CRISTAL PALACE a.s.
Hlavní třída 61/66, 353 01 Mariánské Lázně
file no. 202 B, administered by the Regional Court in Pilsen
These General Terms and Conditions apply to the sale of gift vouchers for hotel accommodation and value vouchers of OREA HOTELS & RESORTS by means of the on-line shop at www.orea.cz
1. INTRODUCTORY PROVISIONS
These General Terms and Conditions (hereinafter referred to as “Terms and Conditions“) of OREA HOTELS s.r.o., registered address: Praha 4, Na Pankráci 1062/58, 140 00, Company no: 271 76 657 (hereinafter referred to as “Seller“) determine the mutual rights and obligations of the contract parties arisen in connection with or based on a purchase contract (hereinafter referred to as “Purchase Contract“) entered into by the Seller and a natural or artificial person (hereinafter referred to as “Purchaser“) by using the Seller’s website www.orea.cz for on-line purchase of gift vouchers for hotel accommodation and value vouchers (hereinafter referred to as “Goods“ or “Voucher / Vouchers“). The Internet shop is operated by the Seller at www.orea.cz by means of a web interface (hereinafter referred to as “the Shop’s Web Interface “).
The Terms and Conditions also regulate the parties’ rights and obligations in using the Seller’s website at www.orea.cz (hereinafter referred to as “Website”) and other related legal relations. The Terms and Conditions do not apply to such cases in which the person intending to buy Goods from the Seller acts within its business activities when ordering the Goods.
The provisions of the Terms and Conditions are integral parts of Purchase Contracts. By sending an order the Purchaser confirms that they have read and agree with the Terms and Conditions. Both the Purchase Contract and the Terms and Conditions are in the Czech language.
The Seller reserves the right to alter and amend the Terms and Conditions. This provision shall not affect the rights and obligations arisen during the effective period of the previous version of the terms and Conditions. The Purchaser shall familiarize themselves with the Terms and Conditions and their changes, if any, before each purchase.
2. CLIENT ACCOUNT
Based on the Purchaser’s order placed on the Website, the Purchaser shall receive their login name and password to access the client interface (hereinafter referred to as “Client Account”). Using their Client Account, the Purchaser may place and manage their orders. The purchaser shall keep the login information necessary for access to the Client Account confidential and acknowledges that the Seller is not liable for any violation of this obligation by the Purchaser and for the damage that may be incurred as a result.
The Purchaser shall update the information in their Client Account upon any change of such information. The information stated by the Purchaser in their Client Account and during the ordering of Goods is considered to be correct by the Seller.
The Purchaser may not enable any third persons to use the Purchaser’s Client Account.
The Seller may cancel a Client Account, especially if it has not been used by the Purchaser for more than a year or if the Purchaser has violated their obligations resulting from the Purchase Contract, including the Terms and Conditions.
The Purchaser acknowledges that the Client Account may not be available continuously, especially with regard to the necessary maintenance of the Seller’s hardware and software equipment or of any third parties’ hardware and software equipment.
The Seller offers the following on the Website:
• value Vouchers of the nominal value of at least CZK 1,000 that can be used for paying for the hotel services at all the OREA HOTELS & RESORTS hotels and restaurants;
• hotel accommodation Vouchers for particular stays, for hotel services or restaurant services at a particular hotel.
• are stamps and vouchers;
• contain a unique identification code;
• may only be used once;
• may not be exchanged for cash;
• may not be replaced if lost.
• delivered by post are valuables and are provided with a hologram, the buyer cannot print them himself
4. ENTERING INTO THE PURCHASE CONTRACT
The Shop’s Web Interface contains a list of the Goods offered for sale by the Seller, including the prices of the individual items. The offer of Goods and the prices of the Goods remain valid as long as they are displayed on the Web Interface. This provision shall not restrict the Seller’s option to conclude the Purchase Contract under individually negotiated conditions.
The Shop’s Web Interface also contains information on the cost of packaging and delivery of the Goods.
