These terms and conditions of electronic orders (hereafter referred to as OP) govern the relations between the company Alžbětiny Lázně, as, ID number: 26342421, VAT number: CZ26342421, with registered office at Smetanovy sady 1145/1, Karlovy Vary, 360 01, registered in the commercial register of the Regional Court in Pilsen, section B, insert 968, e-mail address: info@spa5.cz as a provider of services (hereinafter referred to as the company) and customer of services (hereinafter referred to as the customer), which are related to the customer's order made via remote communication, in particular via the company's website, as well as and from this order resulting from the contract for the provision of services.
The customer acknowledges the following terms and conditions as binding for all performance to be performed under the contract with the company.
The company provides its customers with therapeutic procedures and procedures of a relaxing and medically rehabilitative nature, which are listed and described on the company's website www.spa5.cz, especially baths, hydrotherapy, massages, rehabilitation, heat treatment, electrotherapy, etc., and also enables customers to use the pool, sauna, salt cave and other services, and these services are the subject of service contracts (procedures) between the company and the customer.
Content:
- Terms of execution of an electronic order
- Conclusion of the contract and fulfillment of the ordered services
- Communication to the customer before the conclusion of the contract
- Price of services
- Payment Terms
- Conditions of performance of the company according to the concluded contract
- Changes to the concluded contract and withdrawal from the contract
- Final Provisions
1. Terms of execution of an electronic order
The customer can make an electronic request by means of remote communication (hereinafter referred to as the Order), especially on the company's website www.spa5.cz, where the customer fills out the "Request for procedures" form, or also by e-mail, by sending the order to the e-mail company address info@spa5.cz.
1.1 The order can only be accepted by the company if it is sufficiently definite, i.e. it contains in particular:
a) proper identification of the customer: indication of name, residence, as well as electronic connection;
b) identification of the person to whom the service is to be provided: name, age and gender; if the customer does not specify another person in the order to whom the service is to be provided, this person is considered to be the customer;
c) clearly formulated requirements for specific services – specific procedure, expected date of service provision, method of payment.
1.2 If the customer places an order through some means of remote communication, the company will immediately confirm its receipt through some means of remote communication. However, this does not apply to cases where the contract is concluded between the company and the customer exclusively through the exchange of electronic mail or similar individual communication.
1.3 Based on the receipt of the client's Order, the company will verify the capacity and send the client a statement or possibly a draft breakdown of procedures by e-mail and, after the client's approval, the payment terms and payment instructions with the indication of the Variable Symbol.
1.4 The customer acknowledges that, with regard to the technical and other operating conditions of the company, the minimum period for proper processing and settlement of the electronic order is 10 days before the expected performance of the service. If the order is sent within a shorter period of time before the expected fulfillment, the fulfillment of the order is uncertain and will require very active cooperation on the part of the customer so that the conditions of these OPs are observed, and at the same time it will require the customer's consent to start the performance of services according to the concluded contract already in deadline for withdrawing from the contract. The customer is obliged to agree to the commencement of the performance of services within the period for withdrawal from the contract in writing, via electronic means or verbally, when the agreement of the date of performance of the services within this period is also considered as such consent. In the event that the customer arranges a date for the performance of the service with the company during the duration of his right to withdraw from the contract within a period of 14 days from the date of conclusion of the contract, it is considered that he has expressed his consent to the company's services being provided to him before the expiration of the legal deadlines for withdrawing from the contract.
1.5 The condition for acceptance of any order is the customer's expression of agreement with these OPs and confirmation Informed consent of the customer, as well as consent to the processing of the customer's personal data for the company's needs and familiarization with the company's instructions on the possibility of withdrawing from the concluded contract.
1.6 The customer acknowledges that the subject of an electronic order can only be over-the-counter procedures that are marked as such in the price list of the company's services. Procedures linked to a doctor's recommendation or examination can be the subject of electronic orders only if the customer has already carried out an examination by a doctor and the company is informed of this fact, e.g. if it concerns the re-provision of a service that has already been provided to the customer by the company.
