Terms and conditions

General terms and conditions for accommodation in the apartment

(the house rules are also available in printed form directly in the apartment)

Tomáš KAWA

Sládkova 372/8 / 702 00 / Moravská Ostrava

Company ID No.: 63332973 / VAT ID No.: CZ7609095549

www.apartmanytoto.cz / tel: +420 774 99 88 77 / e-mail: apartmany.toto@email.cz

I. Scope

These terms and conditions govern the rights and obligations of the contracting parties in the case of temporary rental of the apartment for accommodation and in the provision of recreational and other ancillary services as services according to the individual requirements of the customer.
Any subletting of the rented apartments and their use for purposes other than accommodation requires the prior written consent of the owner.

II. Conclusion of the contract

Service orders must be made in writing and must clearly indicate who is placing the order and what it concerns (type of services, dates, prices, etc.). Orders must be sent in the usual way (via the reservation system, website, e-mail, Booking, Airbnb, etc.).
The contractual relationship between the client and the provider arises upon confirmation of the stay order by the owner. The owner undertakes to provide the client with the stay and to ensure the agreed services (hereinafter referred to as the "stay") to the agreed extent and quality, and the client is obliged to use these services and pay.

III. Check-in

Upon arrival, every guest must present an identity card or another proof of identity. After fulfilling all legal obligations, including completing the online guest book (record for the foreign police and for the municipality for accommodation fees), the owner or their representative will check the guest in and provide further information related to the accommodation.
Guests will not be checked in until the online guest book has been completed by all registered guests❗️
Here is the link to the guest book: 💻📍 https://app.airbo.cz/l/sbfnuz8y
An integral part of these terms and conditions is the House Rules.

IV. Services, prices, payments

If the lessor requires a deposit for the ordered services, the client is obliged to duly pay this deposit, i.e. in the amount and by the due date stated in the contract. Payment of the deposit means the crediting of the relevant amount to the provider’s bank account, unless agreed otherwise. If the deposit is not duly paid by the client, the lessor reserves the right to cancel the agreed reservation and to claim the corresponding cancellation fees from the client. The amount of the deposit is equal to the total amount for the stay. Its due date is specified in the advance invoice.
The client is obliged to pay the agreed price for the accommodation. The client undertakes to pay the tax document (invoice) in cash, by bank transfer or by card no later than upon arrival for the accommodation. Any discrepancies in the tax document (invoice) must be claimed by the client in writing within 5 calendar days from the date of its receipt.
Payment is considered settled at the moment it is credited to the owner’s bank account stated on the tax document (invoice), unless agreed otherwise.

V. Cancellation conditions

Cancellation always means the cancellation, postponement or change of a confirmed order.
The client is obliged to submit the withdrawal in writing to the person with whom the contractual terms were agreed, or in the same way in which the order was placed.
If the client cancels ordered, confirmed and paid services – the stay – the client is obliged to pay the lessor a cancellation fee of 100% of the price of the provided services – the stay – unless agreed otherwise. (Applies only via Booking or Airbnb.)

VI. Cancellation of the reservation by the owner

If the agreed deposit, the full price of the stay or the required security deposit is not paid, the lessor is entitled to withdraw from the contract.
The provider is also entitled to withdraw from the contract in the event of exceptional objectively justified reasons, for example in the case of:

✅ an act of force majeure or other circumstances beyond control that make it impossible to fulfil the contract

✅ sudden and unexpected repairs in the apartment

✅ reservation of the apartment based on misleading or untrue information, e.g. about the client’s identity or the purpose of his/her stay

✅ the client using the rented apartment for

VII. Out-of-court settlement of consumer disputes

A consumer may submit a proposal for out-of-court settlement of a consumer dispute to the authority for out-of-court settlement of consumer disputes, which is the Czech Trade Inspection Authority, via the website www.coi.cz. The Czech Trade Inspection Authority handles proposals for out-of-court settlement of consumer disputes in the manner and under the conditions laid down by the relevant legal regulations. For the avoidance of doubt, no provision of these terms excludes the consumer’s right to bring a claim before a civil court.
The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID No.: 000 20 869, website: www.coi.cz, is competent for the out-of-court settlement of consumer disputes arising from the contract.
The consumer may also use the online dispute resolution platform available at https://ec.europa.eu/consumers/odr.

