GENERAL TERMS AND CONDITIONS OF LOPUŠNÁ DOLINA RESORT

These General Terms and Conditions (hereinafter the “GTC”) govern the rights and obligations of the contracting parties arising from agreements concluded between the operator of Lopušná dolina Resort: REKREATOUR, s. r. o., Štúrova 101, 059 21 Svit, Slovak Republic, Company ID (IČO): 51 68 38 14, Tax ID (DIČ): 21 20 75 15 45, VAT ID (IČ DPH): SK 21 20 75 15 45 (hereinafter the “Hotel”) and the customer or guest (hereinafter the “Guest” or “Customer”), relating to the provision of accommodation and other hotel services of Lopušná dolina Resort, including the cancellation policy and the complaints procedure, which form an integral part of these GTC.

Unless otherwise agreed in writing between the parties, the application of any other contractual terms is expressly excluded. By placing an order, the Customer irrevocably accepts these GTC in full, including the cancellation policy (Article IV) and the complaints procedure (Article VI), unless otherwise agreed in writing between the parties.

Article I – Formation of the Contract

1.1  A contract for accommodation or the provision of another service is formed upon confirmation of the order by the Hotel in written form – by e-mail (hereinafter the “Contract”). Unless otherwise agreed in writing between the contracting parties, the decision to accept or refuse an order rests with the Hotel at its own discretion in every case.

1.2  Where an order is placed by a third party, such person is liable to the Hotel jointly with the Guest, as a joint debtor, for all obligations arising from the Contract, provided that the relevant declaration from the Guest is submitted to the Hotel.

1.3  Any sublease or further letting of rooms, or their use for purposes other than accommodation, requires the prior written consent of the Hotel. A breach of this obligation by the Customer entitles the Hotel to withdraw from the Contract.

Article II – Terms and Manner of Accommodation

2.1  The Hotel may only accommodate a Guest who has been duly registered for accommodation. For this purpose, the Guest shall present a valid identity document to the relevant Hotel employee – an identity card, passport, or voucher – pursuant to Act No. 135/1982 Coll. on the Registration and Records of Residence of Citizens, as amended, and Act No. 18/2018 Coll. on the Protection of Personal Data, as amended.

2.2  Every Guest who is not a citizen of the Slovak Republic is obliged, pursuant to Act No. 404/2011 Coll. on the Residence of Foreigners, as amended, to complete and submit the official residence registration form at the reception, providing all required information truthfully and in full.

2.3  The Hotel provides accommodated Guests with services to the extent and quality determined by the applicable generally binding legal regulations governing the categorisation and classification of accommodation and catering facilities.

2.4  In exceptional cases, the Hotel may offer the Guest accommodation other than that agreed, provided it does not materially differ from the confirmed order.

2.5  If a Guest has booked a single room and the Hotel has confirmed the order, the Hotel shall charge the Guest only the price of a single room, even if the Guest has been accommodated in a multi-bed room or cottage.

2.6  Based on the accommodation booked, the Hotel is obliged to accommodate the Guest between 14:00 and 24:00 at the latest. The Hotel shall hold the room for the Guest until that time, unless otherwise agreed in the order.

2.7  Upon occupying the room, the Guest shall, in their own interest, check the condition and functionality of the room’s facilities and immediately report any defects to the Hotel reception.

2.8  The Guest agrees that Hotel staff (housekeeping manager, room attendant, maintenance worker, receptionist, or Hotel management) may enter the Guest’s room during the stay in order to carry out their duties.

2.9  Upon repeated arrival at the Hotel, the Guest is obliged to present a valid identity document at the request of the reception staff.

2.10  The Guest is obliged to check out and vacate the room no later than 10:00 on the following day, unless individually agreed otherwise in advance. If this obligation is not met, the Hotel is entitled to charge a late check-out fee in accordance with Annex No. 1 to these GTC.

Article III – Payment Terms

3.1  The price for accommodation or another service is determined according to the Hotel’s price list valid at the time the Contract is concluded, unless the parties have individually agreed otherwise. The price list of services provided is published by the Hotel on its website and at the reception.

3.2  The Hotel is entitled to request an advance payment from the Guest of up to 100% of the accommodation price at the time of booking. The booking becomes binding on the Hotel only once the advance payment has been credited to the Hotel’s account, unless otherwise agreed in writing.

3.3  The Guest is obliged to pay the price for accommodation and any additional services used, in accordance with the Hotel’s valid price list, including services and expenses incurred by the Hotel towards third parties on the Guest’s behalf. The Guest is obliged to settle the price for accommodation and all services provided no later than on the day the stay ends, based on the statement or invoice presented.

3.4  If the Guest terminates the agreed stay early, the Hotel is entitled to charge the Guest the full price for the entire length of the originally booked stay.

