Terms and conditions

of

CPI Hotels, a.s.
identification number: 471 16 757
with registered office at Bečvářova 2081/14, Prague 100 00
registered in the Commercial Register at Prague Municipal Court, under file number B 1914 for the sale of gift vouchers or other types of vouchers via the website https://www.cpihotels.com/


1. General provisions

1.1. These terms and conditions (“Terms and Conditions”) of CPI Hotels, a.s., identification number 471 16 757, with registered office at Bečvářova 2081/14, Prague 100 00 and registered in the Commercial Register at Prague Municipal Court, under file number B 1914 (“CPI Hotels, a.s.”) stipulate the mutual rights and obligations established in connection with or based on an agreement concluded by CPI Hotels, a.s. and another person (“Buyer”) on the CPI Hotels, a.s. website at https://www.cpihotels.com/ (“Agreement”).

1.2. These Terms and Conditions form an integral part of the Agreement.

1.3. Provisions deviating from the Terms and Conditions may be agreed upon in individually concluded agreements. Such deviations agreed upon in individually concluded agreements have priority over the provisions of the Terms and Conditions.

1.4. CPI Hotels, a.s. reserves the right to unilaterally amend these Terms and Conditions. The date on which the Terms and Conditions become valid and take effect is specified in Article 9.6. These provisions are without prejudice to the rights and obligations established in the period in which the previous terms and conditions were in effect.

1.5. The Agreement is concluded in accordance with Czech law, especially Act No. 89/2012 Coll., the Civil Code, as amended. If the Buyer is a natural person acting outside of their business activities or their profession (i.e. when acting as a consumer), the Agreement shall be subject to Act No. 634/1992 Coll. on Consumer Protection, as amended, in those instances not specified in the Commercial Code.


2. Agreement

2.1. The subject of an Agreement is the sale of CPI Hotels, a..s gift vouchers via the website https://www.cpihotels.com/ (“Website”). A gift voucher is defined as any of the gift vouchers offered on the Website. The Website offers all of the gift vouchers available to purchase at a given time, including the prices of the individually offered gift vouchers. The prices of the offered gift vouchers are inclusive of value added tax under Act No. 235/2004 Coll. on Value Added Tax, as amended. The provisions hereof are without prejudice to Article 1.3 hereof concerning individually concluded agreements. 

2.2. The price of a gift voucher offered on the Website does not include any amount that may be charged for printing and delivering the voucher to the Buyer via registered mail incurred by CPI Hotels, a.s.; this amount is subject to a separate agreement between the Buyer and CPI Hotels, a.s. based on email communication with marketing@cpihotels.com

2.3. To order a gift voucher, the Buyer shall complete the order form on the Website, thereby providing the Buyer’s identification details: 

  • Buyer’s first and last name;
  • Buyer’s email address

(“Order”).

2.4. Prior to placing an Order and redirection to the payment gateway, the Buyer shall review their identification details sent to CPI Hotels, a.s. and ensure that all details are correct. The Buyer places an Order by clicking on the “Pay” button. CPI Hotels, a.s. considers the details provided by the Buyer in the Order to be accurate. CPI Hotels, a.s. shall confirm receipt and payment for an Order to the email address provided in the Order without any undue delay after receipt of the Order and its payment.

2.5. Prior to placing an Order, the Buyer shall tick the empty square box confirming they have reviewed the conditions for the processing of their personal data by CPI Hotels, a.s. (“Personal Data Processing Conditions”) and agree to them. The Buyer is properly notified of the current version of the Personal Data Processing Conditions and has an opportunity to review them prior to placing an Order. The Buyer may not place an Order without providing consent to the Personal Data Processing Conditions. The Personal Data Processing Conditions form an integral part of the Agreement.

2.6. Prior to placing an Order, the Buyer shall tick the empty square box confirming they have reviewed the Terms and Conditions and agree to them. The Buyer is properly notified of the current version of the Terms and Conditions and has an opportunity to review them prior to placing an Order. The Buyer may not place an Order without providing consent to the Terms and Conditions. The Terms and Conditions form an integral part of the Agreement.

