GENERAL BUSINESS TERMS AND CONDITIONS AND
I. Introductory Provisions
1. These General Business Terms and Conditions (hereinafter referred to as the "House Rules") stipulate the rules of accommodation in the property located at Blattného 2343/13, Stodůlky, 158 00 Prague 5. The lodging is operated by Pohoda student, s.r.o, Business Reg. No.: 03383636, with registered office at Blattného 2343/13, Stodůlky, 158 00 Prague 5, incorporated in the Commercial Register under the file No. C 230938, kept with the Municipal Court in Prague, email: firstname.lastname@example.org, web: http://www.rooms5.com (hereinafter also referred to as the “Accommodation Operator”).
2. The House Rules form an integral part of each and any contract for accommodation concluded between the Accommodation Operator and a natural or legal person (hereinafter also referred to as the “Resident”) who is interested in lodging in the subject of accommodation .
3. As the case may be, the Accommodation Operator shall impart for use, besides the whole particular apartment, certain parts thereof, delimited by one or more individual rooms or parts thereof, usually defined as a particular bed placement and, where only a part of the apartment is rented, the relevant Resident shall have right to share the equipment and common areas of the apartment with the other flat-mates.
II. Procedure of the Contract for Accommodation Conclusion
A Contract for Accommodation (hereinafter also referred to as the “Contract”) may be concluded either in writing at the Accommodation Operator's office or at another location chosen by the contracting parties for that purpose. A Contract may also be concluded using the secure access of both parties to the web application available online at www.rooms5.com (hereinafter only the “Web Application”). The choice of the specific method of Contract conclusion shall be left at the discretion of the Resident. The Accommodation Operator may, in justified cases, particularly if the Resident presents himself/herself due to the fulfilment of his/her other obligations at the Accommodation Operator's offices, to set the method of the Contract conclusion at its discretion.
a) Conclusion of the Contract by means of the Web Application
1. As part of the procedure of the Contract conclusion through the Web Application, the Accommodation Operator shall provide the Resident through the Web Application with the text of the standard Contract and the House Rules, which the Resident shall complement with the necessary personal and contact data by filling in the following fields of the Web Application: name, surname, date of birth, nationality,ID card/passport No., address of permanent residence (street and number, city, postcode, country), telephone No. (in the Czech Republic), telephone No. (abroad).
2. Subsequently, the Resident shall acquaint himself/herself through the web application with the House Rules, document his/her personal data by sending a copy of his/her identity card or passport or by submitting it at the Accommodation Operator's office and pay an advance deposit in the specified amount. By paying the deposit, the Resident agrees that the deposit shall bear no interest.
3. Subsequently, the Accommodation Operator shall check fulfilment of the prerequisites for the Contract conclusion and shall submit a binding proposal for the Contract conclusion by signing electronically the draft contract and by sending it to the Resident through the click on the relevant field of the Web Application. Afterwards, by clicking on the appropriate field of the Web Application, the Resident shall declare that he/she has read the Contract and agrees therewith, thus accepting the Accommodation Operator's proposal on the Contract conclusion. The Contract shall become binding for both parties at the moment of the proposal acceptance by the Resident effected by clicking on the appropriate field in the Web Application.
b) Conclusion of the Contract in writing, not by means of the Web Application
If the Contract is concluded in writing rather than through the Web Application, all the required data may be provided by the Resident when the Contract is concluded. In such case, the Resident also shall be entitled to submit a copy of his/her ID card/passport and to pay the advance deposit at the Accommodation Provider's registered office. By paying the deposit, the Resident agrees that the deposit shall bear no interest. When concluded in writing, the Contract shall take effect upon its signing by both parties.
III. Rules for Use and Maintenance of the Subject of Accommodation
1. The Resident shall use the subject of accommodation in accordance with the provisions of the Contract and these House Rules, as well as with the generally binding legal regulations.
2. The Resident shall use the subject of accommodation for his/her own dwelling only and shall not let or otherwise loan it to other persons. The Resident shall not have right to register the subject of accommodation as his/her permanent residence or registered place of business, nor shall allow other person(s) to register the subject of accommodation as their domicile or registered place of business. Other persons may only use the subject of accommodation on the basis of a duly concluded contract with or other consent by the Accommodation Operator. For this purpose, the Resident shall be obliged to allow his/her identification with an ID card/passport and the entrusted chip locker at any time upon request of the Accommodation Operator or a person authorized thereby (e.g. receptionist or security guard). The Accommodation Operator or the authorized person shall have right to enter into the subject of accommodation in order to identify the persons using the premises, thus in an appropriate manner (see also Article IV.).
