General Terms and Conditions

General Terms and Conditions

1. The purpose of these General Terms and Conditions (hereinafter also the "GTC") is to establish a legal framework for the relationship between the operator of the Guesthouse and its clients, in order to ensure that the client is informed about the conditions for the provision of services.
2. It is presumed that the client has acquainted himself/herself with these GTC, unless he/she proves that access to them was restricted or prevented through the fault of the Guesthouse.
3. These GTC become binding for the Guesthouse on the day of their publication and for the client at the moment of ordering the service.

I. DEFINITIONS

For the purposes of this contract, the following terms shall mean:

Client – a natural or legal person who concludes a contract for the provision of services with the Guesthouse or sends the Guesthouse a binding order.

Guesthouse – the accommodation facility operated by RA GAMES s.r.o., with its registered seat at Jégeho 12, 821 08 Bratislava, registered in the Commercial Register of the Municipal Court Bratislava III, Section Sro, Insert No. 88366/B, ID No. (IČO): 47 035 269, represented by its executive JUDr. Jana Sikulová, MBA, under the name Penzión Mamut, address of the accommodation facility: Terézie Vansovej 1191, 050 01 Revúca.

Contracting parties – the Guesthouse and the client.

Service – accommodation services.

Individual reservation – one or more persons who jointly reserve accommodation at the Guesthouse for the same arrival and departure date, in a number of fewer than 5 rooms.

Group reservation – one or more persons who jointly reserve accommodation at the Guesthouse for the same arrival and departure date, in a number of 5 or more rooms.

Moment of payment – the day on which the funds are credited to the bank account, or the moment of receipt of cash at the reception desk.

Damage – means actual damage and lost profit. Damage shall be compensated in money; however, if the entitled party so requests and if possible, the damage shall be remedied by restoration to the previous state.

II. Conclusion of the contract

1. The conclusion of the contract means the agreement concluded between the Guesthouse and the client on the provision of accommodation services.
2. By concluding the contract, the Guesthouse undertakes to provide the client with services to the agreed extent and quality, while the client simultaneously incurs the obligation to pay the Guesthouse the agreed price and to compensate for any damage caused in connection with the use of the services.
3. The contract arises upon confirmation of the client's order (reservation) by the Guesthouse. Confirmation may be made in writing, by e-mail or by telephone.
4. The contracting partners are the Guesthouse and the client. If the services were ordered by a third party (intermediary), the intermediary itself shall be the obligated (contracting) party towards the Guesthouse, unless the parties agree otherwise.

III. Accommodation services

1. The Guesthouse is obliged to make the reserved rooms available to the client from 2:00 p.m. on the agreed day of arrival. The client is entitled to have the reserved room prepared before that time only if expressly agreed with the Guesthouse upon conclusion of the contract. The client is not entitled to be allocated a specific room, unless specifically agreed.
2. The client is obliged to vacate and leave the room no later than 10:00 a.m. on the agreed day of departure, unless agreed otherwise in advance. In the event of late vacating of the room, the Guesthouse is entitled to charge a fee for late vacating, for each commenced hour, according to the current price list.
3. If the client checks in before 9:00 a.m., he/she is obliged to pay the accommodation price for the entire preceding night.
4. Upon moving into the room, the client is obliged to report any defects, discrepancies or objections at the reception immediately after detecting them. The client shall proceed in the same manner if he/she discovers any damage to the room or its inventory. If the Guesthouse detects damage to the room or its inventory after the end of the client's stay without the client having notified the reception of such facts, the client is obliged to compensate the Guesthouse in full for the damage to the room or its inventory.