2.7. The Agreement is concluded at the moment CPI Hotels, a.s. accepts the Order as confirmed by sending the gift voucher to the email provided by the Buyer under Article 2.3 herein. Delivery of the gift voucher under the terms hereof is considered acceptance of the Order.

2.8. The Buyer is aware that CPI Hotels, a.s. is not obliged to conclude any Agreement, especially with persons who have previously committed a material violation of any agreement concluded with CPI Hotels, a.s. or the Terms and Conditions.

2.9. The Buyer agrees to the use of means of long-distance communication for the purposes of concluding the Agreement. Costs incurred by the Buyer in using means of long-distance communication in connection with the conclusion of the Agreement do not deviate from the basic rates from providers of means of long-distance communication and are covered by the Buyer exclusively.

2.10. The Agreement is concluded in Czech and is archived by CPI Hotels, a.s. for the purposes of its successful execution. If the text of the Agreement is translated for the Buyer’s needs, the version of the Agreement in Czech takes priority in the event of any disputes. An Agreement may be made accessible to third parties exclusively under the prerequisites specified in the Personal Data Processing Conditions.


3. Price of a gift voucher and payment terms

3.1. The Buyer may pay the price for a gift voucher, sent via email completed according to Article 2.3. herein, to CPI Hotels, a.s.  using the following methods:

- non-cash online bankcard payment using the Česká spořitelna, a.s. payment gateway. This form of payment only accepts MasterCard, Maestro, VISA, VISA Electron and Diners Club International cards.

3.2. In the case of a separate agreement as specified in Article 2.2. herein, the Buyer shall pay the price of the gift voucher to CPI Hotels, a.s. per separate instructions provided by CPI Hotels, a.s., usually in the form of a non-cash transfer to a CPI Hotels, a.s. account, when such separate instructions contain these payment details.

3.3. Together with the price of the gift voucher, the Buyer shall pay CPI Hotels, a.s. any additional costs associated with delivery of the gift voucher if specified in a separate agreement under Article 2.2. herein. Unless specified otherwise, the price of the gift voucher is considered to include all costs associated with its delivery.

3.4. For the method of payment under Article 3.1. herein, the price of the gift voucher is due at the moment the Buyer is redirected to the payment gateway.

3.5. For the method of payment under Article 3.2 herein, the price of the gift voucher is due per the separate instructions provided by CPI Hotels, a.s. In such cases, CPI Hotels, a.s. is authorised to demand payment of the gift voucher prior to its physical mailing to the Buyer.

3.6. Claims involving payments completed using the method specified in Article 3.1. herein must be lodged with CPI Hotels, a.s. immediately, or within 20 days from the date of payment at the latest, specifically via email sent to marketing@cpihotels.com. CPI Hotels, a.s. shall share the statement from the payment gateway operator within 60 days from receipt of the claim. If the claim is legitimate, CPI Hotels, a.s. shall ensure implementation of corrective measures together with the payment gateway operator.

3.7. The procedure under Article 3.6. herein is applied if (i) a payment transaction is not completed, (ii) a payment transaction, which the Buyer did not authorise, is completed  or (iii) the amount paid by the Buyer using the payment system specified in Article 3.1 herein is not credited to the account of CPI Hotels, a.s.

3.8. In the event of a claim involving a payment under Article 3.1. herein, the Buyer commits and is obliged to provide CPI Hotels, a.s. with all cooperation necessary to resolve the claim and shall provide proof of payment for the transaction and other documents necessary to resolve the claim.

4. Place and time of delivery

4.1. A gift voucher is typically expedited upon payment under Article 3.1. herein without any undue delay to the Buyer's email address provided under Article 2.3. herein.

