Pursuant to the provisions of Section 1751 Para 1 of Act number 89/2012 Coll., the Civil Code, these house rules govern the mutual rights and obligations of the contracting parties in relation to the provision of accommodation in mobile homes (“units”) at Merlin’s Camp at Chvalovice – Hatě 194, 669 02 Znojmo (hereinafter the “campsite”), as entered into between the administrator of the camp, Excalibur City s.r.o., having its registered seat at Hatě 183, 669 02 Chvalovice, company registration number: 255 15 705 (hereinafter as the “administrator”), on the one side and an individual or legal entity as the guest (hereinafter as the “guest”) on the other side, via the website of the administrator at www.merlinscamp.com and via other long-distance communication or on the premises of the campsite.
BASIC INFORMATION AND INSTRUCTIONS FOR GUESTS
These house rules are binding on all persons staying on the premises of the campsite. Guests are obliged to make themselves familiar with the provisions of the house rules.
Guests are expected to abide by the rules established by the house rules and the instructions issued by the administrator of the campsite. Only guests who have checked in properly at the front desk may stay on the campsite.
Unless otherwise arranged, check-in is between 3:00 p.m. and 6:00 p.m. On the last day of their stay, guests are expected to leave the unit by 11:00 a.m. Where the guest has failed to observe these timeframes the administrator is entitled to charge to the guest for an additional full day in accordance with the applicable price list. It is forbidden to allow family members and other persons to spend the night in the unit if they have not checked in properly.
Guests are obliged to observe and respect the “night-time regime rules” between 10:00 p.m. and 7:00 a.m. The administrator is entitled to amend the night-time regime during cultural and social events.
The guest is not allowed to enter the premises and use the campsite if they have been diagnosed with any contagious, parasitic or infectious condition or if they were ordered quarantined. Furthermore, persons under the influence of alcohol or addictive substances may not enter the premises. Guests are obliged to behave properly and to respect the comfort of other guests. Guests are obliged to keep the premises clean and tidy and to only use bins at designated places for household/municipal waste. No waste burning is allowed on the premises.
Vehicular traffic, which includes bicycles, is only allowed on roadways for arrival and departure. The speed limit on the premises is 20 km/h. Parking is allowed in designated areas only. Parking on lawns is strictly forbidden (which applies to short-term parking as well). No traffic is allowed on the premises during the night-time regime. The washing and maintenance of vehicles on the premises of the campsite is strictly forbidden.
Fires are allowed only at fireplaces explicitly designated for this purpose and marked as such. Fire extinguishers are provided in the units. Any fire must be reported to the front desk of the campsite and guests shall proceed in accordance with the fire evacuation regulations placed visibly in the unit.
Due to safety concerns, children under the age of 10 cannot be left unattended in the units or on the premises of the campsite. Weapons cannot be kept or carried on the premises.
Dogs and other animals are forbidden.
Guests may not rearrange furniture and other equipment in their unit without the camp administrator, nor can they interfere in the gas plumbing and electrical systems. Guests may not use their own appliances with the exception of small personal hygiene appliances (hair dryers, razors, electrical toothbrushes, etc.). Smoking and any form of open fire are forbidden in the units.
Guests are obliged to be mindful of effective water and electricity consumption and to refrain from damaging the equipment of the campsite and in the unit. No regular cleaning and housekeeping is provided during the guest’s stay.
When leaving the unit, the guest is obliged to turn off the lights and faucets, close the windows and return the keys to the administrator, who shall take over the unit and inspect its condition.
Guests are liable for damages caused to the property of the administrator in accordance with the generally binding legal regulations. In the event of any damage the guests shall be obliged to bear any and all costs of repairs.
The administrator is not responsible for any items of property kept by the guest unattended outside the closed and locked unit or in the unit. In the event of any breach of the house rules the administrator is entitled to charge to the guest a penalty in the amount of CZK 5,000; in the event of a material breach of the house rules, subject to a prior warning, the administrator may terminate the contract and evict the guest from the premises. In both cases the police may be invited to assist.