The Purchaser may enter into a Purchase Contract by accepting the proposal for the conclusion of the Purchase Contract on the Shop’s Website. So as to order Goods, the Purchaser shall fill in the order form in the Shop’s Web Interface. The order form contains especially information about:
a) the ordered Goods (The ordered Goods shall be put in the electronic shopping cart by the Purchaser on the Shop’s Web Interface),
b) the ways of paying the purchase price of the Goods, information about the required way of delivery, and
c) information about the costs connected with the delivery of the Goods (hereinafter jointly referred to as “Order”).
Before sending an Order to the Seller, the Purchaser may check and change the information entered in the Order with regard to the Purchaser’s option to find and correct errors arisen during the entering of the data in the Order. The Purchaser shall send the Order to the Seller by clicking on “Send Order.” By sending the Order, the Purchaser guarantees that:
• all information provided to the Seller for the purpose of ordering Goods is correct (information included in the order is regarded as correct by the Seller);
• is entitled to use a credit or debit card (hereinafter referred to as “Payment Card”) and has sufficient funds to cover the cost of the Goods ordered.
Immediately after receiving the Order, the Seller shall confirm that it has entered into a Purchase Contract with the Purchaser by e-mail, using the Purchaser’s address entered in their Client Account or in the Order (hereinafter referred to as “the Purchaser’s E-mail Address”). A Purchase Contract is concluded by the Purchaser sending the Order (after selecting the way of delivery and payment option) and by delivery acceptance sent by the Seller to the Purchaser’s E-mail Address. The Seller shall not be liable for any errors arisen during data transfer.
With regard to data protection during the ordering process, the Website uses a software package known as Secured Sockets Layer (SSL), which is shown by a lock appearing in the lower right-hand corner of the web browser (grey border of the screen).
Depending on the character of the order (amount of Goods, purchase price amount) the Seller may always ask the Purchaser to additionally confirm the order in a credible way (e.g. in writing or by telephone). If the Purchaser refuses to do so, the Seller shall deem the order invalid.
The Purchaser acknowledges that the Seller is not obligated to enter into a Purchase Contract, especially:
i) with persons that have previously substantially violated a Purchase Contract (including the Terms and Conditions),
ii) if the Purchaser orders Goods for a price that has been stated by mistake as a result of an error of the Shop’s Web Interface.
The Seller reserves the right to reject an order or a part thereof if the price of the Goods offered has changed significantly. If such a situation occurs, the Seller shall immediately contact the Purchaser in order to agree on a further procedure. If the Purchaser has already paid the purchase price, they shall be given a refund.
The Seller reserves the right to declare a Purchase Contract null and void if personal data or a payment card, etc., has been misused, or as a result of the intervention of an administrative or judicial body. The Seller shall inform the Purchaser of such a procedure. The Purchaser acknowledges that in such cases the Purchase Contract cannot be valid.
The Purchaser agrees to use remote means of communication to conclude the Purchase Contract. The costs incurred by the Purchaser as a result of using remote means of communication to conclude the Purchase Contract (costs of Internet connection and telephone calls) shall be paid by the Purchaser.
5. PRICE OF GOODS AND PAYMENT CONDITIONS
Prices listed with the individual items:
i) are final, ie. including value added tax, or all other taxes and fees that the buyer may have to pay in order to obtain the goods;
ii) include the local charge for spa and recreational stays ( does not apply to value vouchers);
iii) do not include any costs for delivery of the goods, which vary according to the selected method and/or a provider of transport services and are specified only in the shopping cart area; and theirs amount depends on the choice of the buyer.
The prices are valid at the moment of ordering. Special offer prices are valid until the specified number of special offer items are sold or for a limited period of time. The Seller reserves the right for typing errors and price changes in the event of exchange rate changes, significant increase in inflation or significant changes of suppliers’ or subcontractors’ conditions.
