General Terms and Conditions and House Rules
VIVIEN Apartments
Valid and effective from: 1 September 2026
The rules in this document are not here to restrict you. They are here so that every guest can enjoy the quiet, the space and the atmosphere the house offers, and so that it is clear in advance what we have agreed.
These general terms and conditions and house rules (hereinafter the Terms) govern the conditions of reservation and stay in the apartments of VIVIEN Apartments, the rights and obligations of guests and the operator, and the rules for use of the apartments and related areas.
1. Operator and contact details
Operator: Nikola Tomková
IČO: 04304438
Legal form: a natural person carrying on business under the Trade Licensing Act
Registered office: Reinerova 47/12, 370 06 České Budějovice
Place where accommodation is provided:
VIVIEN Apartments
Nádražní 108/43
370 01 České Budějovice
E-mail: info@vivienapartments.cz
Phone: +420 702 153 573
Web: www.vivienapartments.cz
2. Reservation, price and payment
A reservation becomes binding upon its confirmation by the operator or upon confirmation through the booking portal through which it was created.
A reservation may be concluded only by a person over 18 years of age. When making the reservation, the guest is obliged to provide true and complete details and to pay the price of the stay in the manner and within the period stated for the specific reservation.
The price of the stay is always stated before the reservation is completed. If different price, payment or cancellation conditions were agreed for a specific reservation through Booking.com, Airbnb or another booking portal, the conditions stated when that reservation was created take precedence for that reservation to that extent.
If advance payment or a deposit is required for a reservation and the guest does not pay it within the set period, the operator may cancel the reservation, unless otherwise agreed.
Additional services, surcharges and contractual penalties may be charged only if they arise under these Terms or have been agreed with the guest. An overview of the amounts is set out in Article 35.
Local stay fee
For reservations created through 1 October 2026 inclusive, the local stay fee is already included in the reservation price.
For reservations created from 2 October 2026, the local stay fee is not part of the basic accommodation price and is paid separately on arrival if it applies to that guest.
The local stay fee may be paid on arrival in cash or by payment card. When paying in cash, the guest is asked to have the corresponding amount ready.
The amount of the fee is governed by the legislation currently in force and by the generally binding ordinance of the statutory city of České Budějovice.
3. Cancellation and failure to arrive for the stay
A reservation may be cancelled free of charge no later than 14 days before the planned day of arrival.
If the reservation is cancelled 13 or fewer days before the planned day of arrival, the cancellation fee is 100 % of the total reservation price.
If the guest fails to arrive for the stay without cancelling the reservation in advance (no-show), the cancellation fee is 100 % of the total reservation price.
Cancellation of a direct reservation must be made in writing, in particular by e-mail or by another demonstrable electronic means.
If other cancellation conditions were agreed for a specific reservation, in particular through a booking portal or within a specific price offer, the conditions stated for that reservation apply.
Failure to take up the stay (no-show)
The standard time for personal check-in is on the day of arrival from 14:00 to 20:00.
If, on the day of arrival, the guest does not arrive by 20:00, has not agreed a later arrival in advance and does not contact the operator, the operator is entitled to treat the reservation as not taken up (no-show).
A guest who has agreed a later arrival with the operator in advance is not treated as a no-show.
The mere creation of a reservation, including a reservation created on the day of arrival shortly before the end of the standard check-in time, does not create a right to arrive after 20:00.
For reservations created through a booking portal, the rules of that portal and of the specific reservation also apply in the event of a no-show.
4. Withdrawal from the contract within 14 days
For an accommodation contract agreed for a specific date, the consumer does not have the right to withdraw from the contract without stating a reason within 14 days merely because the reservation was concluded via the internet or by another means at a distance.
The possibility of cancelling the reservation is governed by the cancellation conditions of the specific reservation.
5. Online check-in and handover of the apartment
Online check-in must be completed before the guest first enters the apartment, including where the reservation was created on the day of arrival.
