Terms and conditions
Terms and Conditions
in accordance with section § 1751 of Act No. 89/2012 Coll., Civil Code, as amended (” Civil Act “), to simplify the conclusion of contracts for accommodation in the boutique hotel The Emerald Prague at Žatecká 17/7, 110 00 Prague 1, Czech Republic (“ Hotel ”).
I. Introductory Provisions
- 1.1 These terms and conditions (” Terms and Conditions “) are an integral part of every accommodation contract between the Hotel operator, Fedrosa VD s.r.o., VAT ID: 176 41 942, with registered office at Sechterova 1515/4, Kunratice, 148 00 Prague 4 (” Hotel Operator “). and a legal or natural person (” Customer “), on the basis of which accommodation will be provided either directly to the Customer (natural person) or to a natural person for whose benefit it was, according to section . § 1767 Civil disciple. Accommodation contract concluded by the customer (” Guest “).
- 1.2 The guest is usually the customer. All persons staying with the Guest (e.g. family members) are considered Guests. If the person of the Guest is different from the person of the Ordering Party, the Ordering Party undertakes according to paragraph § 1769 Civil disciple. ensure the Hotel Operator that the Guest fulfills his obligations stated in these Terms and Conditions, in the accommodation (reservation) contract and in applicable legal regulations.
- 1.3 Deviating provisions in the accommodation (reservation) contract take precedence over the wording of the Terms and Conditions. The use of the Customer’s or Guest’s terms and conditions is excluded.
- 1.4 The terms and conditions do not apply to contracts for the use of the apartment for a purpose other than accommodation concluded between the Hotel Operator and the Customer, especially for commercial purposes (e.g. photography or filming). These contracts cannot be concluded in the manner provided for in Article II. paragraphs 2.1 and 2.2.
II. Entering of the accommodation contract, price of accommodation, Security
- 2.1The accommodation contract (also ” Contract ” or ” Reservation ” depending on the context) is concluded when the Customer accepts the Hotel Operator’s confirmation of the reservation. The Customer and the Hotel Operator usually conclude the Agreement through a means of communication, which enables the conclusion of the Agreement/making the Reservation without the simultaneous physical presence of the Hotel Operator and the Customer (especially through reservation platforms).
- 2.2 In the event that the Hotel Operator requests the Customer to provide a reservation deposit, the conclusion of the Agreement according to paragraph 2.1 becomes effective only after the payment of the reservation deposit or the pre-authorization of payment in the amount of the reservation deposit by credit card immediately after the conclusion of the Agreement/making the Reservation according to paragraph 2.1 above.
- Unless otherwise stipulated in these Terms and Conditions or in the Contract, the Customer is obliged to pay a reservation deposit in the amount of 100% of the accommodation price.
- The Hotel operator reserves the right to demand from the Customer, in addition to the reservation deposit, a deposit/security in order to ensure the fulfillment of the Guest’s obligations to return the key to the apartment and to the entrance door to the Hotel to the key box within 10 h on the day of departure after the apartment has been vacated. The customer pays the deposit/security in the same way and at the same time as the reservation deposit. Upon fulfillment of the Guest’s obligation, the security deposit will be returned to the Guest.
- The costs associated with the payment of the reservation deposit, deposit/guarantee or accommodation price are borne by the Customer. For payment by debit or credit card, the terms and conditions of the relevant card operator apply. In this context, the customer undertakes to provide these operators with the necessary data to make the payment via debit or credit card.
- 2.3 The accommodation price is the price determined by the Hotel Operator at the time of conclusion of the Contract/ execution of the Reservation according to paragraph 2.1. above. The accommodation price does not include the price for services mediated by the Hotel Operator and provided by third parties (e.g. airport transfer, massage, gift baskets).
III. Start and end of accommodation
- 3.1 The Hotel Operator is obliged to accommodate the Guest from 3:00 m. on the day of arrival to 10:00 a.m. on the day of departure , unless otherwise agreed in the Contract/Reservation.
- 3.2 On the day of departure, the Guest is obliged to vacate the apartment by 10:00 a.m., unless otherwise specified in the Reservation/Contract. If the apartment is not cleaned by this time, the Hotel Operator is entitled to charge the Customer the accommodation price for the further use of the apartment in the amount of the accommodation price that was agreed in the Contract. Furthermore, he is entitled to keep the deposit/security paid by the Guest according to Article II. paragraph 2.2, until the Guest vacates the apartment and returns the key to the apartment and to the entrance door to the Hotel in the key box.