4.2. A gift voucher is typically expedited upon payment under Article 3.2. herein per the separate agreement between the Buyer and CPI Hotels, a.s., usually once the price of the gift voucher has been paid. 

4.3. CPI Hotels, a.s. and its commitment to deliver the gift voucher is fulfilled upon its expediting to the Buyer's email address provided under Article 2.3 herein. In the event of a separate procedure under Article 2.2. herein, CPI Hotels, a.s. and its commitment is fulfilled upon delivery under the individually agreed method of delivery at the agreed date and time.

4.4. If CPI Hotels, a.s. delivers a gift voucher per the separate procedure under Article 2.2. herein, CPI Hotels, a.s. is obliged to deliver such gift voucher to the agreed place and the Buyer is obliged to accept the gift voucher upon delivery or ensure it is accepted by a third party at the place of delivery at the agreed time of delivery (“Authorised Party”). If the Buyer or an Authorised Party fails to accept the gift voucher upon delivery for reasons attributable to the Buyer and delivery of the gift voucher must be repeated or performed in a manner other than originally agreed, the Buyer shall pay all costs associated with repeated delivery of the gift voucher or the costs associated with a different form of delivery.

4.5. If the Buyer or Authorised Party fails to accept the gift voucher on the third attempt at delivery, CPI Hotels, a.s. is authorised to withdraw from the Agreement. In the event of withdrawal from the Agreement as specified herein, the Buyer shall pay all costs incurred via delivery of such gift voucher. CPI Hotels, a.s. is authorised to arbitrarily set off these costs against any payment from the Buyer.

4.6. Upon receipt of the gift voucher from the delivering party, the Buyer or Authorised Party shall inspect the gift voucher envelope to ensure it is intact upon receipt from the delivering party, and the delivering party must be immediately informed if any defects appear. Any damage to the envelope indicating unauthorised interference in the envelope means the Buyer is not obliged to take delivery of the parcel from the delivering party.


5. Withdrawal from the Agreement

5.1.The Buyer, as a consumer, is aware that it may not, inter alia, withdraw from a service agreement if such agreement is executed with the express consent of the Buyer, as a consumer, prior to the deadline for withdrawal from the service agreement, under the provisions of §1837 of Act No. 89/2012 Coll., the Civil Code, as amended.

5.2. In cases not falling under Article 5.1 herein, the Buyer as a consumer has the right to withdraw from the Agreement within a term of 14 days, without having to provide a reason. The term under the first sentence above commences on the date the Agreement is concluded. Withdrawal from the Agreement must be sent to CPI Hotels, a.s. within the term specified in the first sentence herein, to the registered office of CPI Hotels, a.s. or the email address of CPI Hotels, a.s., specifically marketing@cpihotels.com.

5.3. The Agreement is annulled from the beginning upon withdrawal from the Agreement under Article 5.2 herein.

5.4. In the event of withdrawal from the Agreement under Article 5.2 herein, the Buyer will be refunded the price of the gift voucher within a term of 14 days from withdrawal from the Agreement, in the form of a non-cash transfer to the Buyer's account, which the Buyer is obliged to specify in the notice of withdrawal from the Agreement, which forms Annex 1 hereto.


6. Additional rights and obligations of CPI Hotels, a.s. and the Buyer

6. Additional rights and obligations of CPI Hotels, a.s. and the Buyer

6.1. The Buyer has the right to use the gift voucher upon payment of its full value.

6.2. The Buyer is aware that all parts of the Website are subject to copyright protection and commits to refrain from any activities that would permit it or a third party to use or interfere with any parts of the Website in an unauthorised manner.

6.3. In relation to the Buyer CPI Hotels, a.s. is not bound to any codes of conduct under the provisions of §1826 (1)(e) of Act No. 89/2012 Coll., the Commercial Code.

6.4. The Buyer is aware that CPI Hotels, a.s. has no liability for errors occurring as a result of third-party interference into the Website or as a result of unauthorised use of the Website.

