General terms and conditions of the company Kúpele Trenčianske Teplice, a.s., with registered office T.G. Masaryka 21, 914 51 Trenčianske Teplice, Slovak Republic, ID: 34 129 316, registered in Commercial Register of the District Court Trenčín, Section Sa, File No. 94/R (hereinafter referred to as "KTT")
Preamble
Kúpele Trenčianske Teplice, a. s. is a Slovak legal entity – a trade company that, as a natural health spa provider and user of natural healing resources on the basis of the granted license, provides healing spa treatment at Kúpele Trenčianske Teplice, as well as provides residential reconditioning and regeneration programs and services, accommodation services and catering to physical persons and corporate entities (hereinafter referred to as "clients").
Article I. Subject of General Terms and Conditions
These General Terms and Conditions (hereinafter the "GTC") govern the legal relations which arise between the KTT and clients (hereinafter referred to as "Parties") under providing services provided by the KTT, creating basic contracting frame and basic legal regulations of the relationships. In individual cases – legal relations between the KTT and clients, it is possible to adapt these GTC and solve certain rules of legal relationships individually; the individual adaptation may result from the contract between the KTT and the client, from another agreement between the Parties, as well as from the unilateral declaration of the KTT. It is valid that the individual adaptation, which addresses the legal relations in the other way than the GTC has precedence over provisions included in the GTC.
Article II. Creation of contractual relationship
1. The relationship – contractual relationship is created between the Parties:
• under a contract or other bilateral legal action;
• under a written, telephone, fax or e-mail order of the client, confirmed by KTT;
• under a payment of prices for provided services, or a part of that prices in at least .. 70.00 .... according to current pricelist of KTT, within at least 14 days prior to using of the services, with the consent or confirmation of KTT about the possibility to utilize the services in the specified date,
• on the basis of cashing a gift voucher issued by the KTT with the consent or confirmation of KTT about the possibility to utilization the services in the specified date.
2. Legal relations between the parties, as they are, their scope, content and conditions of the rights and obligations arising from the legal relations are governed primarily by the individual legal acts – contracts between the Parties, these GTC, the KTT current price list, current product offers of products and services of the KTT, as well as other legally relevant circumstances.
Article III. Rights and obligations of the KTT
1. The KTT as a provider of services has the rights as follows:
• to change these General Terms and Conditions solely and unilaterally;
• to change the range, scope, content, or conditions of offered services and products;
• to change the price list (prices of products and services) and change the terms of providing contractual products and services under the conditions provided in these General Terms and Conditions,
• withdraw from the contract with the client, if the client fails to follow their contractual obligations substantially, and/or commits a serious breach of good manners or behaves the way that threatens or harasses other clients or staff of the KTT or acts in the way that causes a damage or a risk of causing a damage to a property of the KTT, or of third parties. If, as a result of withdrawal of the contract with the client, the already paid products and services are not utilized, the client is not entitled to a receive a compensation of the price for the unused services and the KTT is not obliged to refund the client the payment for not utilized services, the paid price for unused services shall be deemed as a penalty,
• to collect a cancellation fee in the amount and under conditions provided in these GTC.
2. The KTT as a provider of services has the obligations as follows:
• to provide clients with agreed products and services in full and on time, to the extent, manner and terms that were agreed between the Parties;
• to provide clients with all information relating to offered products and services, their prices, as well as changes in products, services and their prices;
• ro respect all legitimate interests and rights of clients, particularly in relation to their personal data protection;
• adequately address complaints and claims of clients.
Article IV. Rights and obligations of the clients
1. The clients as the service recipients have the rights as follows:
• to be provided with proper and timely agreed and paid services and products by the KTT;
• to be provided with all information regarding offered products and services, their prices, as well as changes in products, services and prices;
• to apply the right to withdraw from the contract at any time before starting utilization of the services, even without giving a reason providing that they respect the cancellation conditions or other KTT conditions,
• to claim or to present an appeal, and the right to have it addressed under the conditions of these GTC.
2. The clients as the service recipients have the obligations as follows:
• to provide the KTT with necessary cooperation in an appropriate extent, to allow proper and timely provision of services and products by the KTT;
• to respect and adapt their behavior during the utilization of the services and products to generally binding legal regulations, these GTC, accommodation, catering, healing, spa or other relevant regulations and internal regulations of the KTT, which govern conditions and other features of the use of the services provided by the KTT,
• to pay KTT properly and timely the price for agreed services and products, as well as to receive documents (supporting documents or documents authorizing utilization of certain services);
• within and in relation to utilization of services and products, to act in a manner not to breach their contractual obligations substantially and/or not to commit a serious breach of good manners or a behave in the way that threatens or harasses other clients or staff of KTT; or activities that could cause a damage or a risk of causing a damage to a property of the KTT, or of third parties.
