General Business Terms and Conditions of the company Františkovy Lázně AQUAFORUM

Note: This is a non-binding translation of the official General Terms and Conditions. Only the original Czech version is legally binding. 

Article I - Introductory Provisions

• 1.1 Františkovy Lázně AQUAFORUM a.s., ID No.: 10989391, Tax ID No.: CZ6990056315, with registered office at 5. května 106/9, 351 01 Františkovy Lázně, Tel: 351 012 345, www.frantiskovylazne.cz, E-mail: info@frantiskovylazne.cz, Data mailbox: b3f6euf, incorporated in the Corporate Register kept by the Regional Court in Plzeň, Section B, File 2140 (hereinafter referred to as the “Provider”) is a joint-stock company whose subject of enterprise is the provision of spa care and related services, such as accommodation, board, spa procedures, and other services usually associated with such stays (hereafter the “Services”).
• 1.2 The subject of these General Business Terms and Conditions (hereafter the “GBTC”) is to stipulate the conditions and rules governing the mutual relationship between the Provider and a client – a person who, as the ordering party, orders the Provider’s Services (hereafter the “Client”). The relationship between the Provider and the Client shall be governed by these GBTC, which constitute the general legal framework for their contractual relationship, unless explicitly agreed otherwise in specific cases. These GBTC shall also govern the relationship of the Provider (as the organiser, respectively the travel agency) and the Client (as the customer) if the Services are provided based on a package tour contract concluded between the Provider and the Client.
• 1.3 The Client may make a reservation of the Services by means of a written order (sent by mail, fax, e-mail), in person or by telephone at the Provider’s business premises, by means of an online reservation system located on the Provider’s website (i.e. at www.frantiskovylazne.cz or www.franzensbad.cz), or by means of external providers with whom the Provider cooperates (hereafter the “Booking Methods”). The process of reservation through other providers shall be carried out according to the rules specified by individual providers.

Article II - Definition of Terms

• 2.1 The Client shall mean a person who makes a reservation of the Services by any of the Booking Methods. The Client is any natural or legal person who does not purchase the Services for the purpose of their resale or for entrepreneurial purposes. The Client need not be the same person as the Guest.
• 2.2 The Guest shall mean a person who is the final recipient of the Provider’s Services (hereafter the “Guest”). The relationship of the Provider and the Guest shall also be governed by the Accommodation Rules displayed at the relevant facility of the Provider. If the Client is concurrently the Guest, they are designated only as the Client and shall follow the rules specified for both the Client and the Guest.
• 2.3 The Reservation System shall mean the system operated by the Provider on the websites www.frantiskovylazne.cz and www.franzensbad.cz (hereafter the “Reservation System”), which allows the online booking of the Services based on their availability by means of a reservation form.
• 2.4 The Preliminary Reservation Confirmation shall mean an offer of the Services issued by the Provider, which does not entitle to use the Services. The Preliminary Reservation Confirmation contains (i) information on the Client, i.e. name, surname, telephone, e-mail address, date of birth, address (hereafter the “Client Information”), (ii) information on the Guest(s), i.e. name, surname, telephone, e-mail address, date of birth, address, citizenship, in case of a stay ordered for a foreign citizen (hereafter the “Guest(s) Information”), (iii) information on the reserved Services, i.e. length of stay, dates of stay, type of stay, hotel name, room category, if included in the offer, board type, any and all services included in the stay (hereafter the “Reserved Services Information”), information on the total price of the Services, and a request for an advance payment of the price of the Services. If the advance payment based on the Preliminary Reservation Confirmation is not paid in a due and timely manner, the Provider shall not be obligated to reserve the requested Services by and for the Client. The Client shall check the correctness of the information indicated in the Preliminary Reservation Confirmation. Should the Client reveal any discrepancy, the Client shall immediately contact the Provider by means of the e-mail address provided in Article I(1.1) hereinabove.
• 2.5 The Binding Reservation Confirmation (hereafter the “Binding Reservation Confirmation”) issued by the Provider shall entitle to use the reserved Services, however, subject to the precondition that the total price of the reserved Services is settled pursuant to Article VII hereinbelow. The Binding Reservation Confirmation contains Client Information, Guest(s) Information, Reserved Services Information, as well as information on the total price of the reserved Services and on the payment thereof. The Client shall check the correctness of the indicated information. Should the Client reveal any discrepancy, the Client shall immediately contact the Provider by means of the e-mail address provided in Article I(1.1) hereinabove.
• 2.6 The Insured Stay shall mean a stay reimbursed, in part at least, from public health insurance (hereafter the “Insured Stay”). The Insured Stay is a comprehensive spa stay and a contributory spa stay, which namely differ in the scope of reimbursements from public health insurance. The Insured Stay is provided based on a proposal for spa treatment approved by the respective health insurance company, which contains a summary of the performance reimbursed from public health insurance (hereafter “Spa Treatment Proposal”). A contract on the Insured Stay is concluded between the Provider and the Client subject to a comprehensive spa stay invitation and/or a contributory spa stay invitation issued by the Provider (hereafter the “Insured Stay Invitation”).
• 2.7 The Self-paid Stay shall mean a stay, which is not, even in part, reimbursed from public health insurance (hereafter the “Self-paid Stay”).