3.5  Agreed prices include the price of accommodation, service charge, and applicable value added tax. If more than 4 months elapse between the conclusion and the performance of the Contract and the Hotel’s generally charged price increases, the Hotel may reasonably increase the agreed price, by no more than 10%. The Hotel may also change the price where the Guest subsequently requests a change to the number of rooms, the scope of services, or the length of stay, and the Hotel agrees to such change.

3.6  The Hotel is entitled to invoice the Guest for any receivables arising as due and to request immediate payment. In the event of late payment, the Hotel is entitled to charge default interest. By agreement with the Guest, the Hotel may issue an invoice with a maturity of no more than 14 days from its issue date.

3.7  A Guest who insists on being accommodated before 14:00 is obliged to pay the full price for the preceding night as well, unless individually agreed otherwise in advance.

3.8  If the Guest requests an extension of the stay, the Hotel may offer a room other than the one originally occupied, and the Guest is obliged to accept this.

3.9  If the Guest shortens the stay, the Hotel is entitled to charge the Guest 50% of the accommodation price for each day by which the stay is shortened, without prejudice to the cancellation policy under Article IV of these GTC.

3.10  In the event of cancellation of a booking by the Guest, the Hotel shall proceed and charge cancellation fees exclusively in accordance with the cancellation policy set out in Article IV of these GTC.

Article IV – Cancellation Policy and Withdrawal from the Contract

4.1  If the Customer cancels the Contract before the start of the stay, the Customer is obliged to pay the Hotel a cancellation fee in accordance with this article. The cancellation fee represents a percentage of the price of the agreed services. Unless otherwise agreed in the Contract, the amount of the cancellation fee is determined by the period elapsed between the time of cancellation and the planned start date of the agreed services.

4.2  The following cancellation fees apply where the Guest cancels a stay:

– 28 or more days before the agreed start of the stay – the Hotel does not charge any cancellation fee;

– 27–15 days before the agreed start of the stay – a cancellation fee of 50% of the price of the stay;

– 14–0 days before the agreed start of the stay – a cancellation fee of 100% of the price of the stay;

– in the case of a non-refundable rate booking, 100% of the price is payable in advance with no possibility of a refund.

4.3  Notwithstanding the cancellation terms set out in this article, the Hotel will always assess the cancellation terms individually for each booking, with the aim of offering the Guest more favourable terms where possible.

4.4  If an agreed or requested advance payment is not made even after the expiry of a reasonable additional period set by the Hotel, the Hotel is entitled to withdraw from the Contract. The Hotel is further entitled to withdraw from the Contract for the following reasons:

– the Guest breaches its obligations under these GTC, or grossly violates good morals despite a warning, or otherwise grossly breaches its obligations under the Contract or the house rules;

– force majeure or other circumstances for which the Hotel is not responsible occur and render performance of the Contract impossible;

– the rooms were booked on the basis of misleading or incorrect information about the Customer or other material facts;

– the Hotel has reasonable grounds to believe that the Customer’s use of the Hotel’s services could jeopardise the smooth operation or safety of the Hotel, its employees or guests, or could damage the Hotel’s good reputation.

Where the Hotel withdraws from the Contract, the Guest is not entitled to any compensation for damages.

Article V – Liability of the Hotel and the Guest; Operating Rules

5.1  For safety reasons, children under the age of 10 may not be left unsupervised by an adult in a room, cottage, or other Hotel premises. In the event of an injury or other unforeseen circumstances, the person with whom the child is registered for the stay at the Hotel is responsible for the child.

5.2  Guests are required to observe night quiet hours between 22:00 and 06:00. Social events after 22:00 may only be organised with the consent of Hotel management, in the designated areas.

5.3  The Hotel is not liable for any disputes or conflicts between Guests, but shall, within the limits of the law, take the necessary measures to maintain order and quiet in the accommodation and restaurant areas.

5.4  Common areas are provided for receiving visitors. In a hotel room/cottage, the Guest may receive visitors only with the consent of the reception, between 08:00 and 20:00. The reception staff is entitled to request an identification document from the visitor.

5.5  The house rules are also binding on all of the Guest’s visitors; the Guest is responsible for their compliance by any persons who visit them in the room or cottage. If a visit lasts longer than 2 hours, the reception staff is entitled to require payment for accommodation in accordance with the Hotel’s valid walk-in price list, and in justified cases may refuse to allow the visit in the room.

5.6  In the event of illness or injury to a Guest, the Hotel will arrange for first aid to be provided.

5.7  Without the prior written consent of the responsible employee or Hotel management, the Guest is prohibited from making any changes to the fixtures of the room, cottage, or common areas, or from interfering with the electrical or other installations. It is likewise prohibited to use one’s own tents, shelters, gazebos, or other temporary structures within the Hotel grounds.