Access codes and arrival information may be made available to the guest only after online check-in is completed and the payment conditions and the other conditions of the reservation are met.
The standard way of starting the stay is a personal welcome and showing the guest into the apartment, unless another method of handover has been agreed with the operator in advance.
If personal handover of the apartment has been agreed, the guest must not bypass that handover without the operator's consent and check in independently merely by using the access code.
On departure, the apartment is taken back in person where possible. The time of taking back is agreed in advance.
6. Communication and cooperation on arrival and departure
The guest is obliged to provide the operator with reasonable cooperation needed for proper handover and taking back of the apartment.
Before arrival, the guest is obliged to state the expected time of arrival and to notify any change to that time without undue delay.
Unless otherwise agreed, the guest is further obliged to contact the operator approximately 15 minutes before the actual arrival.
The operator waits no more than 10 minutes for the agreed handover time. If the guest contacts the operator about 15 minutes before arrival, the agreed time is the moment 15 minutes after that contact. The guest must give notice of a change to the arrival time in good time.
If the guest does not arrive within 10 minutes after the agreed time and the operator has to come again for the handover, a fee of 300 Kč is charged for each repeated trip. The fee is paid on the spot together with the other payments.
If the guest does not state the expected arrival time in advance, the operator arranges handover of the apartment within 60 minutes of the moment the guest notifies the operator of being on site. Waiting within this period does not give rise to a claim for a discount or for compensation.
For the amount of the late-arrival surcharge, the decisive moment is when the guest notifies the operator of being on site, not the moment the apartment is handed over. If the guest, without a time stated in advance, gives notice of arrival after 20:00, the guest pays the surcharge under Article 7.
Before departure, the guest is obliged, at the operator's request, to state the approximate time of their departure and to provide reasonable cooperation when the apartment is taken back.
The mere failure to provide cooperation does not automatically give rise to a contractual penalty. The guest is, however, liable for the actual and demonstrable costs or damage caused by a breach of this obligation.
7. Late arrival
Arrival after 20:00 is possible for a surcharge of 100 Kč for each half-hour commenced, but no later than 22:00. The amount of the surcharge follows the actual time of arrival, not the time that was notified, and is paid on the spot when the apartment is handed over.
If the guest repeatedly changes the agreed arrival time, does not provide the necessary communication, or by their conduct causes exceptional waiting or the need for exceptional personal assistance, a contractual penalty of 500 Kč may be charged instead of the ordinary surcharge for late arrival.
The contractual penalty of 500 Kč is not added to the ordinary surcharge for late arrival. For the same situation it is also not added to the fee for a repeated trip under Article 6.
The operator may, according to the circumstances, waive the surcharge or the contractual penalty in full or in part.
8. Check-out
The standard check-out time is by 10:00 at the latest, unless otherwise agreed.
A later departure may be agreed with the operator in advance, including orally. If a later departure is agreed, no surcharge is charged, unless otherwise agreed.
Without a prior agreement, a tolerance of up to 30 minutes is allowed.
If, without a prior agreement, the apartment is not vacated even after this tolerance has expired, the operator may charge 500 Kč for each additional hour commenced, but not more than the amount corresponding to the price of one additional night.
If late vacating of the apartment causes further demonstrable costs or damage, for example a substantial complication of the cleaning or of the following stay, the operator may claim compensation for them to the extent that they are not already covered by the surcharge stated.
9. Parking
One free private parking space is available for each of the five apartments in a closed courtyard at Chelčického 95/15, about 3-4 minutes on foot from the house.
The guest is obliged to use the space assigned by the operator and to report arrival by car in advance.
The car park gate is normally open daily from 6:00 to 18:00. Outside this time, the gate is opened remotely by ringing from the telephone number that the guest gave the operator in advance.
The caller's telephone number must not be hidden. On a device with more than one SIM card, the call must be made from the number previously given to the operator.
