These business terms andconditions (hereinafter referred to as "T&Cs") regulate therelations between the company GAUDEO - Vranovská pláž s.r.o., identificationnumber 021 62 695, VAT number: CZ02162695, with registered office atMladoňovice 65, 675 32 Mladoňovice, and regulate the mutual rights, andobligations of the contracting parties arising in connection with or on the baseof the purchase contract (hereinafter referred to as the "purchasecontract") concluded between the seller and another natural or legalperson (hereinafter referred to as the "buyer") via the seller's web store.The seller operates the web store at the internet address www.vranovska-plaz.czthrough the website interface (hereinafter referred to as the "webinterface of the store").
Inthese T&Cs, "buyer" means a consumer, i.e. an individual who doesnot act as part of his business activity or as part of the independent exerciseof his profession.
Personaldata provided by the buyer in connection with the order and the concludedpurchase contract are collected, processed and stored in accordance with theapplicable laws of the Czech Republic, especially with the Act on the Protectionof Personal Data and the General EU Regulation (GDPR) in its effective versionfor the purposes of compliance subject of the concluded contract, other legalobligations, protection of rights and legally protected interests. The buyer isinformed that he must always provide accurate and correct information regardinghis person.
“Goods”stand for "Voucher" intended for the purchase of services, which theseller provides as part of his business activity in the Vranovská plážcampsite, especially accommodation.
1) Contact details of the seller
GAUDEO - Vranovská pláž s.r.o.
se sídlem Mladoňovice 65, 675 32 Mladoňovice
IČ: 021 62 695, DIČ: CZ02162695
e-mail:
recepce@penzionygaudeo.cz
2) Information for customers before the conclusioncontract
Rights arising from anunsatisfactory performance, warranty rights and other conditions for the applicationof these rights:
The seller delivers the goods(voucher) to the buyer in the quality anticipated by § 2161 NOZ, i.e. inparticular:
The goods have the propertiesthat the buyer and the seller have agreed on, and in the absence of anagreement, such properties that the seller has described or that the buyerexpected concerning the nature of the goods based on the advertising they carryout.
The goods meet therequirements of legal regulations.
If the goods do not meet theserequirements when taken over by the buyer, the buyer has the right to deliver newgoods without defects unless it is unreasonable due to the nature of the item.
If the defect relates only toa component of the item, the buyer may only request a replacement of thecomponent; if this is not possible, he may withdraw from the contract anddemand repayment of the purchase price in full.
However, suppose the disproportionalityis due to the nature of the defect. In that case, especially if the defect canbe rectified without undue delay, the buyer is entitled to free removal of thedefect.
If the buyer does not withdrawfrom the contract or does not claim the right to deliver the new goods withoutdefects, to replace the component or to repair them, he may require areasonable discount on the purchase price. The buyer is entitled to an appropriate discounteven if the seller is unable to deliver new goods to him without defects,replace their parts or repair them, as well as if the seller fails to rectify withina reasonable period or if the consumer experiences significant difficulties dueto rectification.
If the defect becomes apparentwithin 6 (six) months from the takeover, it is considered that the item wasalready defective on the takeover.
Unless expressly statedotherwise for the goods, the buyer is entitled to claim the rights from the unsatisfactoryperformance 24 months from the date of the takeover of the goods by theconsumer. If the goods are in the repair shop under warranty, the sellerextends this period for the buyer by the time the goods are in warranty repair.
The seller is not responsible for defects if:
the defect was on the item atthe time of the takeover, and a discount was negotiated on the purchase pricefor such a defect
the defect was caused by the buyer and arose from improper use, storage, improper maintenance
buyer intervention or mechanical damage
the defect occurred as a result of an external event besides the influence of the seller
Furthermore, we are tellingthe following information to users before a distance contract is concluded:
- the cost of distance communication is nodifferent from the basic rate charged to the consumer by his operator/serviceoperator; the consumer is not forced to communicate with the seller on linescharged for the benefit of the seller
- the seller requires full purchase price paymentbefore taking over the goods. Payments are made by bank transfer, cash ondelivery, or by payment by credit card over the internet. In the case ofpersonal collection at the establishment, the consumer pays for the trip to theplace of business and back. When delivering via the Czech Post, an agreedcourier and the DPD, PPL delivery service, the consumer pays for the transportcosts according to the seller's current price lists.