1.7 In the event that the customer's order, however implemented, is indefinite, does not contain all the necessary data, or in the event of any company requirements related to the customer's order, the customer is obliged to supplement or clarify his order based on the company's request. If the customer does not respond to the company's requirements within the time limit set by the company in such a call, but no later than three days after such a call, the order is considered not accepted and it will not be the subject of further processing.
1.8 The processing and processing of any order is subject to the operational and technical capabilities of the company. Any order therefore becomes binding for the company only at the moment of its written (e-mail) confirmation by the company to the customer's address, when the e-mail address is also considered to be this address.
2. Conclusion of the contract and fulfillment of the ordered services
2.1 The contract for the provision of services between the company and the customer is bindingly concluded at the moment of confirmation of the order by the company, and from this moment both parties are bound by the term, scope of the ordered services and their price, as these result from the written confirmation of the order.
2.2 The contract between the company and the customer is concluded for a fixed period of 4 months, or in the case of the purchase of services at a discounted price, until the duration of the discount event. Within this period, i.e. during the duration of the contract, the customer is obliged to use up the purchased services from the company. If the customer does not use up the ordered and purchased services during the term of the contract due to a reason on his part, the contract is terminated and the customer has no right to any compensation or refund of the prices paid. Any subsequent changes to the concluded contract can be implemented only and exclusively on the basis of these OPs or on the basis of a written change to the contract concluded between the company and the customer.
2.3 The contract for the provision of services can only be concluded in the Czech language.
2.4 The contract between the company and the customer, which according to these OPs is bindingly concluded at the moment of confirmation of the order by the company, will be kept in the company's archive, when the customer's access to the contract concluded in this way is already implemented by the confirmation of the order by the company sent to the customer's e-mail address.
2.5 The performance of the ordered services can only and exclusively be carried out in the premises of the company's premises in Karlovy Vary, while the person designated by the customer in the order as the person to whom the service is to be provided is obliged to come to take over the performance of the service at the company's premises in Karlovy Vary in accordance with these OP Cook. The customer is responsible for the appearance of the person to whom the service is to be provided. The customer acknowledges that due to the nature of the services provided by the company, personal collection of the provided services is required exclusively at the company's headquarters in Karlovy Vary, i.e. at the company's place of business, and it is not possible to provide these services at the customer's place of residence.
2.6 Fulfillment of the ordered services is tied to the person the customer designated as the person to whom the service is to be provided in his order.
3. Communication to the customer before the conclusion of the contract
The company, before the conclusion of the contract, which can be concluded without the physical presence of the parties, i.e. through means of remote communication, by these OPs in sufficient time before the conclusion of the contract and before the customer makes a binding order for services to this customer in accordance with the provisions of § 1820 paragraph 1 of Act no. 89/2012 Coll., Civil Code, states:
a) the costs of using the means of remote communication when ordering services and concluding a contract with the company are standard and do not differ from the basic rate when concluding contracts via means of distance communication, the customer when using the means of remote communication to place an order for services and to conclude a contract for the provision services will not incur any additional costs with the company beyond the scope of their agreed tariffs for means of communication,
b) the customer is obliged to pay the total price of the ordered services according to the concluded contract within three working days from the date of confirmation of the order by the company, but at the latest within three working days before the agreed date of performance of the services and before the performance of the services by the company,
c) the contract concluded between the company and the customer is not a contract, the subject of which is repeated performance, and therefore the shortest period for which the contract will bind the parties is not specified,
d) the contract concluded between the company and the customer is not a contract concluded for an indefinite period and its subject of performance is not repeated performance, when it is always the provision of specific individual services ordered by the customer, when for each of these services a specific price is set in advance in the company's price list, which the customer is obliged to pay before the service is provided; within the framework of its discount campaigns, the company is entitled to allow customers to use services at discounted prices, when these prices are limited by the period during which the company's discount campaign lasts and during which time the customer is obliged to use up the ordered services,