Article III - Service Reservation Process

• 3.1 The Client may make a reservation of the Services by using any of the Booking Methods defined in Article I (1.3) hereinabove.
• 3.2 The reservation process differs depending on whether it involves the Insured Stay or the Self-paid Stay. Furthermore, the reservation process differs depending on the way the reservation is made by the Client.
• 3.3 Self-paid Stay Reservation
  • 3.3.1 Reservation made in writing, by telephone or in person at the Provider’s business premises:
    • a. The reservation shall contain the Client information, the Guest(s) Information, and information on the requested Services, i.e. namely the number of the Guests, length of stay, dates of stay, and other basic parameters of the requested Services.
    • b. Based on the reservation received from the Client, the Provider shall send the Preliminary Reservation Confirmation to the Client. The Preliminary Reservation Confirmation shall be considered an offer for the conclusion of a contract.
    • c. Upon the settlement of an advance payment according to the Preliminary Reservation Confirmation, a contract is concluded between the Client and the Provider in compliance with the Preliminary Reservation Confirmation. By effecting the advance payment, the Client concurrently expresses their consent with these GBTC. Following the deposition of the advance payment, the Client shall obtain the Binding Reservation Confirmation.
  • 3.3.2 Reservation made by means of the Reservation System:
    • a. When making a reservation online, the Client shall select the parameters of the required Services in the Reservation System. If the required Services are available, the Client shall make an online reservation by entering the information designated as compulsory in the reservation form, the Client shall also provide their consent with these GBTC and submit the completed reservation form to the Provider.
    • b. With an online reservation, the Client shall also select the payment method:
      • i. When selecting a bank transfer as the payment method, the Client shall receive the Preliminary Reservation Confirmation. Upon the settlement of an advance payment according to the Preliminary Reservation Confirmation, a contract is concluded between the Client and the Provider in compliance with the Preliminary Reservation Confirmation. Following the deposition of the advance payment, the Client shall obtain the Binding Reservation Confirmation.
      • ii. When selecting payment by payment card, the Client shall be redirected to a payment gate where the Client shall effect the selected payment. Following successful payment in the amount corresponding to the required advance payment, the Client shall promptly obtain the Binding Reservation Confirmation. Upon the settlement of the advance payment, a contract is concluded between the Client and the Provider in accordance with the online reservation.
• 3.4 Insured Stay Reservation
  • 3.4.1 The Client may reserve accommodation (bed capacity) for a specific date without concurrently ordering associated services. After receiving the accommodation reservation, the Provider shall send a Preliminary Reservation Confirmation to the Client, in which the Provider shall indicate the basic reservation parameters and request an advance payment from the Client. Upon the settlement of the advance payment, a contract is concluded between the Provider and the Client in accordance with the Preliminary Reservation. The provided advance payment is non-refundable. By effecting the advance payment, the Client concurrently expresses their consent with these GBTC. If the advance payment based on the Preliminary Reservation is not made in a due and timely manner, the Provider shall not be obligated to reserve the requested bed capacity by and for the Client.
  • 3.4.2 When the Spa Treatment Proposal is submitted to the Provider, and the Client and the Provider agree on potential performance to be rendered to the Client by the Provider outside the scope of the Spa Treatment Proposal, the Provider shall send the Insured Stay Invitation to the Client, which shall state, among other information, the basic parameters of the Services that are not included in the Spa Treatment Proposal and are reimbursed by the Client from their own funds. The Client shall express their consent with the terms and conditions set forth in the Insured Stay Invitation either by settling the amount indicated in the Insured Stay Invitation or by a signed written consent therewith, which the Client shall send back for the attention of the Provider. Upon the delivery of the Insured Stay Invitation (by mail or e-mail) signed by the Client to the Provider or upon the payment of the amount indicated in the Insured Stay Invitation, a contract is concluded between the Client and the Provider in accordance with the Insured Stay Invitation. The Client shall pay the amount specified for the insured stay in the Insured Stay Invitation by or before the date set forth therein.