No stopping is allowed directly in front of the house. For a short unloading or loading of luggage, it is possible to stop on the opposite side of the street, about 30 metres from the house, if the current traffic situation and traffic regulations allow it.
The guest is obliged to follow the current operating instructions for use of the car park and the gate.
The car park is monitored by a camera system. Providing a parking space does not mean that the vehicle or items left in the vehicle are taken into safekeeping.
10. Access codes
Access codes are intended only for the registered guests of the relevant reservation.
The guest must not, without the operator's consent, disclose the access code to another person or otherwise enable that person to gain independent unauthorised access.
For demonstrable unauthorised disclosure or making available of an access code, a contractual penalty of 1 000 Kč may be charged for each case.
If, through a code made available in this way, an unannounced person was at the same time enabled to actually stay, two contractual penalties are not applied at the same time for the same act; the more specific provision on the unannounced person applies.
This does not affect the right to compensation for actual and demonstrable damage or costs to the extent permitted by the legislation.
11. Visits and additional accommodated persons
A short-term visit to an accommodated guest is possible if it does not disturb the quiet, the safety or the proper operation of VIVIEN Apartments.
A visit lasting no more than 4 hours during one day is regarded as a short-term visit. The visit must leave the apartment by 21:00 at the latest.
A visit must not stay overnight in the apartment, have its own access code, or actually use the apartment as its place of accommodation.
A person who stays in the apartment for more than four hours, stays after 21:00, stays overnight, or otherwise actually uses it as an accommodated person, must be reported in advance and registered as an additional guest.
An additional guest may be added only with the operator's prior consent and within the maximum capacity of the specific apartment.
For a duly reported additional person, 500 Kč per night is charged, unless otherwise agreed for the specific reservation. Any local stay fee is paid separately.
For accommodating an unannounced or unregistered person, a contractual penalty of 1 000 Kč per person and each night commenced may be charged.
If the number of persons exceeds the maximum capacity of the apartment, the number of persons must be reduced without delay. For each person above the maximum capacity, a contractual penalty of 1 500 Kč for each night commenced may be charged.
For the same person and the same act, the contractual penalty for an unannounced person and the contractual penalty for exceeding the maximum capacity are not added together.
Neither extra beds nor additional beds are provided, and the guest must not create further sleeping places contrary to the maximum capacity of the apartment.
12. Liability for visits and accompanying persons
The guest is obliged to ensure that persons whom the guest allows to enter the apartment or other areas of VIVIEN Apartments comply with the stay rules to the extent that applies to them.
If a visit, an accompanying person or another person admitted by the guest causes damage, extraordinary soiling, disturbance of the quiet or another breach of the rules, the guest is obliged to provide the operator with the cooperation needed to deal with the situation.
The guest's liability for the consequences of the conduct of these persons is assessed under these Terms and the applicable legislation.
13. Children and minor guests
VIVIEN Apartments are intended for guests from the age of 6.
The apartments are neither equipped nor specially secured for the stay of infants and children under six years of age. The operator does not provide cots or extra beds.
The accompanying adult is responsible for minor guests during the stay.
14. Domestic animals
Domestic animals are not permitted to stay in the apartments and accommodation areas.
If the prohibition is breached, a flat-rate compensation for the costs of extraordinary cleaning in the amount of 2 000 Kč may be charged.
If the actual, reasonable and demonstrable costs of removing the consequences, or the damage caused, exceed this amount, the corresponding higher amount may be claimed to the extent permitted by the legislation.
The prohibition does not apply to guide dogs and assistance dogs in the cases laid down by the legislation.
15. Quiet hours, parties and unauthorised use of the apartment
Quiet hours at VIVIEN Apartments are from 21:00 to 8:00.
During this time, the guest is obliged to limit the volume of conversation, music, television and other activities so as not to disturb the other guests or the residents of the house.
