General Terms and Conditions

Cherry Orchard Resort Mengusovce

Valid from 1.1.2022

Business name: Čerešňový sad s.r.o.
Registered office: Čremošné 43, 039 01  Turčianske Teplice, 039 01
VAT: 53254261
VAT NUMBER: SK2121332378
Represented by: Ing. Lubomír Šoltis, konateľ

Registered in the Commercial Register of the District Court Martin, sec. s.r.o., insert no. 75647/L


1. Contracting parties

Supplier: Čerešňový sad s.r.o. – provider of accommodation, catering, congress, and relaxation services to the customer (guest) for a fee (hereinafter also referred to as “accommodation provider”).

Subscriber: The customer of services who enters into a contract with the accommodation provider, the subject of which is the provision of accommodation, catering, wellness, and other services by the accommodation provider on the basis of the customer’s request (hereinafter also referred to as the “customer” or “customer” or “guest”).

Upon conclusion of the contract with the accommodation provider, these General Terms and Conditions become binding for both the accommodation provider and the customer and form part of the concluded contract.

 

2. Reservation of services

a) Reservations may be made by the Customer on his/her own behalf or on behalf of a third party.

b) The reservation shall be confirmed to the customer (guest) by the accommodation provider after the guest has received the order in the form of: telephone, written, or electronic.

c) The order must contain: the name and surname of the guest, in the case of a legal entity its name and ID number, the date of use of hotel services, contact details: telephone number, address of the guest, email contact, method of payment for services, in the case of a legal entity or a natural person entrepreneur billing details, the scope and type of services ordered.

d) The accommodation provider is obliged to process the order within 24 hours, or on the next working day in case of group bookings, by confirming the order or booking or by rejecting it.

e) Upon confirmation of the order, the hotel shall issue a confirmation of the reservation, confirming the scope of services to the guest in writing or electronically. Confirmation of the order by the accommodation provider shall constitute a contract concerning the confirmed services between the accommodation provider and the customer (guest) concluded by

 

3. Prices and payment terms

a) The accommodation provider provides the guest with prices based on the currently valid price lists at the date of order confirmation or reservation.

b) The accommodation provider reserves the right to change the price of the services provided during the calendar year.

c) The price stated in the booking confirmation is binding.

d) The client is not entitled to a price reduction if the promotional price of the accommodation has been published after the confirmation of the reservation.

e) Discounts and promotions cannot be combined or cumulated.

f) On the day of departure, the guest is obliged to pay for all hotel services and accommodation used in cash at the reception, by credit card or debit card.

g) The form of payment must be agreed in advance.

h) Any arrangements that are different in scope or content from those provided for in these General Terms and Conditions must be agreed in advance by the accommodation owner and both parties and confirmed in writing in a separate framework agreement or other written contract.

 

4. Advance payment

a) The accommodation provider has the right to request from the customer (guest) an advance payment of up to 100% of the price of the ordered services, due no later than 7 days after the confirmation of the reservation. The reservation becomes binding only when the advance payment is made to the hotel’s account.

b) All services booked must be paid for no later than the day of check-in; if all services booked are not paid for, the hotel is not obliged to provide any services.

c) On the date of crediting the advance payment to the accommodation provider’s account, the order is confirmed by the hotel and is binding for the accommodation provider. From the time of receipt of the order by the Customer until the time of payment of the advance invoice, the date of the service shall be deemed to be booked. The paid advance payment will be settled in a proper tax document (invoice) after the end of the stay. In the event that the Customer fails to pay the advance invoice duly and on time, the accommodation provider is entitled to cancel the reservation and not to provide the services ordered.

 

 5. Cancellation policy

  1. The accommodation provider is entitled to charge the customer the cancellation fees listed below in the event that the guest cancels his/her reservation in writing, by phone, or electronically within the following time limits:
  •  more than 7 days before the date of arrival 0 % cancellation fee,
  • 7 to 0 days before the arrival date 50 % cancellation fee and

b)   In case of early departure of the guest from the stay, the accommodation provider shall charge a cancellation fee of 100% of the total amount of the confirmed remaining stay, unless otherwise agreed.

c)   If the guest fails to show up for the stay and has not paid the full amount for the booked stay, but only the deposit, and does not contact the hotel by email or phone about the late arrival, the accommodation provider is entitled to cancel such reservation by 12:00 noon of the next day after the guest’s scheduled arrival date.

 

6. Services provided

a) The guest may check in on the day of arrival at 15:00 at the earliest unless otherwise agreed in advance. The guest is obliged to vacate the accommodation capacity on the day of departure by 11:00 a.m. If the guest does not vacate the room by 11:00, the hotel is entitled to charge the guest for the next day of stay unless otherwise agreed.

b) The accommodation provider reserves the right in exceptional cases to offer the guest a different accommodation than the one originally agreed, as long as it does not differ substantially from the confirmed order.

c) The accommodation provider is not responsible for jewellery, money, and other valuables stored outside the hotel’s safe. In any case, the hotel recommends the use of the built-in safe in the hotel room.

d) The guest has the right to receive all the services that have been agreed upon in the confirmed order. If half board is agreed, the use of these services starts with dinner on the day of arrival from 18:00.

