Terms and conditions

GENERAL BOOKING TERMS AND CONDITIONS

1. Introduction

The purpose of this document is to regulate the GENERAL TERMS or CONDITIONS OF PROCUREMENT of the Pre-booking and Online Booking services (hereafter, and interchangeably, ‘Pre-booking’ and ‘Online Booking’ services, or ‘services’) of Hotel Merlin s.r.o., with registered office in Prague, Gorazdova street 22, maintained by the Municipal Court in Prague, Section C, insert 20459, and Tax ID number 02523001. (hereafter, ‘Hotel Merlin s.r.o.’), Tel. +420 739 565 137. The terms “You” and “User” are used here to refer to all individuals and/or entities who for whatever reason access www.merlin.com.

The use of these services implies full and unconditional acceptance and validity of each and all the General Terms and/or Conditions – which are deemed to be automatically incorporated into the contract concluded with Hotel Merlin s.r.o, without the need for your written transcription in the same – included in the latest version of these General Terms and/or Conditions.

2. USE OF THE HOTEL MERLIN S.R.O  PRE-BOOKING AND ONLINE BOOKING SERVICES

2.1. Pre-booking Services

The online Pre-booking services are for information only, and their sole purpose is to offer the user the possibility of checking the availability of a room in their preferred hotel or city. Before booking confirmation, the user is aware of the existence of some restrictions which are applicable in the selected hotel in relation to some services which may not be available during their stay or regarding the restricted use of some areas of the hotel. Such restrictions are due to  current Covid-19 situation and the relevant required limitations.The user has previously known them. THE USER WILL RECEIVE AN EMAIL WITHIN 24 HRS, CONFIRMING IF THEIR BOOKING HAS BEEN PROCESSED, AND WILL CONSEQUENTLY ONLY BECOME BINDING ONCE Hotel Merlin s.r.o HAS ACCEPTED THE RESERVATION BY MEANS OF EMAIL CONFIRMATION AND SUBSEQUENT PAYMENT BY THE USER. The user must verify the booking confirmation and notify Hotel Merlin s.r.o of any error immediately in writing.

2.2. Online Booking Services

a. The purpose of the Online Booking services is for the reservation of a room in any Hotel Merlin s.r.ohotel. THE USE OF THESE SERVICES IMPLIES FULL AND UNCONDITIONAL ACCEPTANCE AND VALIDITY OF EACH AND ALL THE GENERAL TERMS AND/OR CONDITIONS – WHICH ARE DEEMED TO BE AUTOMATICALLY INCORPORATED INTO THE CONTRACT CONCLUDED WITH Hotel Merlin s.r.o, WITHOUT THE NEED FOR YOUR WRITTEN TRANSCRIPTION IN THE SAME – INCLUDED IN THE LATEST VERSION OF THESE GENERAL TERMS AND/OR CONDITIONS.

b. Procurement procedure: When using the service, the user will receive an email confirmation in which is included the confirmation that their purchase order is in the process of being confirmed. This email serves as proof of your booking.

c. Guarantee: The booking is confirmed and guaranteed overnight with a credit card. In the event of a no-show without prior notice specified condition shall apply: (including VAT and taxes) standard rate: the first night will be charged; non-refundable rate: the total price will be charged.

d. Termination of the contract or cancellation of the booking. Cancellation of the booking by the user will incur charges specified above.

This clause does not apply to bookings made with special rates. In this case, the respective specified conditions shall apply.

e. Policy on minors.
Minors under the age of 18 staying in the Hotel must be accompanied by their parents, teachers or other duly authorized adults. Hotel staff may require relevant documentation identifying adults as parents/teachers of authorized persons.

f. Prices per room and night.
Prices are valid only in writing and for the period specified. Hotel Merlin s.r.o reserves the right to modify these prices without prior notice where there are justifiable reasons.