5.8  The use of personal portable electrical or gas appliances is not permitted anywhere on the Hotel premises; this restriction does not apply to appliances installed in the room/cottage or to portable personal hygiene devices (hairdryer, shaver, and similar).

5.9  Smoking and the use of drugs or other narcotic substances is not permitted on the Hotel premises; a breach of this prohibition is subject to a fee of EUR 50.

5.10  Pets may be accommodated only if the owner can demonstrate that the animal is in good health. Bathing or washing animals in the bathtub, shower, or sink is not permitted, nor may Hotel inventory intended for the preparation or serving of food to Guests be used to feed animals. The person accompanying the animal is liable for all damage caused by it to the Hotel’s property; dogs may only move around the premises on a leash and accompanied by their owner. The price for accommodating an animal is set out in the Hotel’s valid price list.

5.11  Upon departure, the Guest is obliged to switch off electrical appliances, close the water taps and windows, take the room/cottage key, and hand it in at the reception; a fee of EUR 50 is charged for the loss or damage of a key. The Guest shall, in their own interest, check that the room has been properly locked.

5.12  The Hotel is liable for damage to items brought into the Hotel by the Guest in accordance with the relevant provisions of the Civil Code. The Hotel is not liable for damage to items brought into areas not designated for accommodation or for the safekeeping of items, nor for jewellery, cash, or other valuables; Guests may deposit valuables free of charge in the safe at the reception. The Hotel is not liable for items left behind or lost on the Hotel premises, nor for damage incurred by the Guest outside the Hotel premises, nor for motor vehicles and items left in them in the Hotel car park. Found items will only be forwarded at the Guest’s request and will be stored at the Hotel for a maximum of one month.

5.13  The Guest is obliged to report any defects, discrepancies, or damage to the room, its equipment, or inventory to the reception immediately upon discovery. If the Hotel discovers damage after the end of the stay that was not reported by the Guest, the Guest is obliged to compensate the damage in full. The Guest is liable, in accordance with applicable legal regulations, for damage caused to the Hotel’s fixtures or inventory, including damage caused by persons for whom the Guest is responsible or whom the Guest has allowed to stay. Compensation for damage is due no later than on the day the stay ends, upon settlement of the account or on the basis of an invoice.

5.14  Complaints from Guests and suggestions for improving operations are received by the reception manager or Hotel management. Complaints are handled in accordance with the complaints procedure set out in Article VI of these GTC.

5.15  A Hotel employee is not authorised to provide any information about accommodated Guests to third parties, except to members of the Police Force upon presentation of the relevant identification.

5.16  The Guest is obliged to comply with the provisions of these house rules and with the general moral and ethical standards customary in the Slovak Republic. In the event of a breach, the Hotel has the right to withdraw from providing its services before the agreed time has elapsed, in accordance with Article IV of these GTC.

Article VI – Complaints Procedure

6.1  The provisions of this article constitute a complaints procedure issued pursuant to Act No. 40/1964 Coll., the Civil Code, as amended, and Act No. 250/2007 Coll. on Consumer Protection and amending Act of the Slovak National Council No. 372/1990 Coll. on Offences, as amended.

6.2  This complaints procedure governs the process for asserting liability for defects in goods and services sold and provided by the Hotel to customers as consumers.

6.3  By personally taking receipt of goods or a service provided, the Customer confirms that they have been made aware of, and agree to, the contents of this complaints procedure.

6.4  A “complaint” means the assertion of liability for a defect in a product or service. “Resolution of a complaint” means the conclusion of the complaints procedure by handing over a repaired product, replacing the product, providing a defect-free service, refunding the price, paying a reasonable discount, issuing a written call to accept performance, or a reasoned rejection.

6.5  The Customer has the right to complain about deficiencies in services provided and defects in goods purchased, including the right to have them remedied, replaced, or supplemented, to receive a replacement service, or to receive a reasonable discount on the agreed price. Rights arising from liability for defects are asserted at the Hotel reception or with the serving staff member.

6.6  Notice of the Hotel’s liability for defects pursuant to Sections 622 and 623 of the Civil Code:

– where a defect is remediable, the Customer has the right to have it remedied free of charge, promptly, and properly; the Hotel is obliged to remedy the defect without undue delay;

– instead of having the defect remedied, the Customer may request that the item, or the relevant part of it, be replaced, provided this does not result in disproportionate costs for the Hotel;

– the Hotel may always replace a defective item with a defect-free one instead of remedying the defect, provided this does not cause the Customer significant inconvenience;

– where a defect is irremediable and prevents the proper use of the item, the Customer has the right to a replacement item or to withdraw from the Contract; the same right applies where a remediable defect recurs or where there are numerous defects;

– in the case of other irremediable defects, the Customer has the right to a reasonable discount on the price.