3. The Resident is obliged to pursue all and any hygienic (i.e. noise, odour, smoke, etc.), environmental (e.g. waste management), fire and safety standards, rules and regulations. In particular, the Resident shall not have right to use in the subject of accommodation any electrical appliances that do not meet relevant standards (ČSN, etc.), grills or heaters. Within the subject of accommodation, as well as in the apartment and the house where the subject of accommodation is located, it is forbidden to hold, be in possession, store or otherwise dispose of weapons and ammunition, combustibles, explosives, fireworks, other dangerous objects or machines, narcotics and/or psychotropic substances, including excessive volumes of alcohol, to abuse the devices of the fire protection system, to keep any animals and/or to place objects on window sills. The Resident shall not cover, obstruct or otherwise manipulate with smoke detectors, abuse fire alarms, use fire extinguishers unnecessarily, and tamper with energy consumption meters.
4. While using the subject of accommodation, the Resident shall in no way damage the subject of accommodation, nor the apartment or the house thereof, and shall not disturb the peace at night, shall abide to the the principles of civil cohabitation, shall not pollute the subject of accommodation or common areas, shall respect the neighbourhood, shall in no way limit and disturb the dwellers of neighbouring houses. All the residents shall abide to the peace at night from 22:00 p.m. until 7:00 a.m. The Accommodation Operator is permitted to gather photographic or videographic evidence of the negligent behaviour of the residents, who are in violation of these rules, or photographic or videographic documentation of the consequence of their actions. This will be used for protection of our property, to ensure the rights of other tenants and for protection of our rights should any third party assert any claims against us resulting from the negligent behavior of our residents.
5. The Resident is obliged to notify the Accommodation Operator of any defects and deficiencies on the property in which the subject of accommodation is located, which could endanger the safety of persons inside the building. If necessary, the Resident shall be obliged to call the fast rescue service, police, fire brigade, or other emergency service. When reporting such an event, the Resident shall report his/her name, surname and any relevant information in re the circumstances occurred.
6. The Resident is obliged to economize on electric and thermal energy, hot and cold water and, when leaving the subject of accommodation, switch off all the lights and electrical appliances, close the water taps and close the windows and doors of the rented room and apartment.
7. The Resident undertakes to keep the subject of accommodation in a condition which is eligible for the agreed use, thus at his/her own expense a robbery), intentional damage or deliberate destruction (vandalism - all damage occurred inside the apartment to which an unidentified perpetrator has penetrated after overcoming obstacles), etc., fall into the responsibility of the Resident shall be agreed at his/her own costs. The Accommodation Operator shall bear no responsibility for any chattels imported into the subject of accommodation by the Resident. In case the Resident suffers a loss of property or any other damage caused by a third party, he/she shall be obliged to report the fact to the Police of the Czech Republic and to claim the appropriate indemnity from the perpetrator and as of the date of its takeover. In particular, the Resident shall regularly clean the subject of accommodation, including its facilities (toilet, bathroom, entrance hall). He/she shall in particular: dispose of the garbage into the container located in front of the building in the designated area; ventilate the room properly; change bed linen regularly; perform basic cleaning of the toilet/bathroom after each use; check potential water leakage of the toilet, etc.; clean and wash the stove, workbench and (as the case may be) floor after every use of the kitchen; keep the floors in good condition (sweep and wipe).
8. The Resident shall be obliged to report the incidence of any undesirable insects and/or other parasites.
9. The insurance for the subject of accommodation against damage caused by natural disasters falls into the responsibility of the Accommodation Operator. The insurance of personal property against the damage due to natural disasters (including due to water main breakage), theft (theft, robbery), intentional damage or deliberate destruction (vandalism - all damage occurred inside the apartment to which an unidentified perpetrator has penetrated after overcoming obstacles), etc., fall into the responsibility of the Resident shall be agreed at his/her own costs. The Accommodation Operator shall bear no responsibility for any chattels imported into the subject of accommodation by the Resident. In case the Resident suffers a loss of property or any other damage caused by a third party, he/she shall be obliged to report the fact to the Police of the Czech Republic and to claim the appropriate indemnity from the perpetrator.