CREATION AND SUBJECT MATER OF THE CONTRACTUAL RELATIONSHIP
Pursuant to the accommodation contract, the administrator offers to the guest temporary accommodation (the right to use premises offered to them for accommodation purposes – a specific unit at the campsite and other premises, hereinafter referred to as “accommodation services”), for the agreed-upon period and price. Where the guest, being a contracting party, is a consumer within the meaning of the applicable legislation, the relations not explicitly addressed in these terms and conditions shall be governed by the provisions of Section 1810 et seq., on obligations arising from contracts with consumers, as well as Act number 634/1992 Coll., on consumer protection, as amended. The provisions of these terms and conditions shall apply in general, unless different conditions are agreed in the individual accommodation contract between the contracting parties.
Unless otherwise agreed, the accommodation service shall not exceed 2 months of the guest’s choosing. The subject matter of the accommodation services is accommodation in the units whose description is provided on the campsite administrator’s website. Information on the units, including prices, features and equipment, is provided on the website for each unit, or at the front desk. The prices quoted include VAT. The accommodation prices including all statutory fees and the local accommodation charge can be found on our website. The administrator may, in exceptional cases, offer to the guest a unit which the guest has not booked, provided that there are no substantial differences between the two units.
Special provisions on distance contracts
The presentation of units on the website does not constitute an offer to conclude a contract within the meaning of Section 1732 of the Civil Code. The guest books their accommodation in writing – by filling out and sending an online booking form. Key data which constitutes a duly executed order includes: first name and last name, date of birth, place of birth, permanent residence address and contact information (phone, e-mail). For legal entities or self-employed individuals, the data includes their business name, company registration number, VAT number and the registered seat. The guest shall specify the selected unit and the FROM/TO dates. The order form is unlocked for changes until the final confirmation by clicking on “Send order” under the “Order summary” step.
As far as the administrator is concerned, the data provided in the order form is deemed correct. An order is valid if all mandatory data has been provided and the guest has acknowledged the acceptance of these house rules and the principles of personal data protection.
The accommodation contract is deemed concluded upon the delivery of the notification of the acknowledgement of the order to the e-mail address of the guest. The administrator undertakes to provide to the guests the accommodation services in the confirmed extent and time. The guest undertakes to pay to the administrator the agreed-upon price for the accommodation services, or to pay a cancellation fee as stipulated in Article V of these house rules.
Having seen the presentation of units on the website, the guest is entitled to ask the administrator to make an offer for the provision of accommodation services via phone or e-mail using the contact information (addresses and phone numbers) on the website; this inquiry shall not constitute an order or a proposal to conclude an accommodation contract. The key data which constitutes a duly submitted request is the same as in the case of the online booking form. The administrator shall send to the e-mail address of the guest a proposal to conclude an accommodation contract, including a link to these house rules. The guests shall be deemed to have accepted the offer by, in particular, paying the price for the accommodation services in question, by sending an acknowledgement notice to the e-mail address of the administrator, or otherwise.
Where the administrator has made a clear technical mistake in quoting the accommodation prices on the website or in the course of processing of an order, the administrator shall not be obliged to provide to the guest the accommodation services for these evidently incorrect prices, in spite of the guest having received an acknowledgement of their order. If an accommodation contract has already been concluded, it shall be deemed null and void and the administrator shall send to the guest an e-mail notice of changes to the offer. This updated offer shall constitute a new proposal to conclude an accommodation contract which shall be deemed concluded upon the receipt by the administrator of the guest’s acknowledgement or upon the payment of the price for the agreed-upon accommodation services, whichever comes first.
PRICES FOR ACCOMMODATION; PAYMENT CONDITIONS, DAMAGES AND SANCTIONS
The guest may pay for the accommodation services via a payment gateway or a debit/credit card accepted by the administrator, or using a different method currently employed by the administrator with respect to online booking. In the case of distance contracts, the price is paid via a bank transfer to the bank account of the administrator. Where the accommodation contract is concluded at the front desk of the campsite, the guest may pay in cash or with a credit card currently accepted by the administrator.
The price for the accommodation services is due upon the conclusion of the accommodation contract in the campsite front desk office. In the case of an online, order the price is due upon the conclusion of the accommodation contract at the latest. In the event of booking via a distance contract (phone or e-mail), the price for accommodation is due upon the conclusion of the accommodation contract upon the arrival of the guest at the campsite.