VIII. Accommodation rules

The accommodation of the client (hereinafter also referred to as the "guest") is always defined during the binding reservation process and the guest is charged the corresponding price for this type of accommodation.
The owner is entitled to accommodate only clients who have a valid accommodation reservation and who duly register. Upon arrival, clients are required to present a valid identity document, have the online guest book completed and have paid the agreed price for the services – stay according to the owner’s conditions.
If the client does not present a valid identity document (identity card, passport) and does not have the online guest book completed, the owner is entitled to refuse the client’s accommodation with regard to the Act on Local Fees for Czech citizens and Act No. 314/2015 Coll. for foreign clients.
On the basis of a confirmed and paid order, the owner accommodates the guest from 3:00 AM to 9:00 PM The guest is obliged to inform the owner of the exact time of arrival no later than two hours in advance. During this time, the apartment is reserved for the guest, unless otherwise specified in the order. Any early or late check-in must be agreed in advance, subject to availability.
The owner is not obliged to accommodate guests without a prior confirmed and paid stay who arrive after 9:00 PM In such a case, the owner is entitled to 100% cancellation fee as compensation for the damage incurred. The guest is not entitled to a refund of the amount paid for the services – stay.
The right to compensation for damages must be exercised without undue delay, but no later than 15 days after the day on which the injured party became aware of the damage.
Smoking 🚭 of any kind is strictly prohibited in the apartment, on the balcony and throughout the entire building ❗️
Smoke💨 and fire🔥 detectors are installed in the apartment, which also react to electronic cigarettes. In the event of a detected violation of this ban (activation of the fire and smoke detection alarm), this may lead to immediate termination of the stay without compensation for any remaining days of the stay.
Guests of the apartment are not allowed to move any furniture or equipment and to make any interventions in the electrical network and installations located in the rooms or in the common areas of the building. For safety reasons, guests may only use electrical appliances intended for personal hygiene (hair dryers, shavers, massage devices, etc.) and laptops, tablets and similar small electrical appliances.
Guests are entitled to use the wireless internet connection via Wi-Fi free of charge.
It is forbidden to carry or store weapons in any part of the apartment.
Wearing shoes inside the apartment is prohibited.
Children under 15 years of age cannot be accommodated in the apartment.
Dogs and other pets cannot be accommodated in the apartment.
If an accommodated person is under the influence of alcohol or narcotic substances and does not provide assurance that the accommodation rules will be observed, entry to the apartment may be denied. Repetition of this situation will be grounds for termination of that person’s accommodation.
The guest uses the apartment for the agreed duration of the stay. Unless otherwise agreed and approved in advance by the owner, the guest must check out no later than 11:00 AM on the last day of the stay and is obliged to vacate the apartment by this time. If this is not done, the owner is entitled to charge the guest for an additional day’s stay, or at least a part thereof.
When leaving the apartment, guests must turn off all water taps, switch off the lights in the entire apartment, close the main entrance door, turn off the air conditioning and heating, close all windows, leave the apartment keys in the designated bowl in the hallway and send the owner a 📲 𝐒𝐌𝐒 confirming that the apartment has been vacated.
Guests always pay for accommodation and services at the beginning of their stay according to the prices agreed in advance.
In case of loss of a key, the guest is obliged to report the loss to the owner without delay. If this is not done, the owner is not liable for any damage related to the loss of the key.
Guests are obliged to familiarize themselves with the accommodation rules, which are available in printed form in the apartment, and to comply with the provisions of these accommodation rules. If the guest violates them, the owner has the right to terminate the guest’s stay before the originally agreed departure date. Available in the apartment.
The apartment may only be used by those guests who have been entered and checked in the guest book. Maximum 3 persons. No one else may be allowed into the apartment or the building by the accommodated guests. Such a violation may lead to immediate termination of the stay without compensation for any remaining days of the stay.
Parties, celebrations and other gatherings are prohibited.
If the guest has any justified requests or complaints during the stay, the owner can be contacted.