IV. Access to the Subject of Accommodation
1. The Accommodation Operator shall have right to carry out the checks at any time, in order to find out whether the obligations under these House Rules and/or Contract are abided to and whether the health, fire and safety regulations are observed.
2. If a deficiency is detected, the responsible employee of the Accommodation Operator shall draw a report on the check carried out, indicating the individual findings.
3. Persons authorized to carry out the checks:
· Accommodation Operator's representative
· security/fire-fighting technician
· watch-keeping personnel at the property
· property owner.
4. The inspection activities may also be performed by other persons, authorized by the Accommodation Operator to carry out the checks.
5. Checking of the status of the subject of accommodation shall be carried out with the utmost regard to the privacy of the Resident. Before entering the room, the Resident shall be notified by knocking on the door. If the objective of the check is to prevent an imminent danger (fire, accidents, injuries, etc.), the notification of the entry into the subject of accommodation is not obligatory. The inspection activities can not affect personal belongings of the Resident in his/her absence, unless this is strictly necessary for the protection of the others' lives, health and property.
6. Within the scope of their inspection activities, the authorized persons shall have right:
· to request submission of the chip card and personal ID card to document the Resident's right on accommodation;
· to invite any person that is not accommodated in the subject of accommodation to leave immediately;
· if a breach of the Resident's obligations is detected, to adopt measures preventing instantly continuation of such circumstances;
· in case the authorized person detects commitment of offences or criminal activity or preparation for such an activity, to call the Police of the Czech Republic or the Municipal Police.
7. In case there is a vacant bed or room in the apartment comprising the subject of accommodation, the Accommodation Operator shall be entitled to enter such an apartment and/or room at any time, without being obliged to notify the Resident thereof in advance.
V. Refurbishment and Repairs of the Subject of Accommodation
1. Minor maintenance repairs in the subject of accommodation and common areas thereof shall be provided by the Resident himself/herself and at his own expense. He/she shall also bear the costs of or provide for the removal of defects in the subject of accommodation resulting from normal wear and tear. The financial limit for minor repairs is set by agreement to the amount of CZK 3,000, which means that any repair within this financial limit is paid by the Resident (or jointly and severally with the other Residents of the same apartment, if any). All and any maintenance works and repairs shall the Resident immediately report to the Accommodation Operator in writing by e-mail. If the repairs under this paragraph are not carried out by the Resident, they will be performed by the Accommodation Operator at the Resident's expenses.
2. The Resident shall not have right to perform any refurbishment works, repairs, reconstructions and modernization, unless he/she receives prior written consent of the Accommodation Operator and unless he/she reaches an agreement with the Accommodation Operator on the extent to which the costs will be borne by them respectively. In the event that the Resident breaches this provision, he/she shall not be entitled to reimbursement of the costs incurred, he/she shall be liable for any incidental damage and, if required so by the Accommodation Operator, he/she shall be obliged to restore the subject of accommodation into its original state at his/her own expense.
VI. Visitors and Liability for Damages Caused by Third Persons
1. The Residents may receive visitors from 7.00 a.m. to 10.00 p.m., subject to reporting of the visit at the reception and the visitor's registration into the guest book. The visitor is required to present an identity document at the reception desk. Visits cannot be received against the will of the Resident's room-mates.
2. The visits are prohibited between 22.00 p.m. and 7.00 a.m. Any person entering the subject of accommodation during this time period shall be considered a guest, who must be reported and registered as an accommodated guest paying for the accommodation according to the relevant room price list per person and night.
3. A free of charge visit is only allowed to guests of the Residents who pay for two beds in a double room, thus only up to 7 days a month. Such visitor shall nevertheless also be entered in the guest-book.
4. The Resident shall alert the Accommodation Operator about an imminent damage to the subject of the accommodation, even if he/she is not liable thereof, and to enable the Accommodation Operator to arrange for the damage rectification in the Subject of Accommodation.
5. The Resident is liable for any damages caused to the subject of accommodation by other persons (e.g. by his/her visitors etc.) and is obliged to pay for all damages incurred. The Resident shall always be responsible for observation of the House Rules by his/her visitors and guests. Any breach of obligations by a guest shall be considered a violation of the obligation by the Resident.