• unless the Parties agreed otherwise, to pass an initial examination and consultations on prescribed medical procedures under the conditions and in the extent of legal rules governing provision of medical care.
Article V. Prices and payment conditions of services
1. The KTT issues the price list of services and products, which constitutes an essential framework for negotiation of prices for provided services and products and is usually attached in the annex of the contracts and legal acts, through which the provision of products and services between the parties was negotiated.
2. The Parties shall negotiate prices for services and products of the KTT principally according to the KTT current pricelist and the current range of products and services, i.e. according to the price list and range valid at the time when legal relationship between the Parties is created.
3. The KTT is authorized to provide the client with a discount of price-list prices of products and services. The discount is not obliged to be provided to the client.
4. The KTT is authorized to change the price of products and services provided also after the contractual relationship between the Parties in created, but not later than 30 calendar days before the utilization of the service by the client started, provided that the change in prices is due to circumstances that may arise alternatively as changes of current legal standards affecting the prices or terms of services, changes of transport costs (including fuel prices) by more than 5%, changes of exchange rates of EURO by more than 5%, changes in energy prices, media and other input costs by more than 5% compared to prices existing at date of issuance of the last valid price list of services and products of the KTT. The KTT is obliged to inform the client about the change of prices in an appropriate form (in written, by fax or e-mail), so that at least 30 days before the date agreed by the Parties as the date of starting of the service utilisation, the KTT shall send a notice about price changes to the address of the client known by the KTT.
5. In the case of a longer duration of contracts between the KTT and the client, the KTT is entitled to change the prices of products and services even if requirements under Article V.4. of these General Terms and Conditions are not met; in such case the KTT is required to notify the client about the changes of prices in price lists within a period of at least 30 days before the validity and effectiveness of the new prices starts. By the delivery of the new price lists to the client within the specified period, provided that the client doesn’t withdraw the contract, it is considered that the Parties agreed to change the prices for services and products from the date of the validity and effectiveness of new price lists.
6. Unless the Parties agreed otherwise, if the client fails to settle by the date designated as the date of starting of service utilization the agreed price for the services and products of the KTT in full, the KTT is entitled to refuse to provide the client with services and products of the KTT; in such case the client is not entitled to have compensated any costs or damages.
7. The price is considered to be settled at the moment when the funds are credited to the account of the KTT or paid in cash at the cash desk of the KTT (at the relevant point of sale).
Article VI. Changes of conditions of provided services and products
1. The KTT have the right to change the range and terms of provided KTT services solely based on their own will, with regard to changes in relevant legislation or standards usual for provision of the same or similar services, as a unilateral act.
2. In case of urgent need caused by factors or events beyond the control of KTT or other serious objective reasons, or by necessary technical or other outages, or in case of a KTT decision of a reconstruction of the KTT premises where services are provided to exceed or improve services provided by the KTT, the KTT is entitled to change and in case of particularly serious objective reasons to cancel the contracted services of the KTT, it can be done even during the period of utilization of services by clients of the KTT. In this case, the KTT undertakes to ensure that the extent and the period of the clients limitation when utilization the services as small as possible; in the situation the client can withdraw the contract with effectiveness from the date of receipt of the notice by the KTT. In this case for the client the Article VIII of these GTS on cancellation fees shall not apply.
3. The KTT undertakes to inform the client about the reasons why the provided services are changed or cancelled without delay, immediately after the KTT becomes aware of such facts and it also undertakes to submit a proposal how the situation should be solved to the client.
4. The agreed terms and conditions are not considered changed in case the accommodation unit is changed where it is necessary because of objective or operational reasons, if the client is offered with an accommodation unit of the same or higher category, and also in case of any change in schedule of services provided when because of objective reasons the agreed timetable cannot be met and the client was offered a new timetable of the same or similar quality, with the same or wider range of services.
Article VII. Claims and complaints
1. The client is entitled in connection with the provided services or products to apply in the KTT a claim in the case when the extent, content or quality of provided services or products in the individual case is inconsistent with the parameters and conditions of services agreed between the Parties, or in contrary with the conditions which are usual when providing the same or similar services.