Regardless of the time of day, parties, celebrations, group events and other activities that unreasonably disturb the quiet, the safety or the proper operation of VIVIEN Apartments are not permitted.
After a warning by the operator, a contractual penalty of 2 000 Kč per demonstrable case may be charged for serious or repeated disturbance of the quiet.
Serious or repeated disturbance may also be a reason to end the stay.
The apartments must not be used for professional or commercial photography or filming without the operator's prior express consent.
It is prohibited to use the apartments to produce pornographic or similar commercial sexual content, to provide paid sexual services, or for any other similar commercial use unrelated to ordinary accommodation.
16. Smoking, open flame and safety
Smoking of cigarettes, cigars, water pipes, electronic cigarettes and vaping devices, and the use of heated tobacco products, is prohibited in all apartments, in all indoor areas of the house and on the apartment terraces.
Smoking is permitted only outside in front of the house or at the garden seating. The guest is obliged to smoke with regard to the other guests and the residents of the house, not to smoke by open windows and doors, to use an ashtray, and not to leave cigarette ends in the garden, on the pavement or in the car park.
If the smoking ban in an apartment, in the indoor areas of the house or on a terrace is breached, a flat-rate compensation for the costs of extraordinary cleaning and odour removal in the amount of 4 000 Kč may be charged.
If the actual, reasonable and demonstrable costs caused by the breach of the ban exceed this amount, the operator may claim a corresponding higher compensation to the extent permitted by the legislation.
The use of candles, aroma lamps with an open flame, incense sticks, pyrotechnics and other sources of open flame is prohibited in the apartments and the common areas.
For a demonstrable breach of the open-flame ban, a contractual penalty of 500 Kč may be charged even if no damage has occurred.
Any damage or extraordinary costs that arise are dealt with separately to the extent permitted by the legislation.
17. Safety and fire equipment
The guest must not cover, disconnect, dismantle or otherwise put out of operation smoke detectors, fire equipment or other safety devices located in the apartment or the common areas.
The guest must not block access routes or escape routes, or place objects in a way that may endanger the safety of persons or the operation of the building.
The guest is obliged to notify the operator without undue delay of any defect found in the safety equipment.
An intentional or repeated breach of these rules may, depending on its seriousness, be a reason to end the stay. If damage occurs or a professional intervention is needed, the guest pays the actual and demonstrable costs.
18. Safety and refusal of accommodation
The operator is entitled, before handover of the apartment, to refuse to commence the accommodation if, having regard to the specific circumstances on arrival, there is a reasonable concern that the stay of the guest or of the persons accompanying the guest could endanger the safety of persons or property, the proper operation of VIVIEN Apartments, or the undisturbed stay of other guests.
In the case of a direct reservation, if accommodation is refused in this way before the stay begins, the price for the accommodation not provided will be refunded to the guest.
For a reservation made through a booking portal, the further procedure is also governed by the conditions of the relevant booking portal.
In the event of an immediate threat to persons or property, the operator is entitled to call the Police of the Czech Republic or other competent services.
The premises of VIVIEN Apartments must not be used for unlawful activity.
19. Bicycles
Bicycles must not be brought into or stored in the apartments.
For their storage, the guest is obliged to use the place designated by the operator or to agree a method of storage in advance.
For a demonstrable breach of this rule, a contractual penalty of 1 000 Kč may be charged.
If damage or the need for extraordinary cleaning arises in connection with the breach, the operator may claim the corresponding actual and demonstrable costs to the extent permitted by the legislation.
20. Handling of equipment and technical devices
The guest is obliged to use the apartment equipment and technical devices only in a manner corresponding to their intended purpose.
Without the operator's prior consent, it is not permitted to move furniture, decorations or other equipment of the apartment. The only exception is ordinary moving of a chair when it is used.
It is not permitted to dismantle equipment, disconnect it, reconnect it, or move it between the apartment, the common areas and the garden.
