General Business Terms and Conditions

1. General Provisions

1.1 These General Business Terms and Conditions stipulate rights and obligations of the contracting parties resulting from the relevant contractual relations (e.g. established by the purchase contract or other similar contract) concluded between

Kúpele Dudince, a.s. (hereinafter referred to as the “Seller”)

Company ID number: 31642713, VAT ID number: SK2020474390

The company Kúpele Dudince, a.s.is registered in the Commercial Register of the District Court Banská Bystrica, section: Sa, insert No.: 319/S

and the Purchaser, with the subject comprising purchase and sale of services in e-shop in the Seller’s internet site www.kupeledudince.sk or otherwise (tel., e-mail, etc.).

Seller’s contact data:

Mail address: Kúpele Dudince, a.s., Kúpeľná 106/3, 962 71 Dudince

Account number for wire payments: 914008412/0200, IBAN: SK61 0200 0000 0009 1400 8412

Telephone: +421 45 550 4444, Fax: +421 45 550 4840

E-mail: rezervacie@kupeledudince.sk

Supervisory body: Slovak Trade Inspection, Health Care Surveillance Authority

The Seller provides medical, accommodation, catering and additional services for payment to Purchasers specified in the catalogue or in individual contracts in accordance with regulations in force in the Slovak Republic.

1.2 The contracting parties agree that by sending an electronic order to the Seller, the Purchaser agrees with these General Terms and Conditions and acknowledges that the General Business Terms and Conditions apply to all purchase contracts concluded in the internet site operated by the Seller, based on which the Seller delivers the services (hereinafter referred to as the “stay”) presented in the Seller’s internet site www.kupeledudince.sk to Purchasers, and that apply to all relations between the Seller and the Purchaser established especially upon conclusion of the purchase contract, and to complaints about services.

1.3 The General Terms and Conditions shall be an inherent part of the Purchase Contract. In case the Seller and the Purchaser conclude a written Purchase Contract, in which they agree on conditions different from the General Terms and Conditions, provisions of such Purchase Contract shall prevail over the General Terms and Conditions.

1.4 The list of stays presented in the e-shop operated by the Seller is a catalogue of commonly sold stays, while the Seller does not guarantee that all stays are readily available; they are available according to Seller’s vacancies in accommodation facilities. Availability of certain stay will be confirmed at request.

2. Procedure of Ordering Services and Cancelation

2.1 The Purchaser files a proposal (hereinafter referred to as the “Order”) for conclusion of a Purchase Contract to the Seller by means of e-mail sent to the Seller and/or by means of a form filled-in and sent through the Seller’s internet site, and/or by means of a telephone order, and/or in writing (letter) sent by the Purchaser to the Seller.

2.2 The Purchaser’s order will be bindingly accepted by the Seller’s telephone, e-mail or written acknowledgement and acceptance of order after the Seller receives the order and checks vacant accommodation capacities and availability on the date requested by the Purchaser; such acknowledgement will be called “confirmation of reservation”. Automatic notice of receiving the order in the Seller’s electronic system delivered to the Purchaser’s e-mail address immediately after placing the order shall not be considered as a binding acceptance. Any other information about the order will be send to the Purchaser’s e-mail address.

2.3 The biding acceptance of the order shall include name and specification of the stay purchased in accordance with the Purchase Contract, information of the price of the stay, and/or other services, number of persons, term of the stay, name of the accommodation facility and the Seller’s data (business name, registered office, ID number, registration in the business register, etc.) or other information about the payment method.

2.4 The Purchaser can cancel the order by e-mail or by telephone in 7 working days after the Seller has received the order. The Purchaser shall be obligated to include his/her name (or e-mail) and to describe the ordered service (stay) in such order cancellation notice intended for the Seller. If an order is cancelled not later than 7 days before the check-in, the Seller will not charge any fees in connection with cancellation of such order to the Client. If an order is cancelled less than 7 days before the check-in due to other reasons than health reasons that make it impossible to go for the stay and unless the parties agree on other term of the stay, the Purchaser shall be obligated to pay 20% of the price of the ordered services to the Seller. If the Purchaser has already paid the purchase price or any part thereof before cancellation, the Seller would refund the paid purchase price or any part thereof minus 20% of the price of the stay in 15 days after cancellation of such order to the Purchaser’s bank account (or to the Purchaser’s payment card if the price was paid by such payment card), unless the contracting parties agree on a different way of refunding the purchase price.