Prices relating to the booking will be indicated during the booking process. VAT is applicable on these prices without prejudice to local taxes also being applied in accordance with existing local regulations in each country. These local taxes must be paid directly in the hotel.

g. Prices shown at the time of booking include VAT (or equivalent tax) according to the applicable rate at the time.

In the event that the applicable rate changes between the date of the booking and the date of services being provided, creating a disparity, in accordance with the applicable regulations, the applicable price shall be that which corresponds to the time of delivery of services or to the accrual of the tax, even where this will incur an increase to the final price indicated to the client during the booking process.

2.3. The user undertakes to use the services in accordance with the Law, moral standards, good customs and public order, as well as that which is stipulated in these General Terms and/or Conditions of procurement. Consequently, the user is obliged not to use the services for illicit purposes or effects and/or contrary to what is set out in these General Terms and/or Conditions of procurement, detrimental to the rights and interests of third parties or which could, in any way, damage the services, Hotel Merlin s.r.o and/or its image.

2.4 Hotel Merlin s.r.o shall, for increased agility and for the benefit of its users, be able to unilaterally modify at at any time and without prior notice the services provided, or the operational or technical Conditions, or the conditions of use of the services. In the same way, the users, in order to improve the service and establish optimum levels of quality – Hotel Merlin s.r.o ultimate objective – can make suggestions for changes that they consider to be useful by contacting those responsible for the page via the following email address: olinakaf@seznam.cz

3. DATA PROTECTION (GDPR)

For data owners, data controllers, data processing, purpose of processing, data storage and members‘ rights, the users are able to refer to a separate document located at the webpage: https://merlin.servis-praha.cz/privacy

4. CORRECT USE OF THE CONTENTS OF THE WEBSITE BY THE USER

4.1 Hotel Merlin s.r.o.  declares that the industrial property rights (Brands, Trade names, etc.) which appear in this Website are owned by them and/or are legitimately exploited under agreements or user licences, and are duly protected by current Legislation on Industrial Property. The User undertakes to use the Website diligently, correctly and legitimately and, in particular, agrees to abstain from:

(a) Deleting, circumventing or manipulating the “copyright”, brands and other data which identifies the rights of Hotel Merlin s.r.o.  or its titleholders incorporated into the contents and/or products marketed from the Hotel Merlin s.r.o.  Website, or the technical protection devices, digital fingerprints or any other such information mechanisms which could contain the same.

(b) Using the contents and, in particular, information about Hotel Merlin s.r.o.  obtained via its Website to send out advertising, communications for the purposes of direct sales or any other type of commercial purpose, unsolicited messages addressed to a variety of people.

(c) Reproducing or copying, distributing, allowing public access via any public method of communication, changing or modifying the contents, unless prior authorisation has been obtained from the titleholder of the corresponding rights or it is legally permitted.

(d) In general, using the contents in a manner for purposes or effects which are contrary to the law, moral standards, generally accepted good customs and public order. Hotel Merlin s.r.o.  grants no licence or authorisation of any kind over the use of its industrial and intellectual property rights or over any other property or right relating to its Website.

4.2. Procedure in the event of infringement of intellectual property rights. In the event that a User or third party considers that any contents have been introduced onto their Website which infringe their intellectual property rights, they must notify Hotel Merlin s.r.o. of their full and precise details and of the intellectual property rights which have allegedly been infringed, as well as the Website.

5. RIGHT TO MODIFY THE GENERAL TERMS AND/OR CONDITIONS OF PROCUREMENT

Hotel Merlin s.r.o.  reserves the right to modify these General Terms and Conditions of procurement by informing users of the changes made via www.merlin.com

6. EXCLUSION OF GUARANTEES AND RESPONSIBILITIES

6.1 Hotel Merlin s.r.o.  DOES NOT GUARANTEE THE RELIABILITY, AVAILABILITY OR CONTINUITY OF THE SERVICES MADE AVAILABLE TO THE USER, THUS EXCLUDING ANY LIABILITY FOR DAMAGES WHICH MAY ARISE OWING TO A LACK OF AVAILABILITY, RELIABILITY OR CONTINUITY OF ITS WEBSITE OR ITS SERVICES, ALTHOUGH IT WILL TRY TO FACILITATE, TO THE EXTENT OF ITS CAPABILITIES, TECHNICAL SUPPORT FOR THE PERSON AFFECTED, AND WILL TRY TO IMMEDIATELY RECTIFY THE BREAK IN SERVICES, PUTTING INTO PLACE, TO THE EXTENT OF ITS CAPABILITIES, ALTERNATIVE MEANS.