- the seller does not conclude contracts, thesubject of repeated performance, or contracts for an indefinite period. Thevoucher always has limited validity.
- all prices are quoted on the website, including value-addedtax (VAT), recycling fee is quoted separately, transport prices are listedunder (b) of this T&C,
- the consumer has the right to withdraw from theconcluded contract (unless stated otherwise) within the 14 days running if:
the purchase agreement, from the date of the takeoverof the goods,
a contract, the subject of which is severaltypes of goods or the delivery of several parts from the date of acceptance ofthe last delivery of goods,
the contract, the subject of which is theregular repeated supply of goods from the date of acceptance of the firstsupply of goods,
the contract, the subject of which is theregular repeated supply of goods from the date of acceptance of the firstsupply of goods,
this withdrawal must be sent to the seller's delivery address, or use the with drawal form
The consumer cannot withdraw from the contract by:
provision of services, if they were fulfilledwith the express prior consent of the consumer before the expiration of theperiod for withdrawal from the contract and the seller informed the consumerbefore concluding the contract that, in such a case, he does not have the rightto withdraw from the contract
delivery of goods or services, the price of which depends on fluctuations in the financial market independently of the will of the seller and which may occur during the withdrawal period
the delivery of goods that have been modified according to the wishes of the consumer or for his person, to goods manufactured at the request of the customer different from the standard configuration
delivery of goods in closed packaging, which the consumer has removed from the packaging and for reasons of hygiene, it is not possible to return it,
the delivery of an audio or video recording or acomputer program if it has violated its original packaging
delivery of newspapers, periodicals or magazines
transport or use of free time, if the entrepreneur provides these services within the specified date
the supply of digital content where it was not delivered on a tangible medium and was delivered with the consumer's prior express consent before the withdrawal period expired, and the seller told the consumer before the conclusion of the contract that he had no right of withdrawal in such a case. It is expressly impossible to withdraw from the delivery of a digital content online contract.
- in the case of withdrawal, the consumer shall bear the costs associated with the return of the goods and, in the case of a distance communication contract, the cost of the return of the goods if normal postal channels cannot return the goods because of their nature
- the consumer is obliged to pay a proportional part of the price in the event of withdrawal from the contract, the subject of which is the provision of services and the performance of which has already begun,
3. Conclusion of the purchase agreement
The buyer selects the goodsdisplayed on the seller's website and sends the goods ordered via the website.In doing so, the buyer acknowledges that in the case of web shopping, thepresentation of goods on the store's web interface is only informative and isnot a binding offer, there may be emptied stock or impossibility to provideservices, the seller is not obliged to enter into a purchase agreementregarding these goods. By placing an order in the online shop, the buyerconfirms that he has detailed knowledge of these T&Cs, including thecomplaints procedure, and agrees with their content.
The order is a proposal for concluding a purchase contract when selling in the web shop. Delivery of the order to the seller is confirmed by an automatically sent message. The conclusion of the purchase agreement will only occur with the delivery of the order confirmation by the seller to the given address of the buyer. The contract is generally concluded in Czech.
When concluding the contract, the buyer bears only his own costs of communication with the seller at the prices for which his service provider provides. In the case of personal collection, the buyer pays for the trip to the establishment and back. The buyer pays the shipping costs for delivery by post, courier and parcel service.The risk of damage to the goods passes to the buyer at the moment of the take over by delivery service, courier or post.
Personal data that is provided to buyers in connection with the order is collected, processed and stored in accordance with the applicable laws of the Czech Republic, in particular, ActNo. 101/2000 Coll., on the protection of personal data, in the effective wording to fulfil the subject of the concluded contract. The buyer must always provide true and correct information regarding his person. If the buyer wishes the seller to keep his personal data for later product offers, participation in he seller's loyalty program gives their consent by filling in their data.
h) the contract is concluded principally in the Czech language; after completing the business case, the seller archives the data about it, which is sent to the user in a form that allows it to be archived and printed. The seller archives the concluded contract for at least five years from its conclusion, or for the most prolonged period of time, as stated in the relevant legislation, for its successful fulfilment and is not accessible to third parties. Information on the individual technical steps leading to the conclusion of the contract is provided in the GeneralTerms and Conditions.
