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not publicly accessible.
12.8
Seller's contact details:
(i) Delivery address Na Pankráci 1062/58, Prague 4, Postal Code 140 00,
ii) e-mail address eshop@orea.cz
12.9
These Terms and Conditions, including their components, are valid and effective from 1 March 2016 and supersede the previous version of the Terms and Conditions, including their components, and are available at the Seller's registered office or electronically at www.orea.cz.