6.2 Hotel Merlin s.r.o.  DOES NOT UNDERTAKE TO CONTROL AND DOES NOT HAVE ANY PRIOR CONTROL OVER VIRUSES OR ELEMENTS IN ITS CONTENTS WHICH MAY ALTER THE SOFTWARE OR HARDWARE OF THE USER OR OF PERSONS VISITING THE WEB PAGES AND WILL THEREFORE NOT BE LIABLE FOR DAMAGES OF ANY KIND WHICH MAY ARISE FROM THE SAME.

6.3 IF, DESPITE ACTING WITH DUE FORESIGHT AND DILIGENCE, Hotel Merlin s.r.o.  IS UNABLE TO PROVIDE THE CONTRACTED ROOMS FOR REASONS WHICH ARE NOT ATTRIBUTABLE TO IT AND IF IT IS IMPOSSIBLE TO OFFER THE SERVICES UNDER THE CONDITIONS AGREED, Hotel Merlin s.r.o.  SHALL OFFER THE USER THE OPTION OF A COMPLETE REFUND OF THEIR PAYMENT OR SUBSTITUTION FOR SOMETHING SIMILAR IN NATURE IN TERMS OF CATEGORY OR QUALITY. IF DUE TO SUBSTITUTION THE SERVICE IS OF AN INFERIOR CATEGORY OR QUALITY, Hotel Merlin s.r.o.  MUST REFUND THE DIFFERENCE.

7. SAFEGUARDING THE GENERAL TERMS AND/OR CONDITIONS OF PROCUREMENT

Should one of the stipulations of these General Terms and/or Conditions of procurement be declared null and non-operational, the rest of the General Terms and Conditions will be retained in the agreed Terms. Hotel Merlin s.r.o.  undertakes to substitute the stipulation affected by the nullity, bringing it into line as far as possible with the intention originally sought by the parties.

NO STIPULATION IN THIS CONTRACT SHALL IN ANY WAY AFFECT THE MANDATORY PROVISIONS IN RELATION TO CONSUMERS. IF YOU ARE NOT A CONSUMER, YOU EXPRESSLY RENOUNCE ANY RIGHT OF WITHDRAWAL.

8. WWW.HOTEL –MERLIN.CZ AND ACCEPTANCE OF TERMS OF USE

The user is aware that use of the Pre-booking and online Booking services assumes full and unconditional acceptance of each of the clauses that make up the Terms of Use of www.merlin.com, in the version published by Hotel Merlin s.r.o.  at the time that the user contracts the service. These terms of use complete these General Terms and Conditions in all issues which are not contrary to them. Thus, the user must be aware of the importance of referring to the terms of this page prior to accessing and/or using these services.
The user/client can file any type of complaint using e-mail:

olinakaf@seznam.cz

9. APPLICABLE LAW AND COMPETENT JURISDICTION

These General Terms and/or Conditions of procurement are governed by Czech Law. For the resolution of any dispute arising with respect to its validity, execution, fulfilment or resolution, either total or partial, Hotel Merlin s.r.o.  and the users expressly waive their own jurisdiction or any other which, if appropriate, may apply to them and submit to the competence of the Courts and Tribunals of Prague. This contract constitutes the full and complete expression of the agreement between Hotel Merlin s.r.o.  and the user and replaces all previous pacts, undertakings, statements or agreements, either written or oral, which may have existed previously between both.

In all cases, any dispute arising from the provision of services in the hotel in which the client is staying shall be submitted to the consumer courts.