e) the contract concluded between the company and the customer is not a contract concluded for an indefinite period and its subject of performance is not repeated performance, when it always involves the provision of specific individual services ordered by the customer, for a predetermined price that already includes all fees, and the company is not if the customer complies with all the terms of the concluded contract, no additional fees are charged,
f) the customer is entitled to withdraw from the contract within 14 days from the date of conclusion of the contract without giving a reason and without any penalty, this does not apply if the customer orders a specific date for the use of services from the company within the period for withdrawing from the contract and these will be completely provided by the company within the deadline for withdrawal from the contract. To exercise the right to withdraw from the contract, the customer is also entitled to use the form for withdrawal from the contract, which meets the requirements set out in the implementing regulation; a sample of which is located on the company's website. In order to comply with the withdrawal period, it is sufficient to send the withdrawal before the expiry of the withdrawal period to the company. If the customer withdraws from the concluded contract after the expiry of the statutory 14-day period, then he is obliged to pay the company a termination fee according to these OPs. The customer's instruction on the possibility of withdrawing from the concluded contract without giving a reason within 14 days from the conclusion of the contract is also included in the instruction on the possibility of withdrawing from the contract, which is published on the website of the company www.spa5.cz.
g) based on the concluded contract, the company provides services to the customer in its premises, and therefore the customer will not bear the costs associated with returning the goods, as these will not be incurred by the customer,
h) the company provides services to the customer on the basis of the concluded contract, and if the customer withdraws from the concluded contract after the company has even partially provided the service/services to the customer, then the customer is obliged to pay the company an amount proportional to the scope of the services provided,
i) the contract concluded between the company and the customer is not a contract for the supply of digital content, and in this context the provisions of Section 1820 paragraph 1 letter i) of Act No. 89/2012 Coll., Civil Code do not apply to it,
j) in the event of customer dissatisfaction with the services provided by the company, the customer is entitled to file a complaint with the director of the company in writing, and this will be resolved within 30 days with a written response. If the dispute between the company and the customer, who is a consumer, cannot be resolved directly between the customer and the company, the customer has the right to an out-of-court settlement of the consumer dispute from the contract according to Act No. 634/1992 Coll., on consumer protection, as amended. The materially competent entity for the out-of-court settlement of consumer disputes arising from a contract between the company and a customer who is a consumer is the Czech Trade Inspection. The website of the trade inspection is www.coi.cz.
4. Price of services
4.1 For the provision of services, the company is responsible for the price of the ordered services (procedures) according to the company's price list current on the day the order is executed.
4.2 The price of the ordered services is not affected by any subsequently implemented actions of the company, including such actions that will be valid on the day the service is provided.
4.3 If the customer orders a service that is provided after a period determined by the company at a discounted price, which the company provides as part of discount promotions, the customer is obliged to use up the services within the duration of this discount promotion.
5. Payment terms
5.1 If no other date is specified in the company's order confirmation, the price of the ordered services must be paid within three working days of the order confirmation, but no later than three working days before the service is performed by the company.
5.2 In the event that the customer does not meet the payment deadline for the ordered services, it is considered that the customer has withdrawn from the concluded contract in accordance with the provisions of these OPs, unless the company informs the customer otherwise in writing. If the company, even in the case of late payment of the service, will continue to perform according to the concluded contract, it will inform the customer of this fact in writing, in which case the concluded contract will not be cancelled.
5.3 The customer is entitled to pay the agreed price in the following ways:
a) by non-cash transfer to the company's account, whereby the day of crediting to the company's account is considered the day of payment;
b) by postal order to the company's address, with the date of delivery of the order to the company's headquarters being considered as the day of payment;
c) by drawing benefit cards or vouchers, in which case the date of delivery of the relevant documents to the company's headquarters is considered the day of payment;
d) by cash payment at the company's cash desk at its headquarters in Karlovy Vary.