The price of the Goods and any costs related to the delivery of the Goods under the Purchase Contract may be paid by the Purchaser to the Seller in the following ways:
i) by a Payment Card, using a secure GPE payment gateway
(MasterCard, VISA, VISA Electron and Maestro cards are accepted);
ii) credit transfer to the Seller’s bank account with Raiffeisenbank a.s., account no.: 5080120565/5500.
In the event of credit transfer the Purchase Price is valid for five (5) working days of the day of Purchase Contract conclusion.
In the event of credit transfer the Purchaser shall pay the Purchase Price using the order number as a variable symbol. In the event of credit transfer the Purchaser’s obligation to pay the Purchase Price is met when the proper amount is credited to the Seller’s bank account.
Along with the Purchase Price, the Purchaser shall also pay the Seller any packaging and delivery costs. Unless expressly stated otherwise, the Purchase Price hereinafter refers to packaging and delivery costs as well.
Česká pošta – registered mail 60 CZK
Česká pošta – EMS* 150 CZK
International delivery – registered mail 250 CZK (10 EUR)
No discounts on the price of the Goods given by the Seller to the Purchaser may be combined.
If it is common in commercial intercourse or if it is stated by mandatory regulations, the Seller shall issue an invoice for the Purchaser regarding payments made in connection with the Purchase Contract. The Seller is a value added tax payer. The Seller shall issue the invoice for the Purchaser upon request after the price of the Goods is paid and shall send the invoice in an electronic format to the Purchaser’s E-Mail Address.
The Goods are dispatched within three (3) working days of receipt of payment. The Seller is not responsible for any delay in delivery that may be caused by Česká pošta. The Purchaser acknowledges that during public holidays and other holidays the delivery time may be longer.
The risk of damage to the Goods shall be transferred to the Purchaser upon taking delivery. The same is true if the Purchaser does not take delivery of the Goods even though the Seller has enabled the Purchaser to use the Goods.
The Seller shall hand over to the Purchaser the Goods as well as all documents related to the goods, and shall enable the Purchaser to take title to the Goods under the Purchase Contract.
The delivery method shall be determined by the Seller unless otherwise stipulated in the Purchase Contract. If the delivery method is agreed on as a result of the Purchaser’s request (the delivery method is determined by the Purchaser without having been offered by the Seller), the Purchaser shall bear the risk and possible additional costs resulting from that delivery method. In such a case the Seller shall hand the Goods over to the Purchaser by handing the Goods in to the first delivery company that will deliver the goods to the Purchaser, and the Seller shall enable the Purchaser to exercise their rights under the Purchase Contract against the delivery company.
The Seller shall meet its obligation to hand the Goods over to the Purchaser if the Seller enables the Purchaser to use the Goods in the place of performance specified in the Purchase Contract and shall notify the Purchaser of it in a timely fashion.
Should the Seller be obligated, under the Purchase Contract, to deliver (send) the Goods to a place specified by the Purchaser in the Order, the Seller shall hand the Goods over to the Purchaser once the Goods are delivered to the Purchaser by the delivery company.
If, for any reasons caused by the Purchaser, it is necessary to deliver the Goods repeatedly or in any other way different form the method stated in the order, the Purchaser shall pay the costs connected with repeated delivery of the Goods or the costs connected with another delivery method.
Unless it is specifically agreed how the Goods should be packaged, the Seller shall package the Goods according to custom. If there is not a custom, the Seller shall package the goods as necessary to keep and protect the Goods. The Seller shall secure the Goods for delivery in the same way.
Upon taking delivery of the Goods from the delivery company, the Purchaser shall make sure that the packaging is intact and if there are any faults, they shall inform the delivery company immediately. If it is found that the packaging has been damaged and that an unauthorised person has broken into the parcel, the Purchaser may not take delivery of the parcel. By signing the delivery note the Purchaser confirms that the parcel has met all conditions and had all required features, and any later complaints regarding any damage to the packaging shall not be taken into account.