• 3.5 Additional Terms and Conditions for Insured Stay Reservations
  • 3.5.1 Insured Stay reservations, in which the Client requests Services outside the scope of the Spa Treatment Proposal, shall be made only subject to the payment of the specified deposit along with any and all conceivable charges or fees according to the valid price arrangements, which shall be payable within 7 days from the submission of the reservation, otherwise the Provider shall not be obligated to reserve the required Services by and for the Client.
  • 3.5.2 Information substantial for the Insured Stay reservation includes: name, surname, personal number, address, telephone, health insurance company, and indications.
  • 3.5.3 If the submitted reservation is cancelled or the Spa Treatment Proposal is not delivered within 30 days before the planned arrival, the reservation may be cancelled by the Provider, in which case, the Provider shall be concurrently entitled to a contractual fine equal to the amount of the paid deposit. Accordingly, the Provider shall be entitled to set off the deposit paid by the Client against the contractual fine. In case the surcharge amount or the price for the accommodation are lower than the paid deposit, the difference shall be non-refundable.
  • 3.5.4 In the event of arrival for the Insured Stay, the paid deposit shall be set off against any surcharges for the ordered Services paid outside the scope of the Spa Treatment Proposal. Should the reservation of the Insured Stay change to the Self-paid Stay, the paid deposit shall be set off against the Services ordered as a part of the Self-paid Stay.
  • 3.5.5 The category of rooms without any surcharge for Insured Stays cannot be reserved for any Insured Stay type prior to the delivery of the Spa Treatment Proposal. If the delivered Spa Treatment Proposal is for a stay of a different length than reserved, the Provider reserves the right to move the Guest to any hotel operated by him for the duration of the stay exceeding the originally reserved length of stay.
• 3.6 Reservation changes: The Client shall not be entitled to make any changes of their confirmed reservation (i.e. to change the concluded contract for the provision of the Services), however, the Client and the Provider may agree on a change to the reservation. If they agree on changing the reservation, a fee of CZK 500 per person and stay shall be charged to Client; when the configuration of the Services changes in such a way that the price of the Services is increased while the current dates of the stay remain unchanged, the surcharge shall not be charged.
• 3.7 When a gift voucher is purchased, it is possible to use only the Services indicated therein or the Services corresponding to the value specified therein as rendered by the Provider and duly paid in full (100%) before making use of the gift voucher. In the event the gift voucher is not used in full or in part, the Provider shall not refund any unused amount thereof. Likewise, the value of the gift voucher or a part thereof cannot be transferred in any way to a financial amount, including the form of compensation or surplus payment. The gift voucher may only be used for services reserved directly with the Provider.
• 3.8 When the contract between the Client and the Provider is concluded upon the payment made by the Client in connection with the Preliminary Reservation Confirmation or another offer made on the part of the Provider, the contract is concluded in compliance with the provision of Section 1744 of the Civil Code, whereas the Client accepts the Provider’s offer by acting in accordance therewith.
• 3.9 Where the terms “reservation” or “reserved Services” are used in Articles IV to XIII hereinbelow, they shall mean the Services reserved by the Client with regard to the provision of which a contract has been concluded between the Provider and the Client in compliance with Article III hereinabove.