The guest must not interfere with the installation or the technical settings of the heat-recovery ventilation, air conditioning, heating, lighting, electrical installation, routers, access systems, the camera system, or other technical elements of the building.
If, as a result of unauthorised handling, the guest causes damage, a fault or the need for a professional intervention, the guest pays the actual and demonstrable costs of restoring the equipment or device to its original condition.
21. Ventilation, windows, air conditioning and heating
The apartments are equipped with a controlled ventilation system with heat recovery.
The guest must not switch off the heat-recovery system at will, cover its elements, or change technical settings that are not intended for ordinary operation by the guest.
Windows must not be left open for a long time, in particular while the air conditioning or the heating is running at the same time.
The guest is obliged to use the air conditioning, the heating and other technical devices in accordance with the operator's instructions.
No sanction is charged for a short opening of a window on its own. If, however, demonstrable damage or an extraordinary cost arises from a breach of these rules, the guest is liable for it under the general provision on compensation for damage.
22. Common areas, the garden and private parts of the house
During the stay, guests may use the common areas on the ground floor and the garden of VIVIEN Apartments in accordance with their purpose and with regard to the other guests and the residents of the house.
The upper floors of the house are not part of VIVIEN Apartments. Private flats are located there, and guests are not permitted to enter these parts of the house without the operator's express consent.
The guest is obliged to keep the common areas and the garden tidy, to respect quiet hours from 21:00 to 8:00, and not to leave personal belongings, waste or equipment from the apartment there.
Without the operator's consent, it is not permitted to move garden or shared equipment, to interfere with the lighting, the electrical installation or other technical elements, or to use the common areas for parties, celebrations or group events.
Repeated breach of these rules, in particular repeated unauthorised entry into the private parts of the house, may be a reason to end the stay.
23. Entry by the operator into the apartment during the stay
The operator respects the guest's privacy and does not enter the apartment during the stay without reason.
Where possible, the operator enters by prior agreement with the guest.
Without the guest's prior consent, the operator is entitled to enter the apartment if this is necessary to avert damage or danger, to deal with an emergency or a serious technical fault, or another urgent situation concerning the safety of persons, property or the operation of the building.
If the guest repeatedly does not respond to the operator's reasonable attempts to make contact and there is at the same time a reasonable need to check the safety of persons, the condition of the apartment or a serious breach of the stay rules, the operator is entitled to carry out a necessary inspection of the apartment even without the guest's prior consent.
If the situation is not immediately urgent, the operator will try to contact the guest before entering and, before the actual entry, will knock and announce their presence.
The guest is obliged to allow access to the apartment if it is necessary to carry out a necessary repair or to remove a defect that cannot reasonably be postponed until the end of the stay.
24. Damage, extraordinary cleaning and treatment of equipment
The guest is obliged to treat the apartment and its equipment with care and in a manner corresponding to their intended purpose.
The guest is not liable for ordinary wear and tear arising from proper use.
The guest is obliged to notify the operator without undue delay of any damage or defect.
For damage, the operator may claim the reasonable and demonstrable costs of professional cleaning, repair, renovation or replacement of the item. If replacement is necessary, the nature, age and previous condition of the item are taken into account.
Extraordinary cleaning
If the guest leaves the apartment, its equipment or the common areas in a condition that requires cleaning beyond the ordinary cleaning after the stay, a flat-rate compensation for extraordinary cleaning in the amount of 1 500 Kč may be charged.
If the actual, reasonable and demonstrable costs of the extraordinary cleaning exceed this amount, the operator may claim their corresponding actual amount.
Ordinary cooking and an ordinary smell arising from proper use of the kitchen equipment are not in themselves a reason for extraordinary cleaning.
The guest is, however, obliged to prevent excessive soiling by grease, burnt-on residue, lasting odours, stains or other soiling beyond ordinary use.
