Terms and Conditions

By ordering, checking in, or upon confirmation of the reservation-order by the seller, the buyer automatically accepts the validity, knowledge, and is familiar with the terms and conditions, warranty and complaints policy, operating and accommodation regulations, withdrawal cancellation policies, alternative online dispute resolution (ODR), declaration and consent to services, and the withdrawal form. All these documents are published on the website www.chatavyhnana.sk or directly at Chata vo Vyhnanej right at the entrance to the building.

OPERATOR OF THE INTERNET PORTAL:

Company name: ellma s.r.o.
Vojtecha Tvrdého 783/4 01001 Žilina
Company ID (IČO): 52029794 Tax ID (DIČ): 2120969950 VAT ID (IČ DPH): SK2120969950
We are a VAT registered company
email: info@chatavovyhnanej.sk , Tel. No. +421903566136

Supervisory Authority: SOI (Slovak Trade Inspection) Košice 1, Vrátna 3, 043 79, Department of Supervision Execution: tel. no. 055/622 0781
http://www.soi.sk
http://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi

1) PURCHASE CONTRACT

Directly checking in for a stay – accommodating oneself, paying a deposit, or making a remote order-reservation by the buyer (including through an intermediary) constitutes a proposal for a purchase contract, and the purchase contract itself is concluded at the moment the confirmation of the accommodation reservation is delivered by the seller. From this moment, mutual rights and obligations for the given service arise between the buyer and the seller, or until full payment for the goods is received. The buyer confirms that they have been informed that the order includes an obligation to pay the price, a deposit, or a cancellation fee in case of cancellation of the stay-service, as well as penalties for damages caused to the owner-operator during their stay by failing to comply with the business, operational, and accommodation terms. All prices for goods, services, and fees are listed including VAT. Warranty conditions are governed by the complaints policy.

By concluding the purchase contract or checking in, the buyer confirms having knowledge of, having read, and agreeing to the terms and conditions, and that the buyer has the right to products and services in good, standard quality within the respective accommodation category. Furthermore, the buyer has the right to information such as the complaints policy, warranty conditions, accommodation and operating regulations, buyer rights, contract withdrawal, compensation for damages, declaration-consent to services, the option to submit complaints, contract withdrawal options, as well as online dispute resolution (ODR) as in force on the date the order is created, and the buyer is sufficiently warned by the execution of the order itself, agrees with them, and has the opportunity to familiarize themselves with them. All contracts, operational conditions, etc., are published on the website www.chatavyhnana.sk or directly at the cottage in Vyhnaná, right at the main entrance to the building. Equipment rental (kettle, grilling accessories, etc.) + use of relaxation services: cooling pool, sauna, hot tub, jacuzzi, foosball, darts, fireplace, hearth, etc., are governed by an oral lease agreement and operating regulations (available for viewing at each service) as of the day the services are used or the day of checking in for the stay. Notice: The property-cottage is planned to be sold starting from 2025. In the event of a sale, all agreements, terms, and conditions regarding reservations, accommodation, etc., will be fully assumed by the buyer of the property – the new owner of the cottage. In the case of accepted-confirmed orders and already paid deposits, these will be transferred to the new owner or refunded to the buyer.

2) ACCEPTANCE AND PROCESSING OF ORDERS, WITHDRAWAL, CANCELLATION FEES

Accommodation reservations can be made via: www.booking.sk, www.megaubytovanie.sk, and other intermediaries, or directly through our company – the accommodation provider of Chata vo Vyhnanej by email at: info@chatavyhnana.sk, by phone: +421 903 566 136, or in person at the cottage.

Reservation guarantee: The reservation is valid only after confirmation by the accommodation provider!

After sending the order-reservation (including through other accommodation intermediaries) specifying the dates of stay, number of persons, and room type (2-3-4 or 5-bed room), your order will be processed and a confirmation from us will be delivered to your e-mail address containing all the necessary details for the execution of the service. In the event that the buyer does not provide the required details, room types, etc., during the reservation, rooms and services will be allocated randomly according to the number of ordered persons and conditions.

The seller reserves the right to cancel the reservation-order, purchase contract, or a part of it without compensation for damages or liability in the following cases and under these obstacles: due to force majeure, if the cottage or part of its staff is in quarantine, affected by an infectious disease, etc., if it becomes economically unviable to operate the cottage (e.g., if fewer than 12 people are accommodated), or in case of a serious or sudden change making it impossible to operate the cottage completely or partially, e.g., an unpredictable breakdown requiring urgent repair or scheduling of its repair, a power outage, heating failure, water supply issues, etc. This also applies to a change of the property owner due to its sale. Should this situation occur, the seller will immediately contact the buyer to agree on further steps, relocation of the accommodation, or the option of complete cancellation of the order. If the buyer has already paid a part, a deposit, or the full amount of the purchase price, this amount will be transferred back to their account, and the purchase contract will not be concluded. All orders-reservations received through this shop are binding.