5.4 All payments must be made in favor of the company without any deductions, i.e. in the full amount of the ordered services.
5.5 He handles online payments for us payment gateway Comgate. The service provider, the company ComGate Payments, as, is a licensed Payment Institution operating under the supervision of the Czech National Bank. Contact information for the company ComGate Payments, a.s., including phone number and e-mail address for any complaints or questions about payments:
ComGate Payments, as
Gočárova třída 1754 / 48b, Hradec Králové
E-mail: payment-podpora@comgate.cz
Phone: +420 228 224 267
www.comgate.cz
5.6 Payments made through the payment gateway are fully secured and all information is encrypted.
5.7 The following payment methods are available:
a) QR payment with bank payment buttons takes place by loading the QR code into your mobile banking - more here;
b) payment by card via Mastercard, Visa, Google Pay cards takes place by filling in the details of your payment card, and after the payment is approved by your bank, the customer and the company Alžbětiny Lázně, as immediately receive information about the payment - more here;
c) payment by bank transfer takes place by logging into online banking or the application, at the same time it guarantees the security of this payment method - confirmation of payment can only take place in them - and during transaction processing, security is guaranteed by the fact that the connection between banks is encrypted - more here
6. Terms of performance of the company according to the concluded contract
6.1 The person to whom the performance is to be provided is obliged to appear at the company's premises for the purpose of providing the service no later than 20 minutes before the start of the service, i.e. before the designated time for the implementation of the service so that the person properly prepares for the provision of the service.
6.2 In the event that the provision of the service cannot be started by the company at the specified time due to a reason on the part of the person to whom the service is to be provided, then any shortening of the provided service is at the expense of the person who caused the impossibility of starting the provision of the service, or at the expense of the customer. In such a case, the person to whom the service is to be provided is not entitled to the provision of the service in full, but only to the extent reduced to the time reserved for the procedure in question according to the initiation of the procedure, as stated in the concluded contract.
6.3 In the event that the provision of the service cannot be started by the company for a reason on the part of the person to whom the service is to be provided, even after the expiry of five minutes from the set time, then the company is entitled to refuse the provision of the service and withdraw from the contract due to the failure of the contract by the customer.
6.4 The customer acknowledges that the start of the procedure may be postponed by the company for technical or organizational reasons. Neither the customer nor the person to whom the service is to be provided may make any claims due to such a shift of the service, e.g. a claim to a discount on the price of the service.
6.5 The person to whom the service is to be provided is obliged to follow the company's internal regulations at the company's premises, in particular the operating regulations, visiting regulations, safety regulations and instructions of the company's operating personnel. In case of non-compliance with these principles, i.e. in case of violation of regulations or disobedience of the company's personnel, the company may refuse to provide the service and consider the contract as canceled by the customer, or terminate the service at any time without compensation.
6.6 The customer is entitled to make any possible complaints about the services provided in accordance with the company's complaints procedure, which is publicly available at the company's headquarters.
7. Changes to the concluded contract and withdrawal from the contract
7.1 Any changes to the concluded contract, i.e. in particular changes in the person to whom the service is to be provided, changes in the procedure (ordered services) or its timing, are possible only and exclusively according to the technical and operational possibilities of the company and are subject to its written approval.
7.2 In the event of a change to the concluded contract, which the company has agreed to in writing, the customer is obliged to pay the relevant fee, depending on the nature of the change, as follows:
a) change of person while maintaining the same gender CZK 0.00
b) change of person with change of gender CZK 10
c) change in procedure timing (day or hour) CZK 10
7.3 The customer has the right to withdraw from the concluded contract without giving a reason within 14 days from the day following the date of conclusion of the contract, of which he is expressly informed. In the case of exercising his right to withdraw from the concluded contract, the customer is obliged to inform the company in writing by letter sent through the postal service operator, by e-mail or fax. The customer is also entitled to use the sample form available on the company's website www.spa5.cz to withdraw from the contract. In order to comply with the deadline for withdrawal from the contract, it is sufficient to send the withdrawal before the expiry of the deadline for withdrawal. In such a case, and if the performance of the services was not started with the express consent of the customer within the specified period, all payments that the company received from the customer will be returned to the customer without undue delay, no later than 14 days from the day when the company receives the customer's notice of withdrawal from the contract she received. For refunds, the company will use the same means of payment used by the customer, unless the customer expressly specifies otherwise. With the return of performance, the customer will not incur any additional costs.