IV. Guest rights
- By concluding the Agreement, the Guest has the right to use the apartment and the common areas of the Hotel in the usual way and to use the services connected with the accommodation (e.g. massages, sale of gift baskets, transfer to the airport). The Hotel operator warns the Guest that the Hotel does not have its own reception or hotel safe, the apartments do not have a minibar or safe.
V. Responsibilities of the Guest
- 5.1 The Guest is obliged to register ( check -in) before arriving at the Hotel by filling in the reservation form on the website emeraldprague.com or on the relevant reservation platform through which the Contract was concluded/Reservation was made. If the reservation form is not filled in, the Guest will not be provided with a code to the key box, from which he can collect the key to the apartment and to the entrance door to the Hotel.
- 5.2 The Guest is obliged to pay the price of the accommodation and other services provided to him by the Hotel Operator or through him at the latest at the time of departure from the Hotel.
- 5.3 The guest is not allowed to smoke in the apartment and in the common areas of the Hotel. Pets are not allowed in the Hotel or apartments.
- 5.4 The customer may not transfer the reserved apartment to another person or provide the apartment for a purpose other than the accommodation of the Guest and persons staying together with him without the prior written consent of the Hotel Operator (it can also be given by e-mail).
- 5.5 The Customer is liable to the Hotel Operator for all damages caused to the Hotel Operator by the Guest or persons staying with him. The Guest and/or other adults staying together with the Guest may not leave children under 10 years of age unattended. Its legal representatives are responsible for damages caused to the Hotel Operator by minors.
- 5.6 The Guest may not photograph the premises of the apartment and the Hotel without the prior written consent of the Hotel Operator, as these are works of authorship within the meaning of Act. No. 121/2000 Coll., Copyright Act, as amended. In the event of a violation of this prohibition, the Hotel Operator is entitled to assert its claims against the Guest in accordance with the applicable regulations of the Czech Republic, in particular under Act No. 121/2000 Coll., Copyright Act, as amended. In the case of taking selfies only for their own personal use, the Guest is obliged to ensure that the background or equipment of the apartment or the common areas of the Hotel are not visible in any way in the photos. This provision does not apply in the case of Guests who use the apartment and the common areas of the Hotel exclusively for the purpose of their accommodation and do not use the relevant areas for commercial purposes (e.g. for taking photos or filming).
- 5.7 The Customer/Guest may not publish (e.g. in the media or social networks) any information or photos related to the Hotel without the prior written consent of the Hotel Operator. This provision does not apply in the case of Guests who use the apartment and the common areas of the Hotel exclusively for the purpose of their accommodation and do not use the relevant areas for commercial purposes (e.g. for taking photos or filming).
VI. Early cancellation of accommodation by the customer
- 6.1 Unless otherwise agreed in the individual Contract or in paragraph 6.3 below, the Customer may cancel the Contract/Reservation early if he pays the Hotel Operator a cancellation fee in the amount of 100% of the reservation deposit or in the amount specified in the Reservation/Contract in the event of:
- cancellation of the reservation by the Customer 14 days or less before the day of arrival;
- The guest does not arrive (simply does not show up), or does not use the reserved apartment or leaves early before the end of the agreed accommodation period.
- 6.2 In the cases referred to in paragraph 6.1 above, the blocked or otherwise paid reservation advance is counted towards the payment of the cancellation fee, namely at the end of the day (24:00) when the facts foreseen in paragraph 6.1 occur; this does not apply in the cases mentioned in paragraph 6.3 below.
- 6.3 In the event that the Customer cancels the reservation 14 days or less before the day of arrival for a reason
- the death of a person close to the Customer/Guest and proves this fact to the Hotel Operator, or
- impossibility of the Guest arriving due to restrictions or prohibitions set by the public authorities of the Czech Republic or another country in which the Guest has a habitual residence or in which he works or stayed here before arriving in the Czech Republic (e.g. nationwide quarantine due to a pandemic),
- the provisions of paragraphs 6.1 and 6.2 do not apply and the Hotel Operator will not charge the Customer a cancellation fee and will return the blocked or otherwise paid reservation deposit including the deposit/security to the Customer.