IV. Prices for services provided and payment terms

1. The client is obliged to pay the agreed price for the services provided; this also applies to services which the Guesthouse provided to third parties at the client's express request.
2. The agreed price is the price stated in the reservation confirmation.
3. The prices stated in the price list are final and include value added tax; they do not, however, include local taxes and breakfast.
4. If the period between the creation of the reservation and the provision of accommodation exceeds 4 months, during which accommodation prices increase, the Guesthouse may reasonably increase the agreed price, but by no more than 10% of the agreed price.
5. The Guesthouse may also change the price if the client subsequently changes, with the Guesthouse's consent, the number of reserved rooms, the scope of services, the length of stay, etc.
6. The Guesthouse is entitled to request payment in advance upon conclusion of the contract.
7. Unless agreed otherwise in advance, the basis for billing the ordered and used services is a tax document – an invoice issued on the day of the client's departure from the premises. The invoice must contain all particulars required by the applicable legal regulations of the Slovak Republic.
8. The invoice is due within 14 days of its issue. The invoice is deemed paid on the day the relevant amount is credited to the Guesthouse's bank account.
9. In the event of late payment, the Guesthouse is entitled to charge default interest of 0.5% of the overdue payment for each day of delay.
10. Set-off of the client's claim against the Guesthouse is possible only if the client's set-off claim against the Guesthouse is undisputed or final and enforceable.

V. Deposit for accommodation services

1. Unless another written agreement is concluded with the Guesthouse, the Guesthouse is entitled to require an advance (deposit) payment of 50% of the total price of the ordered services, no later than 14 days before the start of the stay.
2. Payment of the deposit confirms the binding nature of the contract. In the event of cancellation, the paid deposit is non-refundable and serves as liquidated damages (lost profit).
3. If the deposit is not paid on time, the Guesthouse reserves the right to cancel the reservation without prior notice.

VI. Cancellation conditions

1. The client has the right to cancel the ordered accommodation.
2. Unless otherwise stipulated or agreed, the cancellation fees determined from the price of the services or event are as follows:
3. For individual reservations less than 24 hours before arrival or in the event of a no-show – 100% of the price of the stay.
4. In the event of a client-confirmed shortening of the stay upon or during arrival, the client will be charged a cancellation fee of 80% of the amount for the unused accommodation services that were ordered and bindingly reserved in advance.
5. In the event of a group reservation (5 rooms or more) less than 14 days before the start of the stay, a no-show or a reduction in the number of reserved rooms, the paid deposit of 50% of the total reservation price will be used as liquidated damages (lost profit). If the deposit has not been paid, the client will be issued an invoice for cancellation of the stay amounting to 50% of the total price of the stay.

VII. Complaints and refund conditions

1. The client is entitled to file a complaint regarding the quality and scope of the accommodation and related services provided. The client is obliged to file a complaint without undue delay after detecting a defect, where possible during the stay at the reception, so that the defect can be remedied on the spot.
2. If the client is a consumer, the Guesthouse is obliged to handle the complaint in accordance with applicable legal regulations, no later than 30 days from the date it was filed, unless the parties agree on a longer period.
3. If the client becomes entitled to a refund of an already paid amount or part thereof (in particular due to cancellation of the reservation by the Guesthouse, failure to provide the ordered service, a justified complaint, or by agreement of the parties), the Guesthouse shall refund the relevant amount to the client without undue delay, no later than within 14 days from the day the entitlement to the refund arose, or from the day the client's refund request was delivered.
4. The refund shall be made using the same payment method the client used for the original payment (e.g. refund to the payment card or bank account), unless the client and the Guesthouse agree on another method of refund. No additional fees shall be charged to the client in connection with the refund.
5. The entitlement to a refund under this article is without prejudice to the cancellation fees under Article VI of these GTC. In the case of duly charged cancellation fees, the client is refunded the paid amount reduced by such cancellation fees.