Sensitive surfaces
The guest must not cut directly on the worktop, place hot objects without suitable protection, use aggressive or unsuitable cleaning products, or treat floors, furniture, the hob or other surfaces in a way that may lead to their damage.
In the event of damage, a reasonable cost of professional cleaning, repair or renovation is claimed in preference. Replacement of the whole item is claimed only if repair is not possible or is not economically reasonable.
25. Replacement of ordinary equipment
In the event of loss, destruction or damage that cannot be removed by ordinary cleaning, the operator may, for ordinary equipment, use the following indicative replacement values:
| Item | Compensation |
|---|---|
| Towel | 300 Kč |
| Bath towel | 500 Kč |
| Bath mat | 400 Kč |
| Sheet | 700 Kč |
| Pillowcase | 250 Kč |
| Duvet cover | 700 Kč |
| Mattress protector | 700 Kč |
| Pillow | 700 Kč |
| Duvet | 1 200 Kč |
| Glass or mug | 150 Kč |
| Plate or bowl | 200 Kč |
| One piece of cutlery | 100 Kč |
For a throw, decorative textiles, curtains, mattresses, furniture, floors, doors, appliances, electronics, lighting, technical equipment, works of art, prints, decorations and other items, the amount of compensation is determined according to the actual, reasonable and demonstrable costs of cleaning, repair, renovation or replacement, taking into account age and previous condition.
Necessary costs of transport, installation or a professional intervention may also be included in the costs.
26. Items taken away or missing
If, after the end of the stay, apartment equipment or another item belonging to the operator is missing, the guest is obliged to compensate for the damage caused.
For ordinary items, the replacement values stated in these Terms may be used. For other items, the actual value or the reasonable costs of replacing them are used, taking into account age and previous condition.
For the mere taking away of an item, a separate "penalty for theft" is not charged, unless these Terms provide otherwise for the specific case.
27. Guests' belongings, valuables and vehicles
The operator is liable for damage to items brought in by the guest to areas intended for accommodation or for storing items, to the extent laid down by the applicable legislation.
The guest is obliged to secure their personal belongings reasonably and to lock the apartment properly when leaving it.
If the guest discovers the loss, damage or theft of an item of theirs, the guest is obliged to notify the operator of this without undue delay.
The right to compensation for damage must be exercised against the operator no later than 15 days after the day on which the guest must have learned of the damage, unless the legislation provides otherwise for the specific case.
Valuables
If the guest requests safekeeping of money, jewellery or other valuables, the operator will take them into safekeeping to the extent laid down by the legislation.
The operator may refuse to take items that are dangerous, or items whose value or extent is disproportionate given the nature of the accommodation.
The operator may require that valuables be handed over for safekeeping in a closed or sealed box.
Vehicles and items in a vehicle
The free parking space provided to the guest serves for parking the vehicle for the duration of the stay.
Neither the vehicle nor items left in the vehicle are taken into safekeeping by the operator.
The operator is therefore not liable for damage to, loss of or theft of the vehicle or of items left in the vehicle, except in cases where the operator's liability follows directly from the applicable legislation.
The guest is advised not to leave valuables visibly placed in the vehicle.
28. Forgotten items
If, after the end of the stay, the guest leaves a personal item in the apartment or in other areas of VIVIEN Apartments, the operator will try, using the available contact details, to inform the guest of the find.
By agreement, a forgotten item may be collected in person or sent to an address specified by the guest.
The guest pays the costs connected with packing, postage, a courier service or another method of returning the item.
The operator is not obliged to send forgotten items at its own expense.
If the owner of the item cannot be contacted, or if the guest does not collect the item within a reasonable time, the item will be dealt with in accordance with the applicable legislation.
29. Service outages, technical faults and a replacement apartment
The operator will make reasonable efforts so that the services and technical equipment that form part of the accommodation are properly available during the stay.