3. Rights and Obligations of the Seller

3.1 The Seller shall be obligated to:

• Provide the services to the Purchaser in the quantity, quality and terms specified in the order placed by the Purchaser and confirmed by the Seller;
• Secure that all services comply with the applicable legal regulations in force in the Slovak Republic;
• Submit to the Purchaser all documents prescribed by applicable legal regulations in paper form or electronic form;
• Respect all Purchaser’s legal interests and rights in particular in connection with protection of the Purchaser’s personal data;
• Settle all Purchaser’s complaints and claims appropriately

3.2 The Seller shall be entitled:

3.3 To receive from the Purchaser a proper and timely payment of the purchase price of ordered services not later than upon checking in, unless agreed otherwise in the contract;

3.4 Not to confirm an order if there are no vacancies in the term requested by the Purchaser, unless the Seller and the Purchaser agree on an alternative performance. The Purchaser will be informed of cancellation by telephone or by e-mail and, if the purchase price or any part thereof has already been paid, the Seller will refund it in 15 days to the account specified by the Purchaser (or to a payment card, if the price was paid by such payment card), unless the parties agree otherwise.

3.5 To withdraw from the contract concluded with the Purchaser in case the Purchaser violates his contractual obligations in a material way, and/or violates the good manners in a material way, or in case the Purchaser’s conduct bothers or threatens other clients or Seller’s staff, or if the Purchaser’s conduct causes damage or risk of damage of the Seller’s property or third party’s property. If not all the services and products that had been paid for are fully used in consequence of withdrawal from the Contract, the Purchaser shall not be entitled for a refund of the price of such services not used, and the Seller shall not be obligated to refund the price of the unused services to the Purchaser. The paid price of any unused services shall be considered as a contractual fine.

3.6 People under the age of 18 and persons having any contraindication of a spa treatment in Kúpele Dudince, a.s. shall not be provided any health services (except for first aid). If the Seller refuses to provide a service to the Purchaser having a contraindication, the Seller will provide the Purchaser with services inevitably necessary for handling any issues connected with such refusal to provide services to the Purchaser and with the Purchaser’s check out from the accommodation facility. Unless the contracting parties agree otherwise, the costs connected with the services shall be borne by the Purchaser.

4. Rights and Obligations of the Purchaser

4.1 The Purchaser shall be entitled to:

• Proper services included in the price of the stay purchased from the Seller;
• File a complaint about any possible shortcomings of the received services, including the right for removal, completion of services, or for alternative provision of a new service or for an appropriate discount from the paid agreed price of services;
• Ask the Seller for the necessary information about circumstances and requirements of services included in the price of the stay;
• Be informed immediately of any possible change in the programme of their stay, scope of the services and price of the stay;
• Withdraw from the Contract any time before the Purchaser started to use the services, even without giving any reason, while the cancellation terms and conditions specified in par. 2.4 must be complied with.