Article IV - Rights and Obligations of Contracting Parties

• 4.1 The Client shall have the right:
• a) To the due provision of the reserved and duly paid Services; with the exception of fortuitous or extraordinary or unexpected circumstances beyond the Provider's control (i.e. weather conditions, energy supply outages, political events, natural phenomena – floods, earthquakes, epidemics, etc.). In case of occurrence of such circumstances, the Provider reserves the right to cancel the reservation or to limit the provided Services to an appropriate extent;
• b) To cancel the reservation at any time prior to the commencement of the use of the Services provided that the cancellation terms are observed;
• c) To claim any defects of the provided Services in accordance with the provisions on complaints concerning the Services contained herein.
• 4.2 The Client shall be obligated:
• a) To provide, in a complete and accurate manner, any and all substantial information as may be necessary for the reservation of the Services pursuant to Article III hereinabove, namely the information designated as compulsory in the reservation form or in the order;
• b) To pay to the Provider the full price of the reserved Services using the selected payment method, including any and all conceivable fees and charges pursuant to the valid price arrangements within the deadline as set forth by the payment terms stipulated in the contract and herein;
• c) To respect generally binding legal regulations and the Provider’s internal regulations;
• d) To duly check the reservation confirmation issued by the Provider and in case the reservation is found incorrect, to immediately notify the Provider thereof;
• e) To familiarise themselves with the contraindications of the spa treatment available at www.frantiskovylazne.cz before inquiring about any Services.
• 4.3 The Provider shall be obligated:
• a) To proceed in accordance with Article III hereinabove when arranging the reservation of Services;
• b) To secure the provision of the Services to the Client/Guest in the confirmed scope and quality, with the exception of the situations specified herein;
• c) To allow the Client/Guest to use alternative Services, at minimum in the confirmed quality and scope, if the Provider is unable to render the duly reserved and paid Services due to reasons other than indicated in Paragraph 4.1(a) hereinabove, i.e. because of a technical or similar defect (the Provider, however, has the right to offer the use of alternative Services to the Client/Guest also under the circumstances defined in Paragraph 4.1(a) hereinabove); 
• d) To return to the Client an amount corresponding to the effected payment in case the reservation is cancelled by the Provider pursuant to Paragraph 4.1(a) hereinabove, namely no later than 14 days from the date of the effective delivery of a notice of the reservation cancellation to the Client, unless the Provider offers the use of alternative Services to the Client/Guest.
• 4.4 The Provider shall have the right:
  • a) To change the reserved Service to a corresponding or higher category while maintaining, at minimum, the same standard and price of the Services. When a change to a lower category is necessary, the Provider shall inform the Client of the same no later than 7 days prior to the commencement of the provision of the Services. Should the Client express their explicit consent with such change in writing, the price shall be reduced according to the prices currently valid for the applicable category. If the Client does not provide their explicit consent with such change, the reservation of the Services shall be cancelled;
  • b) To cancel in advance or to reject the provision of the Services to the Guest to whom further spa treatment was not recommended following their previous stay (this information is indicated in the Provider’s medical report) or whose health condition does not allow the due provision of the reserved Services or who, at the moment of arrival at the Provider’s facility, shows symptoms of an infectious disease; 
  • c) To cancel in advance or to reject the provision of the Services to the Guest who did not respect the Provider’s facility regulations during their previous stay;
  • d) To discontinue the provision of the rendered Services to the Guest whose health condition does not allow the further provision of the Services by the Provider; the Provider shall also be entitled to discontinue the provision of the Services to the Guest in cases when the Guest’s health condition (namely an infectious disease) could present a health hazard for other Guests of the Provider and the Provider’s personnel; the Provider shall be entitled to terminate the provision of the Services to the Guest who commits a serious or repeated breach of the facility regulations;
  • e) To order adequate measures to the Guest with the aim of protecting the health of the Provider’s other Guests and personnel in case the Guest is suffering with an infectious disease;
  • f) To adjust the prices depending on the inflation rate or price fluctuations and changes of the applicable exchange rate in case of payments made in foreign currency.
• 4.5 In the event the reservation is cancelled by the Provider in accordance with Paragraph 4.4(b), (c), or (d) hereinabove, the Provider shall charge cancellation fees in the amount defined in Article VI(6.1) hereinbelow.