If the complaint is not resolved, the consumer is entitled to make a complaint to the supervisory or state supervisory authority. Out-of-court dispute resolution is handled by mediators, independent mediators of communication between the parties to the conflict. Their list is available at
www.justice.cz, where you can search for consumers. The conditions are set individually by the mediators.
The withdrawal form is listedunder the T&C.
4) Goods ordering
Ordering can be done in the following ways:
- in the webshop
- by e-mail at the addresses listed on
www.penzionygaudeo.cz5) Price
The buyer is informed of theprice of the goods by a valid price list, which also lists all related charges.VAT on the type of goods is always added to the price. In the case of webshopping, is added shipping and packaging.
The web shop’s price and components are quoted directly to the displayed goods. Special offers, discounts and webshop prices apply only to purchases made through it.
Method of payment for webshop purchases:
bank transfer to a bank account held with Fio bank Znojmo, 2800688180/2010, the variable symbol is the order number. Goods are handed to the buyer after verification of crediting the payment to the seller's account
by post - Czech Post office orother carriers - courier (payment directly to the driver).
by Visa and MasterCard payment cards - for cards with permission for payment via the Internet or virtual payment cards
The buyer will state the price in the order, and the seller will display the price in the confirmation of the goods ordered. The seller may change the price if the market situation changes. The proposal of the purchase contract is then the seller's notification of the final price; if the buyer does not agree to the communicated price change, the purchase contract has not been concluded.
The seller must comply with Act No. 112/2016. Coll., on the sales record, issue a receipt to the buyer. At the same time, he must register the received sales with the tax administrator online, in case of a technical failure, then within 48 hours at the latest.
6) Withdrawal from the contract
The consumer has the right to withdraw from the purchase agreement within 14 days of receiving the goods. Written withdrawal from the contract must be delivered to the seller by the 14th day after taking over the goods.
Formulář pro odstoupení je součástí OP.
The consumer is obliged to return the goods with complete documentation. The seller issues a credit note, which he delivers to the consumer by 3 working days after the effective date of withdrawal.
The seller will return themoney to the consumer within 30 days from the effective withdrawal date fromthe contract to the bank account specified by the consumer in the withdrawal. Ifnot specified, then to the account from which the funds to pay the purchaseprice were transferred.
7) delivery of goods
The seller will deliver thegoods that are the subject of the concluded purchase contract to the buyer:
delivery by transport servicein the Czech Republic: the goods can be sent to the buyer by the transportservice of Czech Post, DPD, PPL, etc., to the buyer's home or the addressprovided by the buyer.
When taking over the goods, the buyer is obliged to inspect them, and in case of defects, he is obliged to notify the buyer of these defects without delay.
8) Other rights and obligations of the contractingparties
Thesubject of out-of-court settlement of consumer disputes, if no agreement isreached regarding the subject of the consumer dispute, is the Czech TradeInspection. Rules established by the Czech Trade Inspection, which govern theprocedure for the out-of-court settlement of consumer disputes, in accordancewith Act No. 634/1992 Coll., on consumer protection, in effect, and theproposal form, are available to consumers at
www.coi.cz. It is also possible toresolve the dispute online out of court via the ODR platform https://ec.europa.eu/consumers/odr.
9) Complaints procedure and warranties
The buyer is, in principle, obliged to inspect the purchased goods and their accessories upon receipt. If the goods are delivered by the carrier, in particular, the buyer is obliged to check with the carrier the quality of the delivered package and the integrity of the packaging, detect any damage and immediately enter deviations in the shipping list or handover protocol. The moment of the transfer of the risk of damage from the seller to the buyer is the moment of acceptance of the shipment from the carrier. If the buyer fails to inspect the goods or fails to arrange an inspection at the time of passing, the risk of damage can make claims from defects detectable during this inspection only if it proves that the goods already had damage at the time of passing risk.
Each item is accompanied by a tax document used to enforce the guarantee.