4.2 The Purchaser shall be obligated to:

• Provide to the Seller the necessary cooperation needed for proper provision of services, especially to provide true and complete information needed for reservation of the stay, to provide complete and true information about the Purchaser’s health condition and to provide informed consent in accordance with Act No. 576/2004 Coll. on Healthcare and Healthcare-related Services and on amendment and supplementation of certain acts in case health care is provided to such Purchaser;
• Immediately inform the Seller of his/her opinion on any possible changes, of which the Purchaser has been informed,
• Submit to the employee in charge the original application for the stay – voucher, or confirmation of the stay reservation upon checking in;
• Comply with the Seller’s rules of accommodation;
• Pay the contractual price of the stay in deadline specified in the confirmation of reservation, or in the stay reservation form, or in invoice (see par. 5.2)
• Pay the local accommodation tax to the town of Dudince at Seller’s accommodation facility reception, if the tax is not included in the price of the stay;
• Not to damage the Seller’s good name, to act so that no Purchaser’s contractual obligations would be violated in a material way during the use of services and products, and/or not to breach good manners in a material way and to refrain from any conduct that could bother or threaten other clients or Seller’s staff, and refrain from the conduct that could cause damage or risk of any damage of the Seller’s property or third party’s property;
• In case of a stay that includes provision of health services, to undergo an initial medical check-up and medical consultation about the prescribed medical procedures under the conditions and within the extent of legal standards regulating the provision of spa medical care and to observe the treatment regime specified in the health file.

5. Purchase Price

5.1 Prices specified in the Seller’s pricelist, catalogue or web site apply to the relevant period (usually a calendar year) unless any major changes in prices of services occur, e.g. in consequence of devaluation, changes in tax rates, and other unpredictable effects. The Seller shall be obligated to inform the Purchaser of every change resulting in increase of the price. Catalogue prices of stays do not include accommodation tax in accordance with applicable regulations, which shall be paid to the town of Dudince.

5.2 The Purchaser shall be obligated to pay to the Seller the purchase price agreed in the Purchase Contract and/or according to the Seller’s pricelist in force in the moment of signing the Purchase Contract by cash or cashless payment not later than upon the check-in, or before the check-in by a wire transfer to the Seller’s account specified in the Seller’s binding confirmation of order.

5.3 The Seller shall be entitled to provide a discount to the client. However, the Purchaser cannot claim such discount. Discounts cannot be accumulated. Information of all types of discounts offered by the Seller is listed in the Seller’s web site www.kupeledudince.sk. It is in the Purchaser’s interest to ask the Seller for information about the offered discounts that could apply to services ordered by the Purchaser. The Seller shall be obligated to provide true information of such discounts. The Purchaser can use such discount not later than upon payment of the purchase price. Discounts offered by the Seller apply only to stays ordered directly by the Seller (not through a third person – intermediary).

6. Change of Conditions of Services and Products

6.1 The Seller shall be entitled to change the agreed services, if any circumstances arise that prevent the Seller from the provision of services according to conditions set or agreed in advance. The Seller shall inform the Purchaser of such changes immediately, not later than 3 days before the check-in.

6.2 The Purchaser shall be entitled to withdraw from the Contract and to the refund of the paid price or advance payment without any cancellation fees:

• If the stay is cancelled by the provider;
• If the Seller changes accommodation, term or price of the stay unilaterally, without the Purchaser’s approval. Such change does not include a change of accommodation within the same place, if the agreed category and the agreed facilities are preserved or if the services provided in the alternative facility are of higher category.

7. Claims and complaints

7.1 As regards services and products, the Purchaser shall be entitled to file a claim to the Seller, if the scope, content or quality of the received products or services does not correspond with the parameters or conditions agreed by the contracting parties, or with the conditions that usually apply to the provision of the same or similar services.

7.2 A claim about a badly provided service shall be filed by the Purchaser immediately (not later than in 3 days) after receiving such service either personally directly in the place, where the service had been provided (including signing a record of the filed claim), by mail to the company management or by e-mail to: sekretariat@kupeledudince.sk. The Seller will not take into consideration any claims filed late or otherwise.

7.3 If the filed claim is found to be justified, the Seller shall be obligated to rectify the defect in accordance with the applicable legal regulations, and to provide the service again or to provide a compensation or an adequate discount from the price of the provided service.

7.4 Unless a justified claim can be settled immediately and unless rectification can be provided immediately, the Seller shall be obligated to prepare a record of the filed claim, to inform the Purchaser of the result of claim assessment and the way of settling the claim not later than in 30 calendar days after the claim has been filed (this period does not include the time needed for any expert evaluation).

7.5 If the Purchaser would like to express his/ her dissatisfaction with the provided services without claiming a rectification of any defect, the Purchaser shall be entitled to file a complaint. The complaint shall be settled by the Seller in accordance with generally binding legal regulations and internal rules of the company.