Article V - Arrival of Guest

• 5.1 Upon arrival at the Provider’s facility for the purpose of using the Services, the Guest shall present a valid personal identification card and their Binding Reservation Confirmation, if applicable. After presenting the same, the Provider shall check in the Guest and provide them with additional information about the rendered Services. The Guest shall familiarise themselves with the Accommodation Rules no later than during check-in at the Provider’s facility.

Article VI - Reservation Cancellation by Client

• 6.1 At any time before the agreed date of arrival to commence with the use of the Services in accordance with the reservation (hereafter the “Arrival Date”), the Client shall have the right to cancel the Services, i.e. to rescind the applicable contract concluded with the Provider based on which the Services were to be used by the Guest; the rescission on the part of the Client (hereafter the “Cancellation”) shall be executed in writing and demonstrably delivered to the Provider to the address of the Provider’s registered office or to the e-mail address indicated in this paragraph, whereas the expression of the Client’s will shall clearly imply their intent to cancel the reservation of the Services. If the expression of the Client’s will is delivered to the Provider outside regular business days, the day of delivery shall be the first following business day. When the Cancellation is delivered to the Provider in the time period from 5:00 PM to midnight local time, the day of delivery of the Cancellation shall be the following business day. In the event of Cancellation, the Provider shall be entitled to the reimbursement of fees associated with the cancelled reservation (hereafter the “Cancellation Fees”), the amount of which depends on the total number of days between the date of delivery of the written Cancellation to the Provider hereunder and the Arrival Date. When the Cancellation is delivered, the Provider shall, no later than within 14 days from the delivery thereof, process a statement of and refund the effected payment after deducting duly accounted for Cancellations Fees according to the cancellations terms stipulated hereinbelow. If the Cancellation Fees are higher than the payment made so far by the Client, the Provider shall account for the difference between the paid amount and the amount of the Cancellation Fees hereunder by means of a separate invoice submitted to the Client, whereas the due date of the invoice shall be 15 days from the date of the Cancellation. In accordance with the provision of Section 1837(j) of the Civil Code, the Client as the consumer shall not have the right of rescission if the entrepreneur provides the relevant performance in the designated dates without charging any Cancellation Fees.

A reservation may be cancelled only by means of a written notice sent to the address of the Provider’s registered office or by e-mail to the address: info@frantiskovylazne.cz.

The Cancellation Fees shall be calculated from the total price of the reserved Services and their amount shall be determined as follows:

a) Standard cancellation terms

Cancellation made	Cancellation fee in % from the total price of the reserved Services
32 and more days prior to the Arrival Date	15 % (minimum CZK 1,000)
31–22 days prior to the Arrival Date	30 %
21–14 days prior to the Arrival Date	50 %
13–7 days prior to the Arrival Date	70 %
6–2 days prior to the Arrival Date	80 %
1 day prior to the Arrival Date or no show without cancellation	100 %

b) Flexible cancellation terms
If Flexible cancellation terms are agreed between the Client and the Provider and are paid in full by the Client, the Standard cancellation terms shall change as follows:
At any time before the agreed Arrival Date, the Client shall have the right to cancel the reserved Services, i.e. to rescind the applicable contract concluded with the Provider based on which the Services were to be used. No Cancellation Fees shall be charged to the Client subject to the fulfilment of the following conditions:

• The Guest is unable to commence with the use of the Services due to illness, death, or the death of a family member and the Guest meets the conditions specified hereinbelow:
  • The reservation is cancelled due to the Guest’s sudden illness, death or the death of a family member. 
  • The Guest’s inability to commence with the use of the Services is documented by a medical report or a death certificate.
  • When the reservation of the Services is made by a couple, the same applies in the event of illness, death or the death of a family member of only one of the Guests forming such couple; the Cancellation reason shall be demonstrated by a medical report or a death certificate and  Flexible cancellation terms shall be agreed by both persons forming the couple.
  • The Cancellation is not associated with the inability to use the Services due to a foreseeable contraindication.
  • The Cancellation is not associated with the inability to use the Services due to a health condition occurring prior to the date of the reservation.
• The Guest is unable to complete the use of the Services due to illness, death, or the death of a family member and the Guest meets the conditions specified hereinbelow:
  • The inability to continue in the use of the Services is confirmed by the spa physician who performed the entry examination or it is caused by the Guest’s death or the death of a family member documented by a death certificate.
  • When the reservation of the Services is made by a couple, the same applies in the event of illness, death or the death of a family member of only one of the Guests forming such couple; the Cancellation reason shall be demonstrated by the spa physician who performed the entry examination or a death certificate and Flexible cancellation terms shall be agreed by both persons forming the couple.
  • The Cancellation is not associated with the inability to use the Services due to a foreseeable contraindication.
  • The Cancellation is not associated with the inability to use the Services due to a health condition occurring prior to the date of the reservation.

If, according to the spa physician’s opinion, a sudden illness prevents the use of spa procedures but allows to complete the current stay without them, the difference between the price of the reserved treatment stay and the price of the used hotel stay and board according to the valid pricelist shall be refunded to the Client.
If the reservation is cancelled by the Client due to other reasons than those indicated under Subparagraph (b) hereinabove, or when the specified conditions are not fulfilled, Standard cancellation terms shall apply and the Client shall be obligated to pay the Cancellation Fees to the Provider according to the rules stipulated in Subparagraph (a) hereinabove.

• 6.2 Flexible cancellation terms may be agreed no later than 14 days from the date of submission of the relevant reservation by the Client; however, when a reservation is made in a period of 14 days or less prior to the Arrival Date, the Flexible cancellation terms may be agreed only when requested by the Client simultaneously with the relevant reservation. For the purposes hereof, the date of submission of a reservation shall be the date of issue of the Preliminary Reservation Confirmation in case of Self-paid Stays or the date of issue of the Insured Stay Invitation in case of Insured Stays
• 6.3 The price paid to the Provider for the Flexible cancellation terms shall pertain to the Provider and shall not be refundable

Article VII - Payment Terms

• 7.1 The current prices of the Services rendered by the Provider are available on the website www.frantiskovylazne.cz. In case of any discrepancies of prices from various sources, the prices indicated at www.frantiskovylazne.cz shall be valid. Should the season change during the stay, the price valid for each individual day of the stay according to the applicable season, to which the particular day belongs, shall be charged.
• 7.2 The Client shall effect the advance payment of the price of the Services in the manner arising from the provisions of Article III hereof. The advance payment of the price of the Services is deposited in the amount specified in the relevant Preliminary Reservation Confirmation and/or Preliminary Reservation or another notice of the Provider demanding the advance payment; at all times, the advance payment shall amount to at least 15% of the total price of the Services, at minimum to CZK 1,000.
• 7.3 The date of payment shall mean the date when the funds are credited to the Provider’s account. Payments shall be received by the Provider as net amounts and shall not result in any costs on the part of the Provider (except for fees for the maintenance of the Provider’s account and conceivable bank fees as directly charged by the Provider’s bank, however, subject to the precondition that the payments are effected in the correct currency), without any cost for the Provider.
• 7.4 If the price of the reserved Service is paid only in part following the submission of the reservation, the remaining part of the price of the reserved Services shall be settled by the Client in full no later than 21 days before the Arrival Date, in particular:
  • a) By transfer to the Provider’s bank account indicated in the relevant Preliminary Reservation Confirmation or another notice of the Provider demanding the payment of the price of the Services, or
  • b) By postal order, or
  • c) By payment card or in cash at the Provider’s business premises.
• 7.5 The Client acknowledges that should they fail to pay the total price equal to 100% of the reserved Services no later than 21 days prior to the Arrival Date, the Provider shall not be obligated to render the reserved Services to the Client/Guest. In such a case, the Provider reserves the right to cancel the reservation and the Client shall pay the Cancellation Fees to the Provider in the amount set forth in Article VI hereinabove. Should the Cancellation Fees be higher than the payment made so far by the Client, the Provider shall account for the difference between the amount of the Cancellation Fees and the paid amount by means of a separate invoice submitted to the Client. The due date of the invoice shall be 15 days from the date of issue thereof.
• 7.6 If the Services are reserved less than 21 days prior to the Arrival Date, the Client shall effect the payment of the price of the Services in full without undue delay after submitting the reservation of the Services, namely in the manner set forth in Paragraph 7.4 hereinabove.
• 7.7 When the Services are reserved in such a short term prior to the Arrival Date that does not allow the timely payment in the manner set forth in Paragraph 7.4 hereinabove, the price of the Services may be paid upon the Arrival Date at the latest, however always prior to the commencement of the use of the Services, namely by payment card or in cash at the Provider’s business premises