VII. Premature cancellation of accommodation by the Accommodation Provider
- 7.1 The Hotel Operator may prematurely cancel the Agreement in the event that
- The customer does not immediately pay the reservation deposit according to Article II. paragraph 2.2;
- The guest does not check in within 24 hours of the day of arrival, unless the contracting parties have agreed on a later arrival time;
- The guest grossly violates his obligations according to the Contract, Terms and Conditions or valid legal regulations, or good morals, in particular causes damage in the Hotel and/or in the apartment or on the property of the Hotel or on the property of other guests, annoys other guests or causes them to be offended, annoys other guests gestures or direct sexual suggestions, applies or distributes psychotropic substances, is under the influence of alcohol or narcotic substances;
- he was temporarily or permanently prevented from fulfilling his obligation to provide accommodation to the Guest by an extraordinary, unforeseeable and insurmountable obstacle arising independently of his will (force majeure). In this case, the Hotel Operator is not obliged to compensate the Customer or the Guest for the damage incurred by them, but is obliged to return to them the blocked or otherwise paid reservation deposit, including the deposit/security, immediately after it is able to do so.
VIII. Damage to guest’s belongings
- 8.1 The Hotel Operator is liable to the Guest for damage to the Guest’s belongings, if the Guest’s belongings were brought into the apartment or in the space reserved for storing luggage, or were taken over by the Hotel Operator for the purpose of bringing them inside. The Hotel operator warns the Guest that neither the apartment nor the Hotel is equipped with a safe. This provision applies only to consumers; in other cases, the Hotel Operator is not responsible for damage to the Guest’s belongings.
- 8.2 With regard to the nature of accommodation services at the Hotel, the Hotel Operator warns the Guest that it does not ensure the safekeeping of cash, jewelry or other valuables.
IX. Out-of-court settlement of consumer disputes
- 9.1 The out-of-court settlement of consumer disputes arising from the Agreement is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, VAT ID: 000 20 869, internet address: http://www.coi.cz/. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Hotel Operator and the Guest, who is a consumer, from the Contract concluded by electronic means.
- 9.2 The European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz/ is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, on the resolution of online consumer disputes and on the amendment of Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (regulation on the resolution of online consumer disputes).
X. Personal data
- 10.1 The processing of personal data during the provision of accommodation services by the Hotel Operator is governed by the personal data processing principles available here: emeraldprague.com/terms-and-conditions/ .
XI. Final Provisions
- 11.1 These Terms and Conditions are drawn up in Czech and English. In case of discrepancies between the two language versions, the Czech version is decisive.
- 11.2 These Terms and Conditions are governed by Czech law, in particular Civil Code.
- 11.3 Effectiveness: These Terms and Conditions become effective on 8 May 2023. These Terms and Conditions apply to Contracts/Reservations concluded/made on May 8, 2023 and later.
Fedrosa VD sro
I. Who and how will process personal data
- 1.1 The administrator of the personal data is the operator of the hotel Emerald Prague at Žatecká 17/7, 110 00 Prague 1, Czech Republic: company Fedrosa VD sro . , VAT ID: 176 41 942, with headquarters at Sechterova 1515/4, Kunratice , 148 00 Prague 4.
- 1.2 We will process your personal data in cases provided for in Article IV. below in manually in written and electronic form, where applicable through automated systems and with the help of their own employees or personal data processors, with whom we have entered into an agreement regarding the purpose of protecting your personal data (external suppliers).
II. Legal conditions collection and processing personal data
- We process personal data in accordance with the legislation of the Czech Republic and European Union. These are the legal and executive regulations:
- ordinance of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons in connection with with processing personal data and the free movement of these data and the repeal of Directive 95/46/EC,
- No. 110/2019 Coll ., on processing personal data , valid wording ,
- disciple. No. 89/2012 Coll ., civil Code , in force wording (” Civil Code “)
III. The extent of personal data processing
- 3.1 We process your personal data, which we have collected based on the fulfillment of the accommodation contract you entered with us.
- 3.2 We process these categories of personal data:
- Basic identification data:
- Basic identification data is part of every accommodation contract you enter with us. These include: first and last name, date of birth, residential address, nationality, length of stay, number and type of document, visa number, purpose of stay (if applicable, ID number, VAT number, bank account number).