When ordering for a larger number of guests-groups (over 15 people) or for the entire property-cottage (or a major part of it), a deposit of at least €1000 must be paid (the exact amount and payment method subject to agreement). For economic reasons concerning the cottage, the deposit is non-refundable under these conditions: the order was cancelled by the buyer, the minimum capacity of accommodated guests or catering was not met, or it serves as a balance payment for the minimum payment according to the price quote/agreement.

An accommodation order (excluding groups and entire property bookings) can be cancelled free of charge and without giving a reason up to 14 days prior to the arrival date by mutual email notification. If the order is cancelled less than 14 days before the arrival date, the buyer will be charged for expenses or a cancellation fee. (The cancellation fee does not apply to the client, or their deposit will be refunded, in the event that the regional public health authority/hygiene or a government regulation of the Slovak Republic, etc., orders the closure of the establishment).

CANCELLATION OF ORDERS, goods, services, penalties

In the event of a stay cancellation, the cottage charges the following cancellation fees:

14 or more days prior to arrival: free of charge
13-6 days prior to arrival: 30% of the total calculated accommodation amount
5-2 days prior to arrival: 50% of the total calculated accommodation amount
1 day prior to arrival and on the day of arrival: 100% of the total calculated accommodation amount

+ a contractual penalty of €5 for each day of non-payment of the cancellation fee.

Upon cancellation of a stay subject to a cancellation fee, an invoice for the payment of the stay will be sent to the guest's email address or permanent residence address.

3) PRICE, PAYMENT TERMS, METHOD OF PAYMENT:

Price by agreement or current offer via email, SMS, or the price list published on the website of Chata Vyhnaná, or the price list at the reception: it depends on the dates, number of people, requirements, etc. You will be informed about it in advance during, or immediately after, the cottage reservation order.

Payment terms and method of payment

The cottage may, but is not required to, request advance payment for orders-accommodation up to 15 people. (Over 15 people also by agreement). The deposit is payable to the property owner's account. The final payment-balance for the stay is paid in cash upon arrival. In case of a written agreement or a condition-request from the accommodation provider, it is necessary to pay a deposit or the full amount for the accommodation in advance, and the remaining balance in cash or via wire transfer within 7 days. Payment of the deposit or the full price of the stay no later than 5 working days from the reservation confirmation and sending of the invoice is considered confirmation of a binding reservation for accommodation and other services. The balance is paid upon arrival. If the deposit or full payment is not paid and credited to the designated account within the specified period, the reservation will be cancelled as of that date.

Payment terms – companies, travel agencies, individuals: In case of an agreement, the cottage does not require advance payment for accommodation. Payment shall be made by wire transfer to the cottage's bank account within 14 days from the start of the stay.

Penalties

In case of non-payment of the requested accommodation amount within the specified period, a contractual penalty of 50% of the unpaid amount + collection costs, including through third parties/entities, applies.

4) NON-COMPLIANCE WITH THE PURCHASE CONTRACT - GENERAL INFORMATION

In the event that the order, room, etc., upon acceptance by the buyer, is not in compliance with the purchase contract (hereinafter referred to as "non-compliance with the purchase contract"), the buyer has the right to have the seller bring the matter into compliance with the purchase contract free of charge and without undue delay, according to the buyer's request either by exchanging the room, etc., or by repairing it; if such a procedure is not possible, the buyer may request an appropriate discount on the price or withdraw from the contract. This does not apply if the buyer knew about the non-compliance before taking over the property or caused the non-compliance themselves.

The seller-operator of the cottage is not liable for loss, damage, theft, or natural element damage (hail, storm, falling tree, snow, etc.) to personal cars, bicycles, etc., belonging to the buyer-guest in the cottage parking lot, nor for personal belongings stored inside them. The parking lot is located in a mountain environment, is unattended, and is close to trees and a stream.

The seller-operator of the cottage is not liable for loss, damage, or theft of personal items brought in by the buyer-guest, such as a bicycle, stroller, scooter, etc., into the external storage room-garage of the cottage. Storage is entirely at your own risk.

The seller-operator of the cottage is not liable for the buyer-guest's failure to comply with the operational and accommodation regulations. (The buyer is liable at their own risk for all resulting damages, injuries, etc., caused by non-compliance with the regulations).

We provide a statutory warranty period for goods-stays-services. Complaints will be resolved in accordance with the Complaints Procedure of the Slovak Republic.

5) CONSUMER'S RIGHT TO WITHDRAW FROM THE CONTRACT

INSTRUCTION ON THE EXERCISE OF THE CONSUMER'S RIGHT TO WITHDRAW FROM THE CONTRACT

If the purchase contract is concluded using means of distance communication, the consumer has the right to withdraw from the contract within 14 days of ordering the service or no later than 14 days prior to arrival. In this case, the consumer shall contact the seller regarding their decision to withdraw from this contract via an unequivocal Statement, preferably in writing or by email, stating that they are withdrawing from the contract along with the order number, purchase date, and account number for the refund, or via the withdrawal form included in the terms and conditions, on the website under the information section, or sent to you. The withdrawal must be delivered no later than the last day of the 14-day period.

Consequences of withdrawal from the contract

Upon withdrawal from the contract, we will refund all payments received from you in connection with the conclusion of the contract, particularly the purchase price.