7. WITHDRAWAL FROM THE PURCHASE CONTRACT
Pursuant to the provisions of section 1829 (1) of the Civil Code, the Purchaser may withdraw from the Purchase Contract without any reason within fourteen (14) days of taking delivery of the Goods or within fourteen (14) days of taking delivery of the last part of the Goods if more kinds of Goods or more parts of Goods are delivered. The notice of withdrawal shall be provably sent to the Seller on the last day of the fourteen-day period at the latest. It shall be sent to the Seller’s address or e-mail address
The Purchaser acknowledges that pursuant to section 1837 (j) of Act no. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as “Civil Code”), it is not possible to withdraw from contracts on accommodation, catering or free time activities if the supplier has provided such services at the stipulated time.
8. RULES FOR USING THE GOOD
The Vouchers are valid for 12 months from the purchase date unless a particular date of using the Voucher (e.g. accommodation date) is stated. The expiry date is specified on the Goods. The Goods may be used at any time during the validity period according to the capacities of the selected hotel. If the Voucher is not used within the validity period, it shall lose validity without compensation. Can not be used for a stay during Christmas, New Year’s Eve, Easter, spring and summer holidays. The hotel reserves the right to refuse the stay applied by voucher.
A purchased Voucher may not be cancelled.
In the case of hotel accommodation Vouchers, the content of the Voucher is fixed and it may not be exchanged for any other services provided by the Seller.
If, in the case of Value vouchers, the price of the selected services exceeds the value of the Voucher, the difference can be paid in cash.
The Goods do not bear the owner’s name, so they can be used by any person that submits them at the place where the Goods are to be used. Photocopies shall not be accepted.
The use of the services according to the Voucher shall be reserved beforehand and it is necessary to provide information about the Voucher during reservation. If your reservation is cancelled less than 24 hours beforehand or if you do not arrive on the date reserved, the Voucher shall be declared null and void.
Any special agreements regarding reservations shall be made directly with the selected hotel. The Seller recommends re-confirming all agreements with the hotel a few days before the reserved date, which prevents any inconvenience.
Vouchers shall be used on a one-time basis. They may not be used continuously. If the total value of the Voucher is not used, no compensation shall be provided.
The Seller undertakes to provide such services for which the Goods are purchased in compliance with the descriptions on the Website. That should always be done with sufficient competence and care. The Seller does not hereby undertake to provide any other guarantees.
9. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
The Purchaser acknowledges the fact that the programme equipment and other parts constituting the Shop’s Web Interface (including photographs of the Goods) are copyrighted. The Purchaser undertakes not to perform any activity that might enable them or any third parties to make unauthorised changes to the programme equipment or to use the programme equipment or any other parts of the Shop’s Web Interface without authorisation.
While using the Web Interface the Purchaser may not use any mechanisms, programmes or any other procedures that might have a negative impact on the operation of the Shop’s Web Interface. The Web Interface may only be used to such an extent that is not to the detriment of the Seller’s other clients and that is in accordance with the purpose of the Web Interface.
In relation to the Purchaser, the Seller is not bound by any codes of conduct pursuant to the provisions of section 1826 (1e) of the Civil Code.
The Purchaser acknowledges that the Seller is not liable for any errors arisen as a result of a third party’s intrusion into the Website or as a result of the Website having been used contrary to the purpose of the Website.
10. PERSONAL DATA PROTECTION AND COMMERCIAL MESSAGES
The protection of personal data of the Purchaser, who is an individual, is provided especially through Regulation (EU) 2016/679 of the European Parliament and of the Council.
By providing consent to personal data processing within the Seller’s website, the Purchaser gives consent to the Seller’s collecting and processing the Purchaser’s personal data for the purpose of exercising the rights and obligations under this contract. If the Purchaser wishes to be sent commercial communication and related information by the Seller, the Purchaser can subscribe to them on the Seller’s website. The subscription may be cancelled at any time through a link provided in emails. The Purchaser shall read the advice on their rights concerning personal data protection on the Seller’s website.
The Purchaser acknowledges that they must provide their personal data (upon registration, in their user account, in an order placed through the shop’s web interface) correctly and accurately and inform the Seller without any undue delay about any change of their personal data, or use their right to request correction or completion of inaccurate personal data through the form HERE.