The guest is obliged to pay, upon arrival and check-in at the front desk, a security deposit in the amount of EUR 40 (or CZK 1,000, at the guest’s discretion) to cover any damage to the unit, the premises of the campsite or other property of the administrator. This security deposit shall be returned to the guest at their departure, minus any costs of any damage to the unit, the premises of the campsite or other property of the administrator for which the guest is found liable.
The administrator reserves the right not to admit persons who refuse to fulfil their obligation to present their ID, especially vis-à-vis the fulfilment of the administrator’s obligations arising from the relevant provisions of Act number 326/1999 Coll., on the residence of foreign nationals in the Czech Republic, or Act number 565/1990 Coll., on local fees. Should the aforementioned situation occur, the administrator shall be entitled to terminate an existing accommodation contract (if any) due to a no-show on the part of the guest and due to a material breach by the guest of the house rules as stipulated herein, and the guest shall not be entitled to any financial compensation or any other form of compensation or to a refund of the price paid or any part thereof.
Upon arrival in their unit, the guest is obliged to check its condition and equipment and report to the front desk any evidently missing equipment or damages. Similarly, the guest is obliged to report to the front desk any damage to the equipment discovered during their stay.
Should the guest lose the key, they are obliged to notify the front desk immediately. Where the guest has failed to do so, the administrator shall not be responsible for any resulting damages. The administrator is entitled to charge a fee for the lost key in the amount of CZK 500, and the guest shall be obliged to pay the fee immediately.
Should the guest fail, on the last day of their stay, to hand over the unit to the administrator at the stipulated time, and the administrator asks for the unit to be vacated, or where the guest is not present in the unit, the administrator reserves the right to remove the guest’s belongings for safekeeping.
TERMINATION OF THE CONTRACT, CANCELLATION FEES
In addition to the conditions stipulated between the parties, and the conditions of termination of accommodation contracts governed by the applicable legislation, especially Sections 2201 et seq. and Section 2001 et seq. of the Civil Code, the guest is entitled to terminate the accommodation contract at any time without a notice period. The contract shall also be deemed terminated in the event of a “no-show” on the part of the guest by the stipulated time and date, in which case the guest shall be obliged to pay to the administrator a cancellation fee corresponding to 100% of the accommodation services, if the contract is terminated later than in 7 days or where the guest does not arrive at all.
Where the price for accommodation is not paid within the agreed-upon deadline pursuant to Article IV of these house rules, the effect of the accommodation contract shall expire on the day following the lapse of said deadline. Where the expiry of the effects of the accommodation contract occurs later than 7 days prior to the agreed-upon commencement of accommodation services, the guest shall be obliged to pay to the administrator a cancellation fee corresponding to 100% of the price of the agreed-upon accommodation services.
Pursuant to the provisions of Section 1837 Para 1 Letter j) of the Civil Code, the guest, being a consumer, shall not be entitled to withdraw from the accommodation contract concluded as a distance contract or a contract concluded outside the business premises of the administrator, as the performance by the administrator pursuant to the accommodation contract is granted at a date specified by the guest.
The administrator is entitled to terminate this contract without a notice period due to a “no-show” by the guest by 12:00 p.m. (noon) of the day following the agreed-upon check-in date. Furthermore, the administrator is entitled to terminate this contract without a notice period in the event of repeated material breach by the guest of these house rules or relevant legal regulations in spite of previous warnings by the administrator. The guest shall not be entitled to any financial compensation or any other form of compensation or to a refund of the price paid or any part thereof.