VIII. Alternative resolution of consumer disputes

1. The contractual relationship between the Guesthouse and a client who is a consumer (i.e. a natural person who, when concluding and performing the contract, does not act within the scope of his/her business activity, employment or profession) is governed by generally binding consumer protection regulations, in particular the Consumer Protection Act as amended and Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes, as amended (the "ADR Act").
2. The consumer has the right to contact the Guesthouse with a request for redress if he/she is not satisfied with the way the Guesthouse handled the complaint, or if he/she believes the Guesthouse has violated his/her rights. The request for redress may be sent to the contact details stated in the heading of these GTC.
3. If the Guesthouse responds to the request for redress in the negative or does not respond within 30 days from its dispatch, the consumer has the right to file a motion to initiate alternative dispute resolution with an ADR entity under the ADR Act. ADR entities are the authorities and authorised legal persons under § 3 of the ADR Act; their list is kept by the Ministry of Economy of the Slovak Republic and is available at https://www.mhsr.sk. The consumer may file the motion in the manner set out in § 12 of the ADR Act.
4. The consumer may also use the online dispute resolution (ODR) platform, available at https://ec.europa.eu/consumers/odr, to file a motion for alternative dispute resolution.
5. Alternative dispute resolution concerns only a dispute between a consumer and the Guesthouse as the seller, arising from or relating to a consumer contract. It does not concern disputes where the value of the dispute does not exceed EUR 20. The ADR entity may require the consumer to pay a fee for initiating the alternative dispute resolution of up to a maximum of EUR 5 including VAT.

IX. Withdrawal from the contract by the Guesthouse

1. The Guesthouse is entitled to withdraw from the contract if a reservation was agreed with the client's option to withdraw without an obligation to pay (option) within a certain period, the Guesthouse has demand for the rooms so reserved, and the client, upon the Guesthouse's renewed inquiry, does not waive its right of withdrawal. The Guesthouse is also entitled to withdraw from the contract if:
   1. this right was agreed in writing with the client for reasons stated in the contract, the client does not insist on performance by the Guesthouse, the client has overdue outstanding obligations towards the Guesthouse, advance or deposit payment was agreed upon reservation and the client failed to fulfil its obligation on time (the Guesthouse may withdraw no later than the moment the client fulfils the obligation);
   2. circumstances arose for which the Guesthouse is not responsible (e.g. force majeure) that make performance impossible, or the services were reserved by providing false, misleading or incorrect client data or other material facts;
   3. the Guesthouse has reasonable grounds to believe that the use of the services could endanger the proper operation, safety or reputation of the Guesthouse towards the public, without this being attributable to the owners of the Guesthouse.

X. Liability for damage to items brought in or stored

1. The Guesthouse is not liable for damage to stored items, jewellery, valuables and money brought in by accommodated clients, unless the damage occurred otherwise.
2. By providing a parking space, no contract of custody or deposit arises. The Guesthouse is not liable for the loss of or damage to motor vehicles parked or moved on the premises and their accessories.
3. The Guesthouse is not liable for injuries to clients, unless the damaging event was caused by the Guesthouse through its gross negligence or intent.

XI. Special provisions

1. Animals (pets) may not be brought into the Guesthouse.
2. Smoking is permitted only in designated areas of the Guesthouse. Smoking is prohibited in all other areas. In the event of a breach of this prohibition, the Guesthouse is entitled to impose a penalty of EUR 300 on the client for each detected breach.
3. No substances of a dangerous nature, explosives and ammunition, corrosives, poisons or toxic substances, infectious or radioactive materials may be brought into the Guesthouse.
4. The Guesthouse will accept messages, postal items and goods consignments intended for guests. It will send guests' consignments at the client's request and for a fee.
5. The Guesthouse forwards found items only at the client's request and at the client's expense. Such items are stored for a maximum of 1 month. After this period, items of evident value will be handed over to the competent authorities.

XII. Final provisions

1. These GTC and the legal relationships arising on their basis are governed by the law of the Slovak Republic.
2. Should individual provisions of these GTC be or become ineffective or invalid, this shall not affect the validity or effectiveness of the remaining provisions of these GTC.
3. By placing an order, clients confirm their consent to these valid GTC. The Guesthouse reserves the right to amend these GTC. The obligation to notify the GTC in writing is fulfilled by placing them in accessible locations on the premises and on the website https://www.mamutrevuca.sk.