The Seller, as the data controller, may authorise a third party, as a processor, to process personal data. Besides persons that transport goods, the personal data shall not be disclosed to any third parties without the Purchaser’s prior consent.
Personal data shall be processed in an electronic form by automated means or in a printed form by other than automated means, but always with the requirements resulting from legislation, especially in the area of personal data protection, being met. Personal data shall be processed for the time period necessary for the performance of a purchase agreement, or for the time of other stipulated performance. Information about the time of processing the individual categories of personal data may be obtained through the form HERE.
The Purchaser confirms that the personal data provided are accurate and that they have been informed that the personal data are being provided on a voluntary basis. The Purchaser declares that they have been informed about the fact that they may withdraw their consent to personal data processing in relation to the seller through the form HERE. The Purchaser acknowledges the fact that certain personal data provided to the Seller are necessary for the performance of the concluded agreement.
The Purchaser has the right to object to the processing of the personal data concerning them through the form HERE. The Seller shall no longer process the personal data unless they demonstrate compelling legitimate grounds for the processing which override the Purchaser’s interests, rights and freedoms or for the establishment, exercise or defence of legal claims. If the Purchaser objects to processing for direct marketing purposes, the personal data will no longer be processed for such purposes. The Purchaser has the right to lodge a complaint with the Office for Personal Data Protection even if their objection is not accepted. The Purchaser’s right to a judicial remedy shall not be affected if the Purchaser believes that their rights concerning personal data protection and the manner of processing have been infringed by the Seller or by another processor.
The Purchaser has the right to obtain, through the form HERE, from the Seller confirmation as to whether or not personal data concerning the Purchaser are being processed, and, where that is the case, access to the personal data and the following information: a) the purposes of the processing; b) the categories of personal data concerned; c) the recipients or categories of recipients; d) the envisaged period for which the personal data will be stored; e) the existence of the right to request from the Controller rectification or erasure of personal data or restriction of processing of personal data concerning the Purchaser; f) the right to lodge a complaint with a supervisory authority; g) where the personal data are not collected from the Purchaser, any available information as to their source; h) the existence of automated decision-making.
The Purchaser has the right to obtain, through the form HERE, from the Seller the erasure of personal data concerning the Purchaser where one of the following grounds applies: a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; b) the Purchaser has withdrawn consent on which the processing is based and there is no other legal ground for the processing; c) the Purchaser has objected to the processing and there are no overriding legitimate grounds for the processing, or d) the personal data have been unlawfully processed; e) the personal data have to be erased for compliance with a legal obligation in the EU or Czech law; f) the personal data have been collected in relation to the offer of information society services. If the Seller has made the personal data public and is obliged to erase them, the Seller, taking into account available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform entities which are processing the personal data that the Purchaser has requested the erasure by such entities of any links to, or copy or replication of those personal data. The aforementioned right shall not apply to the extent that processing is necessary: a) for exercising the right of freedom of expression and information; b) for compliance with a legal obligation which requires processing by 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 the data controller; c) for reasons of public interest in the area of public health; d) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in so far as the right referred to above is likely to render impossible or seriously impair the achievement of the objectives of that processing; e) for the establishment, exercise or defence of legal claims.
The Purchaser has the right to obtain, through the form HERE, from the Seller restriction of processing where one of the following applies: a) the accuracy of the personal data is contested by the Purchaser; b) the processing is unlawful and the Purchaser opposes the erasure of the personal data and requests the restriction of their use instead; c) the Seller no longer needs the personal data for the purposes of the processing, but they are required by the Purchaser for the establishment, exercise or defence of legal claims; d) the Purchaser has objected to processing. If the Purchaser’s request is successful, the Purchaser has the right to obtain from the Seller a notification stating that the restriction of personal data processing will be cancelled. Where processing has been restricted, such personal data may, with the exception of storage, only be processed with the Purchaser’s consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
The Seller shall communicate any rectification or erasure of personal data or restriction of processing, as stated above, to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The Seller shall inform the Purchaser of this fact if requested by the Purchaser through the form HERE.