These accommodation rules come into effect on 1.1.2025

Privacy policy for personal data provided via the website

I. Personal data

Personal data means any information relating to an identified or identifiable natural person; an identifiable natural person is a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

II. Sources and categories of processed personal data

The controller processes personal data that has been provided or personal data that the controller
has obtained on the basis of fulfilling an order. The controller processes identification and contact data and data necessary for the performance of the contract.

III. Legal basis and purpose of personal data processing

The legal basis for processing personal data is the performance of a contract between the data subject and the controller pursuant to Article 6(1)(b) of the GDPR, and the legitimate interest of the controller in providing direct marketing (in particular for sending commercial communications and newsletters) pursuant to Article 6(1)(f) of the GDPR. The purpose of processing personal data is:

✅ providing answers to enquiries sent via the contact form

✅ making reservations via the online booking system

✅ providing services that the data controller provides on the basis of Article 6(1)(b) of the GDPR

carrying out marketing activities, including sending commercial communications to email addresses, if the customer has given consent by ticking the relevant box when making a reservation or submitting an enquiry via the contact form. Consent to the processing of data for marketing purposes and consent to the sending of commercial communications may be withdrawn using the relevant link provided in email messages, or by sending an appropriate notice to the email address of the data controller. – for the purpose of pursuing the legitimate interests of the personal data controller in specific cases on the basis of Article 6(1)(f) of the GDPR, such as debt collection or video surveillance of movement within the premises.

IV. Data retention period

The controller stores personal data:

✅ for the period necessary to exercise the rights and obligations arising from the contractual relationship between you and the controller and to assert claims arising from these contractual relationships (for a period of 15 years from the termination of the contractual relationship)

✅ until consent to the processing of personal data for marketing purposes is withdrawn, for a maximum of 10 years, if personal data are processed on the basis of consent

✅ after the expiry of the personal data retention period, the controller will erase the personal data

V. Recipients of personal data

Authorities, institutions and entities authorized by law, as well as entities that provide services to the data controller (e.g. legal services, IT, marketing services, accounting and other entities involved in the provision of the ordered services). The data controller is entitled to use automated decision-making, including profiling, for marketing purposes and for the individual customization of offers. The controller does not intend to transfer personal data to a third country (a country outside the EU) or to an international organization.

VI. Rights of data subjects

Under the conditions set out in the GDPR, data subjects have:

✅ the right of access to their personal data pursuant to Article 15 of the GDPR

✅ the right to rectification of personal data pursuant to Article 16 of the GDPR, or restriction of processing pursuant to Article 18 of the GDPR

✅ the right to erasure of personal data pursuant to Article 17 of the GDPR

✅ the right to object to processing pursuant to Article 21 of the GDPR and the right to data portability pursuant to Article 20 of the GDPR

✅ the right to withdraw consent to processing in writing or electronically to the address or email of the controller specified in Article III of these terms. There is also the right to lodge a complaint with the Office for Personal Data Protection if there is a belief that the right to personal data protection has been violated.

VII. Conditions for securing personal data

The controller declares that it has taken all appropriate technical and organizational measures to secure personal data. The controller has taken technical measures to secure data storage systems and repositories of personal data in paper form. The controller declares that only persons authorized by the controller have access to personal data.

VIII. Final provisions

By submitting a reservation via the online order form, the user confirms that they have read the personal data protection policy and fully accept it. The user agrees to these terms by ticking the consent checkbox in the online form. By ticking the consent checkbox, the user confirms that they have read the personal data protection policy and fully accept it. The controller is entitled to amend these terms. The new version of the personal data protection policy will be published on the controller’s website or sent to the email address provided to the controller.

These terms come into effect on 1.1.2025