VII. Serious and Particularly Serious Breach of Contract
1. Particularly serious breaches of the Contract include:
a) repeated delays in the repayment of the rent, related services or other payments;
b) violations of the Resident's obligations referred to in Article III, paragraphs (2), (3), (4) and (7) of the House Rules in a gross manner, in particular where the Resident seriously or irreparably damages the subject of accommodation or the apartment/house in which the subject of accommodation is located, causes otherwise serious damage or difficulty to the Accommodation Operator or to the persons dwelling in the apartment/house, uses the subject of accommodation otherwise unlawfully or for any purpose other than that agreed, lets the subject of accommodation for use by other persons without previous consent of the Accommodation Operator and/or carries out refurbishments, repairs, reconstruction or modernization without previous consent of the Accommodation Operator, etc.;
c) rude and indecent behaviour towards the agents and employees of the Accommodation Operator;
d) smoking in the subject of accommodation or in the apartment/house in which it is located and the consumption of alcohol in the common room;
e) allowing of visits and entry into the subject of accommodation to the persons with whom the Accommodation Operator has already terminated the Contract for Accommodation in the subject of accommodation by notice due to a serious or particularly serious breach of the Contract for Accommodation;
f) any violation of the rules for receiving of visitors under Article VI. of the House Rules, consisting in particular of allowing a third person to stay in the subject of accommodation between 22.00 p.m. and 7.00 a.m.;
g) repeated or extensive violations of the Resident's obligation referred to in Article XI, paragraph 3 of the House Rules.
2. A serious breach of the Contract shall be deemed the Resident's behaviour unfulfilling the parameters of a particularly serious breach of the Contract as set out in Article VII., paragraph (1) of the House Rules, while, at the same time, not being a minor breach of the Contract due to an ordinary negligence.
VIII. Moving into, Relocation and Clearance of the Subject of Accommodation
1. Moving into the Subject of Accommodation shall be carried out between 15:00 p.m. and 18:30 p.m. on the day the accommodation is initiated. The accommodation shall be cleared and handed over to the Accommodation Operator between 8:00 a.m. and 10:00 a.m. on the day that the accommodation comes to an end. If the Resident does not vacate and does not hand over the accommodation until 14:00 p.m. on the day the accommodation is terminated, the Accommodation Operator shall have right to ensure an eviction of the subject of accommodation at the Resident's expense and to enter into the Subject of Accommodation for such purpose (upon prior opening of the entrance door using the available technical means and aids, if necessary). The Accommodation Operator shall notify the Resident about such eviction in an appropriate manner and without undue delay. The evicted Resident's chattels shall be safely stored outside the subject of accommodation (room, apartment) for 10 days after the eviction and shall be returned to the Resident upon agreement. If the Resident does not take over his chattels within 30 days after the accommodation has terminated, such items will be dealt with pursuant the Resident's order to the Accommodation Operator included in the Contract, that is to say, as with an abandoned thing. In most cases, the Accommodation Operator discards the chattels, appropriates them, sells them, or otherwise deals therewith it at its discretion.
2. The Resident is obliged to hand over the subject of accommodation vacated, clean, perfectly tidy and in the same condition as the subject of accommodation and its equipment was in at the moment of their takeover (taking into account normal wear and tear due to standard use and maintenance of the subject of accommodation and its equipment during the contractual relationship). Prior to the handover, the Resident shall particularly wash the doors, washable wall tiles, surfaces and interiors of cabinets, tables, shelves and other furniture, shall wipe the floor of the room and clean the space behind the furniture, shall wash the fridge, the toilet, the shower, the wash basin, shall wipe the space under the bed, shall vacuum-clean the bed space and the mattress, shall dispose of the garbage, shall clean the waste-basket, etc. Each and any Resident leaving the subject of accommodation shall meet these obligations regardless of whether other Residents accommodated in the same room or apartment remain staying there. These obligations similarly apply to the Residents before a new Resident moves in to the room or apartment.
3. The day of the handover and the takeover of the subject of accommodation shall be deemed the last day of the agreed accommodation under the Contract.
4. The Accommodation Operator is entitled to move at its own discretion the Resident within the the property where the subject of accommodation is located, thus to a similar apartment/room as is the current subject of accommodation.