COMPLAINTS; INFORMATION ON THE OUT-OF-COURT SETTLEMENT OF DISPUTES
Rechte und Pflichten der Vertragsparteien in Bezug auf Gewährleistungsansprüche richten sich nach allgemein verbindlichen Vorschriften (insbesondere nach § 1914 bis 1925 des Bürgerlichen Gesetzbuchs und nach dem Gesetz Nr. 634/1992 Slg., über Verbraucherschutz, in der Fassung späterer Novellen). Wenn die erbrachte Unterkunftsleistung die vereinbarten oder wenigstens die üblichen Eigenschaften, ggf. die Eigenschaften gemäß dem Zweck des Beherbergungsvertrags, nicht erfüllt, hat der Gast das Recht, Gewährleistungsansprüche beim Betreiber geltend zu machen, und zwar unverzüglich nach Feststellung einer mangelhaften Erbringung der Unterkunftsleistungen. Der Gast hat seine Mitwirkung zur Reklamationsabwicklung zu leisten, insbesondere Auskunft zu erteilen, den Sachverhalt durch Unterlagen zu belegen oder seine Anforderungen hinsichtlich des Grundes und der Höhe zu spezifizieren.
The rights and obligations of the contracting parties vis-à-vis the rights arising from faulty performance shall be governed by the relevant provisions of the generally binding legal regulations (especially Sections 1914 to 1925 of the Civil Code and Act number 634/1992 Coll., on consumer protection, as amended). Where the accommodation services provided are lacking the agreed-upon, or at least usual, characteristics, or at least the characteristics anticipated with regard to the purpose of the accommodation contract, the guest shall be entitled to file with the administrator a faulty performance claim as soon as practicable after discovering the discrepancies. The guest shall be obliged to cooperate as needed in processing their complaint, which includes in particular the provision of information or evidence and documents proving the actual conditions, or explaining their requirements in terms of the factual basis and amounts.
Where the guest is a consumer, the administrator is obliged to issue a written confirmation of the complaint, its subject matter and the means of settlement required by the guest, as well as confirmation on the date and means of settlement or written explanation of the rejection of the complaint, if the complaint is not resolved immediately in accordance with the guest’s requests through rectification of the administrator’s mistake or through alternate performance or, if the former is not possible, via a reasonable discount. The administrator or their authorised representative shall decide on the complaint immediately or, in more complicated cases, within 3 business days. The period for the complaint procedure including rectification of the conditions shall be reasonable, but in any event within 30 days of the filing of the complaint, unless an extended period has been agreed between the administrator and the guest. The lapse of this time period shall constitute a material breach of the contract. Any complaint shall be processed within 30 days of receipt within the meaning of Section 19 of Act number 634/1992 Coll., on consumer protection.
PERSONAL DATA PROTECTION
The conditions and information regarding personal data protection in accordance with Regulation (EU) number 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of this data, and repealing Directive 95/46/EC (“GDPR”) are provided in the principles of personal data processing available on the administrator’s website (www.merlinscamp.com) and, in printed form, at the front desk of the campsite. The guest can make themselves familiar with their contents at any time.
FINAL PROVISIONS
The administrator and the guest agree that matters not explicitly addressed in these terms and conditions shall be governed by the applicable legal regulations of the Czech Republic. They agree to settle any dispute preferably in an amicable manner.
The administrator shall not have any obligations towards the guest in terms of any codes of ethics within the meaning of Section 1826 Para 1 Letter e) of the Civil Code. The accommodation contract (including business terms and conditions) constituting a distance contract is kept in electronic form by the administrator, and is available upon the guest’s prior request. The accommodation contract is entered into in the Czech language. The costs of the communication channels used to conclude the distance contract do not differ from the base rate; the administrator does not charge any fees.
Where the accommodation contract or these house rules contain provisions on contractual penalties for a breach by the guest of contractual or statutory obligations, the payment of these contractual penalties is without prejudice to the administrator’s right to claim damages suffered as a result of the aforementioned breach.
The guest hereby assumes the risk of a change in circumstances pursuant to the provisions of Section 1765 Para 2 of the Civil Code. The seller is entitled to change or amend the provisions of these conditions. This provision is without prejudice to the rights and obligations created during the term of the previous version of the terms and conditions.
Where the relationship established by this accommodation contract contains an international element, the contracting parties agree that the relationship shall be governed by the Czech legislation. The aforementioned provision shall not affect the consumer rights stipulated by the generally binding legal regulations.
Administrator’s contact information: Phone: 770 105 013, E-mail: info@merlinscamp.cz
These terms and conditions shall become effective on 1 July 2019