Article VIII - Other Provisions

• 8.1 Spa procedures may be provided only to persons over 15 years of age. If spa procedures are to be provided to a person under 18 years of age, such a person shall present a written consent of their legal guardian.
• 8.2 With package stays containing procedures, the composition of which is determined by a physician based on the Guest’s actual health condition, it is possible to combine only procedures specified as combinable in the current list of procedures published at www.frantiskovylazne.cz.
• 8.3 If the use of the Services is prematurely discontinued or the Services are not used at all due to the revelation of a contraindication or insufficient age after the Arrival Date, the Provider shall not be obligated to provide compensation to the Client/Guest for the Services unused for such reasons and shall not be obligated to refund a commensurate part of the already paid price of the Services.
• 8.4 The Provider shall not be obligated to provide any compensation for the unused reserved Services, unless stipulated otherwise herein or in the applicable contract. 
• 8.5 In the event the Insured Stay is interrupted upon the Guest’s request, a fee of CZK 500 shall be charged for each day.
• 8.6 If the Insured Stay is terminated prematurely upon the request of the Client/Guest and, as a result thereof, the use of the Services is prematurely discontinued or the Services are not used at all, the Provider shall not be obligated to provide compensation to the Client/Guest for the Services unused and shall not be obligated to refund a commensurate part of the price of the Services. Concurrently, in the event of an Insured Stay, the Guest shall be charged a fee of CZK 1,500 for each commenced day of unused Services.
• 8.7 The price of the stay does not include the local fee for a spa/leisure stay according to the wording of the municipal decree of Františkovy Lázně valid on the Arrival Date.
• 8.8 The service of free admission to the AQUAFORUM is limited by the water park operating hours. If it is not possible to use the AQUAFORUM due to technical shut-down or other reasons, the Client/Guest shall not be entitled to compensation. The Client/Guest shall not be entitled to compensation also in a situation when it is not possible to use accompanying leisure-time activities, which are standardly available to them, e.g. in the form of a cultural programme.

Article IX - Package Tour

• 9.1 If, in a concrete case, the Provider arranges the Services for the Client in a manner fulfilling the characteristics of a package tour within the meaning of Act No. 159/1999 Coll., on Certain Conditions of Business and on the Performance of Certain Activities in the Area of Tourism (hereafter the “Tourism Act”), as amended, the Provider shall indicate this fact in the relevant reservation documents. Such contractual relationship established between the Provider and the Client shall be also subject to the relevant provisions of the Tourism Act and the provisions on package tours of Section 2521 et seq. of the Civil Code. The provisions contained herein shall apply to such legal relationship in the scope, in which they are not in conflict with the cogent provisions of generally binding legal regulations. With respect to the Client, the Provider shall fulfil any and all obligations of a package tour organiser as stipulated by legal regulations. When arranging the package tour, the Provider shall be insured against bankruptcy within the meaning of the Tourism Act.
• 9.2 Should the Client rescind the package tour contract prior to the commencement of the package tour, or prematurely terminate their obligation arising from the package tour contract, the Client shall pay compensation to the Provider in the amount specified in Article VI(6.1) hereinabove.
• 9.3 The provisions of these GBTC apply to the collection of advance payments of the price of the Services provided as a part of the package tour and to the due dates for the payment of the remaining part of the price prior to the commencement of the package tour, whereas commencement shall mean the Arrival Date.