6.7  Procedure for handling complaints – catering services: in the event of a defect in food, meals, or beverages, the Customer has the right to have them replaced, to a refund of the amount paid, or to a discount. If the quality, weight, quantity, or temperature of a meal or beverage does not comply, the Guest has the right to have the defect remedied free of charge, properly, and immediately. Deficiencies in food and beverages intended for immediate consumption must be reported as soon as they are discovered, preferably directly to the serving staff member; deficiencies relating to quantity or weight must be reported before consumption begins.

6.8  Procedure for handling complaints – accommodation and other services: the Customer has the right to have deficiencies remedied free of charge, properly, and promptly, in particular by way of: a) replacement of defective or supplementing of missing minor room equipment; b) replacement of defective goods; c) alternative accommodation in another room at the Hotel; d) where defects of a technical nature cannot be remedied (e.g. a heating fault, low water pressure, power outage) and the Hotel is unable to offer alternative accommodation, the Guest, if accommodated in such a room, has the right to a discount on the base price by mutual agreement, or the right to withdraw from the Contract before the overnight stay and to a refund of the price paid for accommodation.

6.9  Complaints regarding other goods or services must be lodged by the Guest at the Hotel where the goods or service were purchased, immediately or without undue delay, on the basis of the receipt, and in the case of goods, no later than the end of the warranty period; the Hotel is not obliged to accept a complaint without proof of purchase. Complaints regarding deficiencies in accommodation must be lodged by the Guest with the reception staff without undue delay, and no later than 15 days after the end of the stay, failing which the right to complain lapses.

6.10  When lodging a complaint, the Customer shall present the relevant documents evidencing the provision of the service or the purchase of the goods and describe the defect being complained of. Deficiencies identified upon moving into the room must be reported to the reception immediately, failing which the Hotel is not obliged to accept the complaint.

6.11  Complaints are handled by the manager of the hotel and restaurant services department or an employee authorised by them, who shall examine the complaint and decide on the manner of its resolution. If a complaint cannot be resolved by agreement, a written record of the complaint shall be drawn up with the Customer, stating the designation of the service/goods, the time it was provided/purchased, and a description of the defect. A decision on the merits of the complaint shall be made immediately, or in complex cases no later than within 3 working days; where expert assessment is required, the time limit for resolving the complaint is 30 days. The Customer shall receive a copy of the record of the complaint and of how it was resolved.

6.12  The Customer is obliged to provide the Hotel with the cooperation necessary to resolve the complaint, in particular by providing truthful information and, where necessary, allowing a Hotel employee access to the relevant area for the purpose of verifying the validity of the complaint.

6.13  The Hotel reserves the right to unilaterally amend or update this complaints procedure; any such amendment will always be published at the Hotel reception and on the Hotel’s website.

Article VII – Protection of Personal Data

7.1  The Hotel declares that personal data provided by the Customer for the purpose of fulfilling the ordered service is collected, processed, and stored in accordance with the applicable legal regulations of the Slovak Republic and the European Union governing the protection of personal data, in particular Regulation (EU) 2016/679 (GDPR) and Act No. 18/2018 Coll. on the Protection of Personal Data, as amended.

7.2  The Customer grants the Hotel consent to collect and process personal data for the purpose of fulfilling the subject matter of the Contract being concluded, until such time as this consent is withdrawn in writing. Details of the processing of personal data are set out in a separate personal data protection document published on the Hotel’s website.

Article VIII – Final Provisions

8.1  Matters not regulated by these GTC or by the Contract shall be governed by the relevant provisions of the generally binding legal regulations of the Slovak Republic that are, by their nature, closest to them.

8.2  If any provision of these GTC becomes ineffective or invalid, this shall not affect the validity and effectiveness of the remaining provisions.

8.3  Amendments or additions to a Contract concluded between the Hotel and the Guest, as well as amendments to these GTC, require written form and the consent of an authorised representative of the Hotel in order to be effective. Unilateral amendments or additions made by the Guest are ineffective.

8.4  The place of performance and payment is the registered seat of the Hotel. The Hotel reserves the right to amend these GTC. The obligation to provide written notice of amendments to the GTC is fulfilled by their publication at accessible locations on the Hotel premises and on the Hotel’s website.

These General Terms and Conditions, including the cancellation policy and the complaints procedure, are valid and effective as of 1 January 2024.

PhDr. Miroslava Pažitná Gazíková
Director, Lopušná dolina Resort

These GTC are drawn up in the Slovak and English languages. In the event of any discrepancy between the Slovak and English versions, the Slovak version shall prevail.

Annex No. 1 – Late Check-out Fees

Time of late check-out	Fee
until 14:00	EUR 10/room
after 14:00	EUR 20/room

Effective as of 1 January 2024.

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