A summer holiday in a campsite or a luxury stay in a spa have one thing in common – an accommodation contract. This can concern you both as a traveller looking for accommodation and as an accommodation provider. So read on. You’ll learn how accommodation is defined by law, what the obligations of both parties are, and how to properly draft an accommodation contract.
Accommodation or temporary tenancy is created by an accommodation contract. It obliges the landlord to provide the occupant with temporary accommodation for a specified period of time in a facility designed for accommodation purposes. In turn, the lodger agrees to pay a predetermined amount for the accommodation and other services offered. The guest therefore acquires the right to use the accommodation and other services of the accommodation establishment. However, he/she shall not have the right to interfere in any way with the facilities and premises of the accommodation.
Accommodation is classified into 4 categories:
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As a landlord, you have obligations firstly to the resident and secondly to the state.
The landlord must allow the resident to use the premises that are reserved for accommodation. You must therefore give the guest access to and use of the room. The room must be in a condition that allows you to use it. It should therefore meet certain hygiene standards and have at least the standard facilities of a bed, bedside table, wardrobe, mirror and a fitted bathroom and toilet. Similarly, you must allow the guest to use common areas (such as shared bathrooms, common rooms or a common garden) and services that come with the accommodation.
The accommodation provider should also offer storage services for valuables – for example, electronics, money or jewellery. However, you can refuse this if the items are dangerous or if they are of too high a value. So if a resident wants to keep, say, a diamond the size of a small child or a gold bar, you can refuse.
If you want to become a landlord, you don’t need to get any licenses or training. This is called a “free trade”. To get this trade, you just need to register with the trade office. However, if you would like to add a hotel restaurant, for example, you will already need a trade licence for hospitality. For this you will already need a professional qualification and other special permits. Another option is to set up a limited liability company or a public limited company.
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Other obligations relate to taxes and fees. You will have to pay taxes annually as a business or legal entity. Depending on where you are staying, you will also have to pay local taxes on your stay and keep records of your guests.
If the rooms are equipped with a TV or radio, you will also have to pay concession fees or TV and radio fees. These are registered with Czech Television, where you pay 135 crowns per month for one receiver (one TV), and Czech Radio, where the fees are 45 crowns per month for one receiver. You will also have to pay royalties to the Copyright Protection Association (OSA). But first you will have to conclude a licence agreement with the OSA. The amount of the fees then depends on the accommodation capacity and the number of receivers.
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Finally, you are obliged to report your foreign guests to the police within 3 days of their arrival. In addition, you are also obliged to keep a house book with information about your foreign guests and the time of their stay. This book must be kept for at least 6 years from the last entry.
The host also has certain obligations towards the accommodation provider. As a guest, you are legally obliged to use the accommodation and services of the accommodation properly. You must not make any substantial changes to your accommodation.
However, there may be other obligations in the accommodation contract. For example, the landlord may set a night-time quiet time that the guest must observe. Often, the rules also apply to visitors to the accommodation. These may be completely forbidden or only allowed, for example, at certain times of the day or by prior agreement with the landlord.
Smoking, the use of narcotics or the possession of weapons or other dangerous objects may also be prohibited in the accommodation. You are also usually not allowed to use your own appliances in the accommodation (for example, a double boiler for making an omelette in the morning). Unless permitted, you must not bring pets into the property.
Last but not least, you are required to leave the property at the end of your stay and return your room in good condition – i.e. free of all your personal belongings, free of excessive clutter and undamaged. Otherwise, the landlord has the right to evict you at your expense.
The accommodation contract or temporary tenancy agreement should first of all specify what it covers – i.e. what accommodation it covers and for how long. It should set out the amount the lodger will have to pay for the accommodation, including the method and timing of payment. Where applicable, any additional amounts to be paid, for example for additional services. In addition, the specific rules of the accommodation should also be part of the contract. And overall, the contract should set out well the rights and obligations of both parties.
The accommodation contract can be terminated early and immediately by the landlord if the resident grossly breaches the obligations in the accommodation contract or good morals. However, a warning is required first. The accommodation provider may also terminate the contract early. However, if the landlord proves that the early termination of the contract has caused him damage which he could not have reversed, he is entitled to compensation from the landlord.
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The contract templates you can find for free download on the internet are often outdated and full of errors. In addition, each case is specific and this specificity needs to be correctly recorded in the accommodation contract, which a generic model contract will not provide. An incorrectly drafted contract can lead to its invalidity. For this reason, the best solution is to have a professional draw up the contract. If you contact us, you will get a flawlessly drafted contract and you will also get everything sorted out quickly and from the comfort of your own home.
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Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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