8. Special Provisions about Gift Vouchers

8.1 The Seller shall be entitled to issue gift vouchers (hereinafter referred to as “GV”) for their services. The GV can be issued for a concrete term or for a season, while validity should be defined. If the services are not used before the expiry of GV, the Purchaser loses the right to use such services without any refund.

8.2 The service selected by the Purchaser from the Seller’s offer and specified in the GV will be provided to the person that resents the GV.

8.3 The whole GV must be used on a one-time-basis. The GV cannot be exchanged for cash. The Purchaser or a third party that holds the GV must make a reservation at the Provider’s reservation department not later than 14 days prior to expiry of the GV validity (contacts are specified in the GV).

8.4 The GV will be sent to the Purchaser by mail or by e-mail after the GV purchase price is settled. The day of settlement shall be the day, on which the Seller’s account is credited with the full purchase price.

8.5 If GV is ordered through the Seller’s web site for a third party, the Purchaser will pay the purchase price upon placing the order through secure online interface by a payment card, unless agreed otherwise with the Seller. The Seller will issue a tax document to the name of the person that will use the service and will send it to such person by e-mail in 15 days.

8.6 The Purchaser of GV (however not the third party – the GV holder) shall be entitled to change data (e.g. name of the third party – GV holder) or to withdraw from the Contract (more details in par. 2.4 and 4.1). The Purchaser will inform the Seller of withdrawal in writing or by e-mail. After such withdrawal from the Contract, the GV shall expire and the Purchaser or the third party that presents such cancelled GV cannot claim the services. The Seller will refund the paid purchase price in 15 days after such cancellation of order to the Purchasers bank account (or to payment card if such payment was paid by such payment card), unless the contracting parties agree on other way of refunding the purchase price.

9. Personal Data and Protection of Personal Data

9.1 The Seller will protect the Purchaser’s personal data in accordance with art. 6, par. 1a) of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter referred to as the “GDPR regulation”).

10. Violation of Contractual Obligation in Consequence of Force Majeure

10.1 If either contracting party cannot fulfil its contractual obligation in consequence of force majeure, i.e. a circumstance excluding such party’s liability in accordance with applicable legal regulations, which is an unforeseeable and inevitable objective circumstance (natural disaster, strike, war, earthquake, etc.), such party shall not be responsible for such unfulfillment as long as it could not avert the effect of such circumstance. Force majeure does not include circumstances of subjective character or circumstances arisen in consequence of personal or economic condition of such contracting party.

11. Alternative Solution of Disputes

11.1 If unsatisfied with how the Seller has settled his/her complaint or if the Purchaser thinks that the Seller has violated his rights, the Purchaser shall be entitled to request a remedy (by e-mail to sekretariat@kupeledudince.sk) from the Seller. If the Seller rejects such request or does not reply in 30 days after the request has been sent, the Purchaser shall be entitled to file a motion for an alternative dispute resolution to an entity resolving disputes in an alternative way (hereinafter referred to as the “ARS”) in accordance with Act No. 391/2015 Coll. ARS entities shall mean bodies and entitled legal entities in accordance with section 3 of Act No. 391/2015 Coll. The motion can be filed by the consumer in accordance with section 12 of Act No. 391/2015 Coll.

11.2 A consumer can also file a complaint through the ODR platform for Alternative dispute resolution available at http://ec.europa.eu/consumers/odr/index_en.htm.

11.3 Alternative dispute resolution can only be used by the Purchaser who is a natural person and does not conclude and perform the Purchase Contract within its business activities, employment or occupation. Alternative dispute resolution only applies to such disputes between the Purchaser and the Seller that arise from the Purchase Contract or in connection with the Purchase Contract. Alternative dispute resolution only applies to distant contracts. Alternative dispute resolution does not apply to disputes, in which the disputed value is less then EUR 20. ARS entity can charge a fee up to EUR 5 incl. VAT from the Purchaser for starting an alternative dispute resolution.