7.4 In the event that the customer gives the company his express consent to be fulfilled by the company according to the concluded contract before the expiration of the period for withdrawing from the contract, i.e. within 14 days from the day following the date of conclusion of the contract, including by ordering in the case of the company, the deadline for drawing up the services is within the period for withdrawing from the contract, i.e. within 14 days from the day following the date of conclusion of the contract, and the company has already provided the services to the customer in full, the customer does not have the right to withdraw from the concluded contract.
7.5 If the customer withdraws from the concluded contract after the company, with the express consent of the customer, has partially complied before the expiration of the 14-day legal period for withdrawal from the contract, the customer is obliged to pay the company an amount proportional to the scope of the services provided, until the time when the customer informed the company about the withdrawal from the contract, in comparison with the total scope of services ordered by the customer, e.g. if the subject of the concluded contract was several services that can be divided separately, then the customer is always obliged to pay the full price of the separately provided service, i.e. e.g. in within the framework of ordering three massages, when one has been performed, the customer is obliged to pay the full price of this one massage. In such a case, only that part of the price for services that were not provided to the customer will be refunded to the customer. Any and partial refunds of the paid service price will be made to an account specified in writing by the customer, with a maturity of 30 days from the delivery of proper identification of the account to which the refund is to be made.
7.6 If the customer withdraws from the concluded contract after the expiration of the statutory 14-day period for withdrawal, for any reason, the customer is obliged to pay the company a fee for withdrawal from the contract, depending on the time of withdrawal from the contract with regard to the agreed period of performance from the price of the ordered service in this amount:
1) withdrawal more than a week before the agreed date 0%
2) withdrawal 7-3 days including before the agreed date 25%
3) withdrawal 2-1 day inclusive before the agreed date 75%
4) withdrawal on the agreed day 100%
7.7 The company is entitled to withdraw from the contract for the following reasons:
a) non-payment by the customer of the price for the services within the specified period, i.e. within three days before the date of the agreed performance of the service;
b) due to a reason on the part of the customer or the person to whom the service is to be provided, according to these OPs, by which the contract will be intentionally frustrated, e.g. in case of failure to show up to provide performance properly and on time or non-compliance with the conditions of service provision, violation of internal regulations companies;
c) for technical reasons;
d) if the customer's state of health, according to the doctor's decision, does not allow the service to be provided.
In the case mentioned under letters a) and b), the customer is not entitled to any financial compensation or to the return of the amount paid, if he has paid this to the company. In the case mentioned under letter c), the customer has the right to a refund of the price paid, and only if it is not possible to provide the service on another alternative date. In the case mentioned under letter d), the price paid will be returned to the customer.
8. Final Provisions
8.1 The company reserves the right to change and supplement these OPs. Any changes and additions to the OP will not apply to already concluded contracts, when in such a case the concluded contractual relationship between the company and the customer is governed by the terms and conditions of electronic orders valid at the time of the conclusion of the contract between the company and the customer.
8.2 These OPs are considered in the sense of the provisions of § 1751 of Act No. 89/2012 Coll., Civil Code, as part of each individual contract and their complete and current wording is published by the company on its website www.spa5.cz.
8.3 In the event of a conflict between the language versions of these OPs, the OP in the Czech language always takes precedence.
8.4 These OPs become valid and effective on November 1, 2023.
8.5 Starting from the effective date of these OPs, the company's previously issued terms and conditions of electronic orders shall cease to exist.