6.5. All information concerning the processing of personal data is published at https://www.cpihotels.com/cs/gdpr and the Buyer consents to the processing of their person data prior to conclusion of the Agreement under Article 2.5. herein.


7. Gift voucher specifications

7.1. Each gift voucher is marked with a code that indicates the period of its validity.

7.2. A gift voucher is typically valid for a 12-month period from the date of issue.

7.3. A gift voucher may not be exchanged for money and has no cash value or value using any other similar means of payment (such as a cryptocurrency, etc.).

7.4. A gift voucher with a financial value may only be used once. No change (cash or other means of payment) may be given on application of a gift voucher, i.e. a gift voucher can only be redeemed in its full amount.

7.5. Prior to use of a gift voucher, the Buyer is obliged to reserve the requested service over the phone or via Email with CPI Hotels, a.s., using the phone number or Email provided on the gift voucher or, if such details are not provided on the gift voucher, then over the phone or via Email as specified on the websites of the individual hotels identified on the gift voucher.

7.6. The Buyer shall report the loss or theft of a gift voucher via Email as specified in Article 9.5 herein. After making such report per the previous sentence, CPI Hotels, a.s. shall issue the Buyer a duplicate gift voucher and void the lost gift voucher.

7.7. If a gift voucher is not used during its term of validity, it shall expire and the Buyer is not entitled to any compensation or replacement.

7.8. Claims involving services purchased with a gift voucher must be applied directly at the location where the gift voucher is used, i.e. at the individual CPI Hotels, a.s. facilities.

7.9. Claims involving the visual appearance of the gift voucher, erroneous text or exchange of a gift voucher shall be reported to CPI Hotels, a.s. via Email to marketing@cpihotels.com; the order number, the gift voucher code and the reason for the claim must all be provided.


8. Dispute resolution

8.1. The Buyer and CPI Hotels, a.s. commit to seek to amicably resolve any disputes arising hereunder or in connection herewith. If the Buyer and CPI Hotels, a.s. are unable to reach such amicable resolution to their dispute arising hereunder or in connection herewith, the dispute shall be resolved by the general Czech court with jurisdiction over the matter.

8.2. The Czech Trade Inspection Authority, with registered office at Štěpánská 567/15, 120 00 Prague, identification number 000 20 869, website: www.coi.cz.

8.3. The online dispute resolution platform at http://ec.europa.eu/consumers/odr may be used to resolve disputes arising under a service agreement concluded online between a Buyer residing in another European Union member state and CPI Hotels, a.s..

8.4. The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague, website: www.evropskyspotrebitel.cz is the contact point for online dispute resolution under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, whereby it only carries out the function under this regulation if the parties to the dispute do not have their habitual residence (registered office) in the same European Union member state.

9. Final provisions

9.1. If matters related to the use of the Website or legal arrangements based on the Agreement contain an international (foreign) component, then CPI Hotels, a.s. and the Buyer agree that their arrangements shall be subject to Czech legislation. This is without prejudice to the rights of the Buyer, as a consumer, under generally binding legislation.

9.2. If any provisions hereof are invalid or unenforceable, or become so in the future, such invalid provisions shall be replaced by other provisions that as closely as possible approximate such invalid provisions. The invalidity or unenforceability of such provisions is without prejudice to the validity of the remaining provisions hereof.

9.3. CPI Hotels, a.s. reserves the right to amend the contents hereof at any time and publish the updated version on the Website. The Terms and Conditions expire on the date subsequent terms and conditions become valid and effective.

9.4. The Agreement, including the Terms and Conditions, is archived by CPI Hotels, a.s. in electronic form and is not accessible.

9.5. Contact details for CPI Hotels, a.s.: 
CPI Hotels, a.s.
Vladislavova 1390/17
110 00 Prague 1
Email: marketing@cpihotels.com

9.6. The Terms and Conditions become valid and effective as of 4 November 2019.

Annexes:

Annex 1 – Notice of withdrawal from the purchase agreement