2. The client is obliged to apply the claim of faulty services immediately (within three days) from the date of their utilization, and in one of the following forms:
• personally (with writing a log about the applied claim) on site where the services were provided with the person who provided the services, or the manager of the KTT center where the service was provided;
• claims may be applied in writing by the postal delivery to the address of the management of the KTT;
• or by e-mail to the address ..sekretariat@slktn.sk.. The late complaints or applied in other form will be disregarded.
3. In the event that a complaint is justified, the KTT shall remove the defect of the service under the existing legislation and it shall provide the client with the service once again, or compensate the client with offering an alternative utilization or a reasonable discount from the price of the service.
4. If it is not possible to address the justified claim immediately, including providing performance to ensure its remedy, the KTT is required, after the protocol of claim has been made, to notify the client about the result of the claim and how it will be addressed, within a period 30 calendar days from the date of application.
5. In case the client wishes to express his dissatisfaction with the service provided without any requirement to remove defects, the client is entitled to submit a complaint to the KTT. The KTT is required to address the submitted complaint in terms of generally binding legal norms, as well as internal regulations KTT.
Article VIII. Terms of service cancellation
1. In case of cancellation of the provision of services by the client or in case the client withdraws the contract because of reasons on their side, the client is obliged to pay cancellation fees to KTT, which the Parties legally considered as a penalty. The cancellation fees are calculated and charged for each registered person, depending on the number of days remaining till the date stated by the Parties as the date of starting of the service, as follows:
• 28 days before starting of service utilization 10% of the price of the service
• 27 to 14 days before starting of service utilization 30% of the price of the service
• less than 13 days before starting of service utilization 50% of the price of the service
2. In case that the client, after starting of service utilization because of reasons on their side or due to reasons not on the side of the KTT, reduces utilization of services, they are required to pay a penalty – the cancellation fee of 100% from agreed, ordered (including unused) services to the KTT.
3. The KTT is unilaterally entitled to set the cancellation fee with the client’s advance payment for the services.
Article IX. Specific provisions on gift vouchers
1. The KTT as a provider of services issues gift vouchers at nominal value of € 100 and € 50, which the client can use to utilize various services while payment for using the services will be realized by deduction of points from the gift vouchers. The gift vouchers can be purchased at the KTT sales points, or their delivery can be ordered at the KTT sales department.
2. The validity of the gift vouchers is stated on the front side. Clients can utilize the services under the gift voucher solely during the duration of the gift voucher validity. In the event that services are not utilized in the period, the client loses the right to use the service, without any compensation. A service chosen from the KTT menu, listed on the gift voucher will be provided to the client - the person who presents the gift voucher.
3. The term when the services should be utilized the client is obliged to book - directly in the sales office of the procedures or by a telephone call to number 032/65 14 140, or by e-mail to predajprocedur@slktn.sk. The booking of term of the service shall be arranged by the client within two weeks before the gift vouchers expires. Once the KTT confirms the booking it becomes binding and the date of service can be changed only because of serious reasons, the alternative date can be set no later than three days before the booked date. Before the utilization of services, the client will pick up the voucher with the timing of individual services at the sales department.
Article X. Refusal to provide services due to contraindications
1. The KTT is entitled to refuse to provide services, especially medical and spa procedures in the event that the medical records or examination of the client identify any signs of contradictions, which are referred to in Article X.2. of these GTC.
2. The contraindications that can result in the situation when the KTT is entitled to refuse the services and medical spa procedures: circulatory decompensation, Aphasia, Ataxia, acute status after myocardial infarct ...
3. In case of refusal of services by the KTT to the client with symptoms of any of the contraindications listed in article X.2.of these General Terms and Conditions, the KTT shall provide to the client services to the extent necessary to process issues related to refusal of services to the client and his departure from the facility of the KTT. Unless the parties agree otherwise, the costs of these services are paid by the client.
Article XI. Failure to meet contractual obligations due to force majeure.
In the event that the Party cannot meet its contractual obligation due to force majeure, i.e. due to conditions excluding liability under applicable law, as unforeseeable and unavoidable objective circumstances (natural disasters, strikes, wars, earthquakes, etc.), it is not responsible for such an infringement, if the impact of such circumstances could not have been avoided. Force majeure cannot be regarded as having the subjective nature of the circumstances or which occur as a result of personal or economic circumstances of the Party.