The seller passes the goods to the buyer in the quality anticipated by § 2161 NOZ,i.e.:
the good shave properties that buyers have negotiated with the seller, and if the arrangement lacks such characteristics as was described by the seller or expected by the buyer due to the nature of the goods and based on advertising by them
the goods are fit for the purpose stated by the seller for its use or for which theitem of this kind is usually used
the goods are the items in the appropriate quantity, amount or weight
goods comply with the requirements of the legislation
In case the goods do not comply with these requirements when taken over by the buyer, the buyer is entitled to the delivery of new goods without defects, as long as this is not disproportionate to the nature of the matter. If the defect concerns only a component of the item, the buyer may only request the replacement of the compo. If this is not possible, he may withdraw from the contract and demand a full refund of the purchase price. However, if this is disproportionate due to the nature of the defect, in particular, if the defect can be rectified without undue delay, the buyer has the right to rectify the defect free of charge.
If the buyer does not withdraw from the contract or exercise the right to deliver new goods without defects, replace its component, or repair it, it may require are reasonable discount on the purchase price. The buyer is entitled to an appropriate discount even if the seller can't deliver new goods to him without defects, replace its component or repair goods, as well as if the seller fail sto rectify within a reasonable period or if the consumer experiences significant difficulties due to rectification. The seller is not responsible for defects if:
the defect was on the item at the time of the takeover, and a discount was negotiated on the purchase price for such a defect
second-hand goods and the defect corresponds to the level of use or wear that the goods had when the buyer took them over
the defect was caused by wear and tear caused by normal use or by the nature of the matter (e.g. expiration of lifetime)
the defect was caused by the buyer and arose from improper use, storage, improper maintenance
by the intervention of the buyer or by another person other than the seller or by mechanical damage
the defect occurred due to an external event outside the seller's influence.
A complaint is a unilateral legal action by which the buyer identifies the alleged defective characteristic of the goods and, at the same time, communicates what specific claim of liability for defects is being made and the requirement for the method of informing about the handling of the complaint. The buyer is obliged to claim the goods as soon as possible after the defect is detected. Claimed goods must be delivered in packaging that prevents damage. With goods, the buyer presents fundamentally a tax document (copy), the authority for the owner to act.
If the claim is accepted as legitimate, the buyer is entitled to be reimbursed for the expenses incurred by exercising that right. If the claim is not recognised and the customer insists on repair, the seller is entitled to charge all costs associated with the claim. The goods will be returned to the buyer after the costs have been paid in accordance with the previous sentence.
The seller is obliged to confirm in writing form to the buyer the method of settlement of the complaint and its duration.
The buyer cannot change the claimed claim without the seller's consent. If the goods’ defects subsequently turn out to be irreparable, the buyer may require the delivery of replacement goods if the buyer requests without undue delay after the seller has notified him of this fact.
Seller's liability for defects that are material or non-material breaches of contract applies to defects in goods arising within 24 months of receipt, for defects where quality liability does not apply on the takeover. A defect is considered to be a material breach of contract where the buyer would not have entered into the contract if he had foreseen the defect after the contract. In other cases ,it is a defect which is not a material breach of contract.
If the defect is a material breach of contract, the buyer of his choice is entitled to the delivery of a new item, repair, reasonable discount or withdrawal (with the right to a full refund of the purchase price). If the defect is a minor breach of contract, the buyer is entitled to have the defect rectified or a reasonable discount.
The right to delivery of a new impeccable item, part replacement, price discount or withdrawal from the contract has the buyer, regardless of the nature of the defect, if the item cannot be appropriately used for a recurrence of the defect after repair or for a more significant number of defects.
If the customer requests the delivery of the goods to any place outside the claim location after the claim has ended, the goods are delivered to him at his expense in the same way as when the goods are sold unless there is a legitimate claim.
If the seller does not rectify the defects within a reasonable additional period or if he notifies before its expiration that they do not remove the defects, the buyer may withdraw from the contract or demand a reasonable discount on the purchase price.
10) Changes in T&C
These T&Cs may be unilaterally amended and supplemented by the seller with the new wording, always with the effective date of the latest full text appearing on their website.
In Mladoňovice on 22.3.2023