Article X - Personal Data Protection

• 10.1 The protection of personal data shall be governed by the Personal Data Processing Policy according to GDPR issued by the Provider and by Act No. 110/2019 Coll., on Personal Data Processing, as amended, as well as by Regulation (EU) 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 such data (hereafter “GDPR”).

Article XI - Service Complaints

• 11.1 Should the Client/Guest reveal any defects or insufficiencies of the Services rendered by the Provider, the Client shall ensure that any conceivable defects or insufficiencies are notified to the Provider without undue delay after actual and/or potential discovery. The time periods for exercising the rights arising from the liability for defects as set forth by the generally binding legal regulations shall apply to the filing of complaints. The Client/Guest acknowledges that it is not possible to take into consideration any complaints concerning the Services that are notified to the Provider with delay.
• 11.2 In the event of a complaint concerning the Services and/or performance rendered by the Provider, the Client/Guest shall file a complaint in person at the reception of the relevant spa hotel or by means of a written notice sent to the Provider's address of registered office or e-mail address reklamace@frantiskovylazne.cz. After accepting a complaint filed in person at the reception of the relevant spa hotel, the reception staff shall draw up a complaint report containing the Client/Guest identification, a description of the claimed performance defect, the date of acceptance of the complaint, the proposed solution and they shall hand over the same to the Provider's employee in charge who shall examine the complaint and decide on the method of settlement. When filing a complaint in written form, the Client/Guest shall indicate their name, surname, address, description of the defect or the manner in which the defect manifests itself, the required manner of settlement, and shall support the defect by facts and evidence, as feasible, and shall also submit a certificate of purchase of the Service, the defect of which is the subject of the complaint.
• 12.3 The complaint shall be handled by the Provider's employee in charge without undue delay. If a Complaint cannot be handled without undue delay, it shall be settled no later than within 30 days from the date of filing of the complaint by the Client/Guest, unless a longer period is agreed with the Client/Guest or unless generally binding regulations stipulate a longer period.

Article XII - Conditions for Extrajudicial Resolution of Consumer Disputes

• 12.1 The Client/Guest shall have the right to file a motion for the extrajudicial resolution of a dispute with the Provider to the designated body for the extrajudicial settlement of consumer-related disputes, namely to the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Praha 2, E-mail: adr@coi.cz, web: www.adr.coi.cz. The Czech Trade Inspection Authority is the supervisory body overseeing consumer protection and proceeding pursuant to Act No. 64/1986 Coll., on the Czech Trade Inspection Authority, as amended, and other legal regulations. The Czech Trade Inspection Authority website is located at www.coi.cz.

Article XIII - Concluding Provisions

• 13.1 These GBTC are published in their full wording on the Provider’s website www.frantiskovylazne.cz.
• 13.2 These GBTC are executed in the Czech language. Other language versions are only translations. In the event of any discrepancy between the individual language versions, the Czech language version shall always prevail.
• 13.3 The Provider reserves the right to make unilateral amendments to these GBTC.
• 13.4 These GBTC shall reasonably apply to the conceivable contractual relationship between the Provider and the Guest.
• 13.5 The General Business Terms and Conditions valid at the time of the reservation of the Services shall apply to the Client and the Guest.
• 13.6 The rights and obligations of the Provider and the Client/Guest, which are not conditioned by the contract or these GBTC, shall be governed by the applicable provisions of Act No. 89/2012 Coll., the Civil Code, as amended, and other generally binding legal regulations of the Czech Republic.
• 13.7 These General Business Terms and Conditions shall become valid on 1 January 2023. Any modifications hereof or amendments hereto may be agreed by the Provider and the Client/Guest on an individual basis and solely in writing.
• 13.8 These General Business Terms and Conditions shall become valid on 15.01.2024. Any modifications hereof or amendments hereto may be agreed by the Provider and the Client/Guest on an individual basis and solely in writing.

Note: This is an optional translation of the official General Terms and Conditions. Only the original Czech version is legally binding.