- Contact information
- Contact data include e-mail address, IP address, telephone number, contact address of the above mentioned persons.
- Basic identification data:
VI. Purpose of processing personal data
- 4.1 Processing without yours consent:
- Processing based on fulfilling our legal obligations
- We process personal data for the purpose of fulfilling our obligations established by law. These are mainly obligations according to Act. No. 326/1999 Coll., on the residence of foreigners in the territory of the Czech Republic, as amended, tax, accounting and labor law regulations and Civil Code.
- Furthermore, the processing is necessary for handling complaints according to Civil disciple. and Act No. 634/1992 Coll., on consumer protection, as amended.
- Processing is necessary for the fulfillment of the accommodation contract, or for the implementation of measures taken before the conclusion of the accommodation contract
- Before concluding the accommodation contract, we process your data in order to confirm your reservation. After concluding an accommodation contract with you, we process your data on the basis of this contract. This category also includes your data, which we need to provide services that you have ordered from third parties through us (e.g. providing a transfer to the airport, e.g. through the company Liftago, a.s. or massage services).
- In both cases, your direct consent to the storage and processing of your personal data is not required and you cannot refuse to provide this data. If you did not want to provide the data, the accommodation contract could not be concluded with you or with the person who concluded the contract on your behalf.
- Processing is necessary for our authorizedinterests
- Our authorized interest is the defense of legal claims, processing your questions and complaints, operating the camera system, processing personal data ( phone numbers, e-mail addresses ) of guests for direct marketing purposes ( at sender commercial message ).
V. Duration for storing your personal data
- 5.1 We keep your personal data for the entire duration of the contractual relationship established by the accommodation contract. After the termination of the contractual relationship and the settlement of all obligations arising from or related to the accommodation contract, we keep personal data for a period of 6 years from the termination of the contractual relationship.
- 5.2 In the event that we process personal data for the purpose of negotiating a reservation that has not been completed by concluding an accommodation contract (indication of personal data in part or in full in the booking form, but not completing the reservation), these data will be processed for the duration of negotiations on concluding an accommodation contract, at the latest however, 3 months from the end of the reservation negotiations.
- 5.3 In the case of data that we need to provide services that you have ordered from third parties through us (e.g. providing a transfer to the airport, e.g. through Liftago, a.s. or massage services), we process this data from the day we provide these services booked until the day the reservation is used/cancelled.
- 6.1 We use a camera system for your protection and the protection of your and our property. This system consists of two cameras, one of which is aimed at the main entrance to the hotel building and the other at the entrance to the area used for storing guests’ luggage. We declare that we do not work with the records in any way, we do not provide them to third parties or entities; this does not apply in the event of an existing security incident. In this case, the data may be made available to law enforcement authorities, a court or another authorized entity (e.g. an insurance company).
VII. Your rights as a data subject
- 7.1 In particular, you have the right to provide information about the personal data that we collect and process about you, about their purpose and nature of processing, about the recipients of personal data, the identity of the controller, based on your written request.
- 7.2 You also have the right to request an explanation in case of doubt as to whether personal data is processed in accordance with legislative requirements and, if justified, to correct the erroneous status.
- 7.3 Your other rights are:
- the right to correct or supplement personal data;
- the right to request restriction of processing;
- the right to raise an objection or complaint against processing in certain cases;
- the right to request the transfer of data;
- the right to access personal data;
- the right to be informed about a breach of personal data security in certain cases;
- the right to erasure of personal data (the right to be “forgotten”) in certain cases;
- for the right to submit an initiative or complaint to the Office for the Protection of Personal Data, based in Plk. Sochora 27, 170 00 Prague 7, uoou.cz;
- other rights stipulated in Act. No. 110/2019 Coll., on the processing of personal data, as amended, and in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and on the repeal of Directive 95/46/EC.
- 7.4 Contact / You can exercise your rights or questions to us at the following contacts:
- Fedrosa VD s.r.o., ID number: 17641942, with registered office at Sechterova 1515/4, Kunratice, 148 00 Prague 4
- +420 602 666 982
- Email: [email protected]
Fedrosa VD s.r.o.
Sechterova 1515/4, 148 00, Praha