In the event of an outage of electricity, water, the internet, public networks or other services caused by circumstances beyond the operator's control, the operator will, as far as possible, take the steps needed to deal with the situation or to secure a reasonable alternative solution.
If the reserved apartment cannot be provided for technical or other serious reasons, the operator may offer the guest another apartment at VIVIEN Apartments of comparable or higher capacity and standard.
If the guest does not accept the replacement apartment, the guest is entitled to a refund of the price for the accommodation not provided. For reservations through a booking portal, the procedure also follows the conditions of the relevant portal.
The guest is obliged to notify the operator without undue delay of any defect or outage found.
A short-term restriction caused by circumstances beyond the operator's control does not in itself give rise to a right to a refund of the whole price of the stay.
If the restriction is serious or long-term and substantially prevents proper use of the apartment, the operator may, according to the specific circumstances, offer reasonable compensation, a discount or another suitable solution.
This does not affect the guest's statutory rights arising from defectively provided accommodation or a service.
30. Compliance with the operator's instructions
The guest is obliged to comply with these Terms, the safety rules of the building and the operator's reasonable operating instructions relating to the use of the apartment, the common areas, the garden, the car park and the technical equipment.
The operator's instructions must not conflict with the agreed conditions of the reservation or with the legislation.
If the guest does not comply with instructions relating to safety, protection of property or the proper operation of VIVIEN Apartments and thereby breaches the stay rules in a serious or repeated way, the operator may proceed under the provision on ending the stay.
31. Ending the stay
The operator is entitled to end the stay early if the guest breaches their obligations under these Terms or the stay rules in a serious or repeated way and does not remedy the breach even after a warning by the operator.
A prior warning is not required where the guest's conduct presents an immediate or serious threat to the safety of persons or property, or where the nature of the breach does not make it reasonable to expect the stay to continue.
If the stay is ended because of a serious or repeated breach of obligations by the guest, the guest is not entitled to a refund of the price for the remaining unused part of the stay.
This does not affect the operator's right to further justified claims arising in connection with the guest's breach of obligations.
When the stay is ended, the guest is obliged, without undue delay, to leave the apartment and the other premises of VIVIEN Apartments and to hand them over to the operator.
32. Contractual penalties, surcharges, compensation for damage and their payment
Contractual penalties, flat-rate compensation and surcharges set out in these Terms are applied only where the conditions of the specific provision are demonstrably met.
For one specific act, more than one contractual penalty or sanction is not added together if they penalise the identical breach of the same obligation. In that case, the more specific provision of these Terms applies.
Payment of a contractual penalty does not affect the right to compensation for actual damage or demonstrable costs, and that right exists only to the extent that the legislation allows such a claim and only to the extent that the same harm is not already covered by the amount charged.
If, after the end of the stay, the operator discovers damage, missing equipment, extraordinary soiling or another fact giving rise to a claim against the guest, the operator informs the guest without undue delay, as a rule no later than 7 days after discovering it.
For facts that could be discovered during an ordinary check of the apartment after departure, the guest will as a rule be informed no later than 14 days after the end of the stay.
If it is hidden damage or another fact that could not reasonably be discovered during an ordinary check, the claim may also be made later; the operator informs the guest of it without undue delay after discovering it.
The operator will state to the guest in writing, in particular by e-mail or by a message through the booking portal, the reason for and the amount of the sum claimed and, where possible, will support the claim with photographs, proof of the costs or another suitable means.
The amount claimed is payable within 14 days of delivery of the notice, unless otherwise agreed.
For reservations made through a booking portal, the operator may also pursue the claim in the manner and within the periods that the relevant portal allows.
33. Personal data and the camera system
The operator processes guests' personal data to the extent necessary to create and manage the reservation, to provide the accommodation, to fulfil statutory record-keeping and reporting obligations, to process payments, to protect persons and property, and to protect the operator's legitimate rights.
The guest is obliged to provide the data required by the applicable legislation and, in justified cases, to allow the data to be verified by presenting an identity document.