5. If there is no damage to the subject of accommodation, to common areas of the apartment and movable property, nor arrears in payments of the rent and other payments and if, at the same time, the apartment is properly cleaned (no dust or dirt), the repaid advance deposit shall be returned in full to the Resident's account within 30 days after the proper and non-defective termination of the accommodation. The Resident shall apply for returning of the deposit in writing.
IX. Personal Data Prodtection
1. The protection of personal data of the Resident, who is a natural person, is provided for by the Act No. 101/2000 Coll., On the Protection of Personal Data, as amended.
2. The Resident hereby agrees with the processing of the following personal data: name and surname, address, date of birth, birth number, identification number, tax identification number, ID card number, email address and telephone number (collectively referred to as "Personal Data").
3. The Resident hereby agrees with the processing of Personal Data by the Accommodation Operator for the purposes of the contractual rights and obligations enforcement and for the purpose of maintenance of the Web Application account. If the Resident does not choose otherwise, he/she also agrees with the processing of Personal Data by the Accommodation Operator for the purposes of sending information and business messages to the Resident.
4. The Resident acknowledges that he/she is required to state his/her Personal Data (when concluding the Contract for Accommodation, through his/her Web Application account) correctly and truthfully, and that he/she is obliged to inform the Accommodation Operator of any change thereof without undue delay.
5. The Accommodation Operator shall have right to assign processing of the Resident's Personal Data to a third person. No Resident's Personal Data held by the Accommodation Operator shall be disclosed to third parties without prior consent by the Resident, except for the Accommodation Operator's employees ensuring the accommodation.
6. The Personal Data shall be processed for an indefinite period, thus in an automated manner when processed electronically or in a non-automated manner when processed in a printed form .
7. The Resident confirms that the Personal Data provided thereby are accurate and that he/she has been informed this is a voluntary provision of Personal Data.
8. In the event that the Resident believes that the Accommodation Operator or the data processor processes his/her Personal Data in a manner conflicting with the protection of the Resident's private and personal life or violating the law, especially if such Personal Data are deemed thereby inaccurate with regard to the purpose of their processing, he/she shall have right:
a) to request explanation from the Accommodation Operator and/or data processor;
b) to request rectification of the state from the from the Accommodation Operator and/or data processor.
9. If the Resident asks for information about his/her Personal Data processing, the Accommodation Operator is obliged to provide such information thereto, while requiring an adequate consideration not exceeding the necessary costs of the information provision.
10. The Resident agrees with sending of the information related to the Accommodation Operator's services or business as well as with sending of the Accommodation Operator's commercial communications to the Resident's electronic address.
11. The Resident agrees with saving of so-called cookies on his/her computer. In the event that the operations in the Web Application may be performed and that the contractual obligations of the Resident may be fulfilled without saving of the so-called cookies on the Resident's computer, he/she shall have right to revoke the consent under the previous sentence at any time.
12. The Accommodation Operator hereby declares that all the Personal Data are deemed confidential, will be used only for the purposes of the Contract performance and the Accommodation Operator's marketing events and will not be otherwise disclosed, provided to a third person, etc., except for the purposes related to the accommodation or payments thereof.
13. The Accommodation Provider shall ensure that the subject of Data Protection does not suffer any harm to his/her rights, in particular the right on the preservation of human dignity, and also protects against unauthorized interference into the private and personal life of the subject of Data Protection.
14. All and any documents delivered to the Resident in relation with the subject of accommodation, in particular the contracts, remain the intellectual property of the Accommodation Operator and their disclosure or sharing with a third person must be approved by the Accommodation Operator.
15. The Resident acknowledges that the publicly accessible premises of the property, where the subject of accommodation is located, are monitored by a video-surveillance system.
X. Withdrawal from the Contract if Concluded Through the Web Application.
1. If the Contract was concluded through the Web Application, or other remote communication media, the Resident has right to withdraw from the Contract within 14 days from the date of the Contract conclusion without giving any reason. In order to exercise this right of withdrawal from the Contract, the Resident shall inform the Accommodation Operator thereof by means of a unilateral legal act (e.g. by letter sent through the postal service provider or by e-mail). The Resident may use the withdrawal form template available at the Web Application, but this specific form is not obligatory. In order to comply with the withdrawal period, it is sufficient to send the notice of withdrawal before expiration of the relevant period.