The Purchaser has the right to receive the personal data concerning them which they have provided to the Seller, as the data controller, in a structured, commonly used and machine-readable format and the right to have those data transmitted by the Seller to another controller without hindrance from the controller to which the personal data have been provided, i.e. the Seller, if technically possible, where: a) the processing is based on consent or on a contract; and b) the processing is carried out by automated means. The exercise of this right must not adversely affect the rights and freedoms of others. This 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 Seller.
The Purchaser has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning the Purchaser or similarly significantly affects the Purchaser. This right shall not apply if the decision: a) is necessary for entering into, or performance of, a contract between the Purchaser and the Seller; b) is authorised by Union or Czech law , or c) is based on the Purchaser’s explicit consent. In the cases referred to in points a) and c), the Seller shall implement suitable measures to safeguard the Purchaser’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the Seller, to express their point of view and to contest the decision.
Unless stated otherwise, any correspondence related to the Purchase Contract shall be delivered to the other party in writing by means of e-mail, personally or by a registered mail service (chosen by the sender). The Purchaser shall be sent correspondence to their e-mail address stated in their Client Account.
A message shall be deemed to have been delivered:
i) in the case of e-mail, at the moment of its being received by the incoming mail server; the integrity of messages sent by e-mail can be ensured by means of a certificate,
ii) in the case of personal delivery or by a delivery service, at the moment when the addressee takes delivery of the mail,
iii) in the case of personal delivery or by a delivery service, also by the rejection of the mail if the addressee (or a person authorised to take delivery of the mail on the addressee’s behalf) refuses to take delivery,
iv) in the case of a delivery service being used, after the period of ten (10) days of the mail being stored at the post office and the addressee being asked to take delivery of the stored mail if the mail is stored at the post office, even though the addressee did not learn that the mail was stored.
12. FINAL PROVISIONS
The relationships and possible disputes arisen as a result of this contract or in connection hereof shall be settled solely according to the law of the Czech Republic and by the relevant courts of the Czech Republic.
In the event of a Purchase Contract Dispute between the Seller and the Purchaser that has not been settled by mutual agreement, the Purchaser may submit a proposal for an out-of-court settlement of such a dispute to the entity authorised to settle consumer disputes out of court. This entity is:
Česká obchodní inspekce (Czech Trade Inspection Authority)
Ústřední inspektorát – oddělení ADR (Central Inspectorate – ADR Department)
120 00 Praha
The proposal for out-of-court proceedings regarding a consumer dispute (ADR) can be found here zde.
More information on out-of-court settlement of disputes can be found here zde. Before out-of-court proceedings are commenced, the Seller recommends that the Seller be contacted first.
The Purchaser may also use an on-line platform for dispute settlement, which has been established by the European Commission here: http://ec.europa.eu/consumers/odr/.
The Purchase Contract shall be made in the Czech language. If a translation of the Contract is made for the Purchaser and if there is a dispute as to the interpretation of any terms, the interpretation of the Czech version of the Contract is decisive.
The Seller is authorised to sell the Goods based on its trade license and this activity is not subject to any other permission. Trade inspections are performed by the relevant trade office within its authority.
Should any provision of these Terms and Conditions be or become invalid or ineffective, such invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of a provision shall not affect the validity of any other provisions. Changes and amendments to the Purchase Contract or to the Terms and Conditions shall be made in writing.
The Purchase Contract, including the Terms and Conditions, is archived in an electronic format by the Seller and it is not accessible to the public.
Seller’s contact information:
i) postal address: Na Pankráci 1062/58, Praha 4, 140 00,
ii) e-mail address: email@example.com
These Terms and Conditions, including their parts, shall be valid and effective from 1 March 2016 and replace the previous version of the Terms and Conditions including any of their parts and are available at the Seller’s registered office or in an electronic format at: www.orea.cz.