THE CONSUMER DOES NOT HAVE THE RIGHT TO WITHDRAW FROM THE CONTRACT IN THE CASE OF CONTRACTS FOR:

an order placed exclusively at the request of the buyer or for the delivery of a service-accommodation modified according to the wishes of the buyer – custom-made – tailored or for their person (celebrations, weddings, etc.),
the performance of health treatments, preparation of the jacuzzi, sauna, special services, etc., which the consumer explicitly requested from the seller in writing.

6) Complaints Policy (Complaints Procedure)

General Provisions and Definition of Terms

1. This complaints policy is issued in accordance with Act No. 40/1964 Coll. Civil Code as amended, Act No. 250/2007 Z.z. on Consumer Protection and amending Act of the Slovak National Council No. 372/1990 Coll. on Offenses as amended, Act No. 281/2001 Z.z. on Tours, Conditions of Business of Travel Agencies and Travel Agents and amending and supplementing the Civil Code as amended, as well as other generally binding legal regulations of the Slovak Republic. It is also placed in a visible location accessible to the customer in accordance with § 18 par. 1 of Act No. 250/2007 Z.z. on Consumer Protection. In the event that the scope or quality of services is lower than agreed upon in the Tour Procurement Contract,

2. "Seller" is the company: ellma s.r.o. Vojtecha Tvrdého 783/4 01001 Žilina

3. "Buyer" is:

a consumer (a person who purchases goods for personal use or for the use of members of their household) and
a customer (natural and/or legal person – entrepreneurs): they acknowledge that warranty conditions (especially the warranty period) may differ from the warranty conditions for consumers, and relations between the Seller and the Buyer – entrepreneur are governed by the Commercial Code.

Right to file a complaint and method of execution

If a problem or defect occurs during the use or execution of ordered services, the consumer has the right to file a complaint for non-compliance with the consumer purchase contract immediately with the cottage manager or no later than 30 days after the end of the stay, in writing or by filling out a complaint protocol.

The customer is obliged to file a complaint in a timely manner and without undue delay so that the matter can be rectified, if possible, immediately on-site. Filing a complaint at the place where services are provided allows for the immediate removal of defects, as elapsed time complicates the provability and objectivity of assessment, and thus the possibility of proper handling of the complaint.

Place of filing a complaint

The buyer files the complaint in person at Chata vo Vyhnanej, or by mail at the address: complaints department ellma s.r.o. Vojtecha Tvrdého 783/4 01001 Žilina - or by email at info@chatavyhnana.sk with a detailed description of the defect, problem, and photo documentation.

Seller's Liability

When selling goods-services, the seller is liable for ensuring that the goods-services comply with the consumer purchase contract, i.e., that they have the quality and utility properties required by the contract, described by the seller, manufacturer, or their representative, or quality and utility properties standard for a thing of that kind, that it meets the requirements of legal regulations, is in the specified corresponding quantity, measure, quality, and corresponds to the purpose stated by the seller for the use of the thing or for which the thing is commonly used. If the goods have defects upon takeover by the consumer, they are in conflict with the consumer purchase contract.

The seller is not liable for non-compliance with the consumer purchase contract if the consumer caused the defect, service deficiency, etc., themselves.

Rights and Obligations of the Consumer

The customer is obliged to cooperate in the handling of the complaint, in particular: - providing required details, - offering information and explanations, - submitting documents proving the actual state. In case of service defects that the consumer applies immediately, they have the right to have removable defects rectified free of charge, properly, and in a timely manner, provided the complaint was justified. The seller is obliged to remove the defect without undue delay. Do not damage the good business reputation of the seller.

7) Alternative Dispute Resolution

Dear customer, we inform you that you can assert any of your rights and claims against us also within an alternative online dispute resolution framework. Online dispute resolution is provided by the European Commission and the Slovak online dispute resolution (ODR) contact point. Likewise, our claims against you can be asserted through the European platform. Utilizing alternative dispute resolution saves money and time, as your complaint will be handled within 90 days and without significant financial expenses.

When can I apply alternative dispute resolution:

In the event that the Buyer - consumer was not satisfied with the handling of the complaint by the Seller, or when the Buyer – consumer turned to the Seller with a request for remedy and was not satisfied with the way the Seller handled their complaint, or if they believe that the Seller violated their rights, the Buyer – consumer has the right to turn to the Seller with a request for remedy. If the Seller responds to such a request with a refusal or does not respond within 30 days from the day of its sending, the Buyer – consumer has the right to submit a proposal to initiate alternative dispute resolution to an alternative dispute resolution entity.

You can submit a complaint through the online dispute resolution platform (ODR) on the page http://ec.europa.eu/consumers/odr/index_en.htm or http://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi. An alternative dispute resolution entity is also the Association of Slovak Consumers (Združenie slovenských spotrebiteľov), Palisády 22, 811 06 Bratislava, email: zss@zss.sk, web: www.zss.sk.

This complaints policy becomes effective on 1. 1. 2020. Changes to the complaints policy are reserved.

The terms and conditions are valid from 01.01.2020 until revoked.
Information for buyers: in case of changes to the terms and conditions, the terms and conditions that were in force prior to the arrival date shall apply.