2. If the Resident withdraws from this Contract, the Accommodation Operator shall return thereto all the payments received, thus without undue delay and within 14 days of the date of the notice receipt. For the purposes of such refunding, the Accommodation Operator shall use the same means of payment as used by the Resident to execute the initial transaction, unless the Resident explicitly determines otherwise. If the subject of accommodation has been handed over for use to the Resident before such withdrawal from the Contract, the Resident shall repay proportionate part of the rent for the period during which the subject of accommodation was provided thereto. A withdrawal from the Contract shall in no way affect the Accommodation Operator's right on compensation for damages caused by the Resident or on the contractual penalty for any breach of the Resident's contractual obligations.
XI. Other Rights and Obligations of the Resident
1. The Resident shall have right to use the bed linen services, exchanged at regular intervals according to the terms set by the Accommodation Operator. Clean bed linen shall be available at the reception.
2. The Resident shall have right to use the mail reception service via the reception desk.
3. In the immediate vicinity of the property, where the subject of accommodation is located, it is forbidden to dispose of papers, cigarette butts, packaging and/or bottles; to shake out rubbish and dust, food and other waste outside the containers; to post up offerings, advertisements, posters and other printed material outside the designated places; to place signs and advertisements; to damage plaster and other similar surfaces of the property by inscriptions, paints and scratches; to damage, transport or destroy public utilities, benches, traffic signs, public lighting, railings, floral and other decorations, garbage bins and/or garbage containers; to dispose of burning cigarette butts and matches into the waste containers and to incinerate the contents thereof; to wash cars; and to make fire and to barbecue, except for barbecues previously approved by the Accommodation Operator and only in areas reserved for this purpose.
XII. Disputes Resolution
1. Any disputes arising under the Contract shall be settled solely in accordance with the applicable law of the Czech Republic and will be settled by general courts of the Czech Republic. The contracting parties hereby agree on the jurisdiction of the District Court for Prague 5. Should the dispute fall into the material jurisdiction of a regional court, the contracting parties hereby agree on the local jurisdiction of the Municipal Court in Prague.
2. The Residents, who are consumers, have the right on an out-of-court settlement of consumer disputes, thus pursuant to Act No. 634/1992 Coll., On Consumer Protection, as amended. The entity authorized to settle such out-of-court disputes is the Czech Trade Inspection Authority, with registered office at Štěpánská 567/15, 120 00 Prague 2, Reg. No.: 000 20 869. For more information, please see www.coi.cz. The out-of-court settlement of a consumer dispute is initiated only at the consumer's request and only if the dispute has not been resolved directly with the Accommodation Operator. The action may be filed not later than one year after the date on which the consumer exercised his/her rights being the subject of the dispute for the first time.
3. A consumer has the right to initiate an out-of-court dispute settlement online through the ODR platform available at ec.europa.eu/consumers/odr/.
XIII. Delivery of Notices
1. The Accommodation Operator is entitled to send any documents, including invoices, to the Resident by email (to his/her email address provided at the moment of the Contract signing) or through the Web Application. It is indisputable that a document is delivered on the day sending through the Web Application.
2. The Resident is obliged to notify the Accommodation Operator in advance of any change of his/her email in writing. Failing to do so, the Resident's email address used to create his/her secure access to the Web Application shall be deemed valid.
XIV. Final Provisions
1. These House Rules are valid and effective from the 16th of May 2022 and, as of the effective date, the Previous House rules become null and void in full.
2. In case any provision of the House Rules is or becomes invalid or ineffective, it shall be substituted by a new provision with the closest possible approximation to the invalid clause. Invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions. Changes of and amendments to the Contract or the House Rules shall be executed in writing at all times.
3. The Price List, attached hereto as Appendix 1, forms an integral part of the House Rules .
4. Contact information of the Accommodation Operator: mail address: Pohoda student, s.r.o., Blattného 2343/13, Stodůlky, 158 00 Praha 5; email address email@example.com, web: http://www.rooms5.com.
In Prague, on the 16th of May 2022
Pohoda student, s.r.o.
Neoddělitelnou součástí smlouvy je příloha, obsahující Sazebník s ceníkem způsobených škod.