Selected common and outdoor areas of VIVIEN Apartments are monitored by a camera system for security reasons. Cameras are not placed inside the apartments or in areas intended for the guests' private use.
Detailed information on the processing of personal data, the period for which they are kept, the camera system and the electronic access system, the recipients of the data and the guests' rights is set out in the separate Personal Data Protection Policy available on the VIVIEN Apartments website.
34. Complaints
If the guest discovers a defect in the accommodation or service provided, the guest is obliged to notify the operator without undue delay, so that the situation can, if possible, be remedied during the stay.
A complaint may be made in person, in writing or electronically using the operator's contact details stated in these Terms and on the VIVIEN Apartments website.
In the complaint, the guest should state the identification of the reservation, a description of the matter complained of, when the defect or problem was discovered, and what solution the guest requests.
The operator will confirm receipt of the complaint and its content.
The complaint will be dealt with without undue delay, no later than 30 days from the day it was made, unless the operator and the guest agree on a longer period.
The guest will be informed of how the complaint was dealt with. If the complaint is rejected, the reason will be stated.
The guest is obliged to provide the reasonable cooperation needed to assess and deal with the complaint.
35. Overview of fees and penalties
| Situation | Amount | Article |
|---|---|---|
| Late arrival after 20:00 | 100 Kč for each half-hour commenced | 7 |
| Repeated change of time / no communication / exceptional waiting instead of the ordinary surcharge | 500 Kč | 7 |
| Late check-out without agreement after the 30-minute tolerance | 500 Kč / hour commenced, max. price of 1 night | 8 |
| Additional duly reported person | 500 Kč / night | 11 |
| Unannounced or unregistered person | 1 000 Kč / person / night | 11 |
| Person above the maximum capacity | 1 500 Kč / person / night | 11 |
| Unauthorised disclosure of an access code | 1 000 Kč / case | 10 |
| Serious or repeated disturbance of the quiet | 2 000 Kč / case | 15 |
| Domestic animal | 2 000 Kč + any higher costs | 14 |
| Smoking inside the house or on the terrace | 4 000 Kč + any higher costs | 16 |
| Open flame | 500 Kč | 16 |
| Bicycle in the apartment | 1 000 Kč | 19 |
| Extraordinary cleaning | 1 500 Kč + any higher costs | 24 |
| Cancellation 13 or fewer days before arrival / no-show | 100 % of the reservation price | 3 |
The amounts in this overview are informative. The conditions for applying them are set out in the relevant articles.
36. Out-of-court resolution of consumer disputes
If a dispute arises between the operator and a guest in the position of a consumer, and it cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court resolution of the consumer dispute.
The competent body is:
Czech Trade Inspection Authority (Česká obchodní inspekce)
Central Inspectorate, ADR Department
Gorazdova 1969/24
120 00 Praha 2
E-mail: adr@coi.gov.cz
Web: www.coi.gov.cz
37. Final provisions
These Terms form part of the accommodation contract if the guest had the opportunity to familiarise themselves with them before the reservation was created. The guest may also confirm that they have familiarised themselves with the Terms during online check-in, if the system used provides this option.
For a specific reservation, the wording of the Terms with which the guest had the opportunity to familiarise themselves when it was created applies, unless the operator and the guest subsequently agree otherwise in express terms.
The operator is entitled to change the Terms for the future. A change to the Terms has no retroactive effect on reservations already concluded.
If the reservation was created through Booking.com, Airbnb or another booking portal and the conditions of the specific reservation differ on a point from these Terms, the conditions agreed when the reservation was created through the relevant portal take precedence to that extent.
If these Terms are also available in other language versions, the Czech version prevails in the event of a conflict.
The legal relations between the operator and the guest are governed by the law of the Czech Republic.
Any invalidity or ineffectiveness of an individual provision of these Terms does not affect the validity of the other provisions.