e) Guests are not allowed to consume their own food and beverages in the restaurant and relaxation center. Unless otherwise agreed in writing in advance, consumption of own food and beverages is considered a material breach of the contract and the general terms and conditions, on the basis of which the accommodation provider may immediately terminate the contractual relationship with the guest (withdrawal from the contract) without refund from the guest.

f) Guests are not allowed to use their own electrical appliances in the accommodation, except for shavers, hairdryers, personal hygiene appliances, etc.

g) Small pets may only be accommodated with the prior written consent of the management. Such accommodation shall be charged according to the current price list. The guest is responsible for any damage caused by the animal during the stay. It is not allowed to leave the animal unattended alone in the room. The guest is obliged to respect the instructions for staying with a dog or other animal.

h) The property may extend the guest’s stay only if the resort has available capacity.

i) Reception will summon emergency medical assistance at the request of the guest. The accommodation provider is entitled to claim from the guest the required monetary compensation for the hotel’s expenses related to the guest’s treatment.

j) The contractual relationship between the guest and the accommodation provider ends on the day of his/her departure with the payment of the final bill. The guest is obliged to settle the bill on the spot in cash or by credit card. In the event that the guest ends his/her stay earlier than agreed in the reservation, the accommodation provider has the right to charge the guest for the entire agreed stay.

k) The guest shall be liable for any damages caused by him/her during the stay. In the event that the damage is caused by a child, the liability shall be borne by his/her legal representative.

l) The accommodation provider is entitled to terminate the guest’s stay and withdraw from the contract with immediate effect and without the guest’s right to a refund of any money even if: the guest intentionally or negligently damages the property of the hotel, behaves in violation of the principles of good social behavior and morality, harasses other guests with his/her behavior, the guest’s state of health endangers the health of other guests and staff, due to force majeure. In case of complaints, the guest is obliged to report this fact immediately and without delay to the hotel reception.

m) The accommodation provider is entitled to check the guest’s room during his/her stay and to ensure that the room is cleaned according to the hygiene regulations.

n) If the accommodation provider discovers, after the guest’s departure, damage to the inventory or theft of the accommodation provider’s property, the accommodation provider shall be entitled to charge the hotel’s receivables arising from the aforementioned facts to the guest’s credit card or by issuing and sending a bill to the guest’s address.

o) The Guest shall abide by the Hotel’s accommodation regulations in force.

 

7. Other penalties and fines

a) In the event of a false alarm due to non-compliance with fire safety precautions such as no smoking on the hotel premises, lowering the smoke screen at events, use of open flames on the hotel premises, the hotel may charge the person concerned a fee of up to €2,000.00.

 

8. Protection of personal data

a) In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27.04.2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and Act No. 18/2018 Coll. on the protection of personal data, the Provider does everything necessary to ensure compliance with this legislation, and the Subscriber declares that he/she has been informed of the rights and obligations regarding the collection and processing of personal data under this Act.

At the same time, the Subscriber grants the Provider consent to the processing of the personal data specified in the order to provide and deliver the ordered services and for the performance of the obligations imposed by the aforementioned law, for the period necessary to ensure the rights and obligations arising from the legal relationship between the Subscriber and the Provider. This consent may be revoked in writing with or without giving a reason. The subscriber declares that he is aware of his rights as a data subject.

 

Alternative dispute resolution

These GTC and legal relations arising on the basis of them are governed by Slovak law. Any disputes arising out of these GTC and the Contract shall be settled before a competent court in the Slovak Republic. The resolution of the Client’s claims in relation to the Services provided by the Hotel shall be governed by the Hotel’s Complaints Procedure. If the Client – consumer is not satisfied with the manner in which the Hotel has handled his/her complaint or believes that the Hotel has violated his/her rights, the Client has the right to contact the Hotel as a seller with a request for redress.

If the Hotel responds to the Client’s request pursuant to the preceding sentence in a negative manner or fails to respond to such request within 30 (thirty) days from the date of its dispatch by the Client, the Client shall have the right to submit a proposal for the commencement of an alternative dispute resolution to an alternative dispute resolution entity pursuant to Section 12 of Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes and on Amendments and Additions to Certain Acts.

The competent entity for alternative dispute resolution of consumer disputes with the Hotel as a seller is: Slovak Trade Inspection, which can be contacted for the above purpose at the Central Inspectorate of SOI, Department of International Relations and ADR, Prievozská 32, Post Office Box 29, 827 99 Bratislava, or electronically at ars@soi.sk, or adr@soi.sk, or another competent authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list of authorized entities is available on the website https://www.mhsr.sk/business/consumer-protection/alternative-resolution-of-consumer-disputes-1/list-of-entities-of-alternative-resolution-of-consumer-disputes-1 whereby the Client has the right to choose which of the aforementioned alternative dispute resolution entities to turn to. The Client may use the online alternative dispute resolution platform available at https://europa.eu/youreurope/business/dealing-with-customers/solving-disputes/online-dispute-resolution/index_en.htm to submit a proposal for alternative resolution of his/her consumer dispute.

For more information on alternative dispute resolution for consumer disputes, please visit the Slovak Trade Inspection website: https://www.soi.sk/sk/Alternativne-riesenie-spotrebitelskych-sporov.soi.