Classification methodology 2006-2009
Contents:
- Introduction
- Certification, the awarding of certificates, withdrawal and the resolution of disputes
- Definition of basic terms
- Legislation
- Definition of accommodation categories
- ČSN EN ISO terminology
- Classification of accommodation
- Classification of other types of accommodation
- Responsibility for damage to guests belongings
1. Introduction
On the basis of a resolution No. 717 of July 17, 1999 passed by the Czech government with support from the Czech Ministry for Regional Development and the Czech Tourist Authority – CzechTourism, the professional associations Czech National Federation of Hotels and Restaurants and HO.RE.KA.ČR, merged today into the Czech Association of Hotels and Restaurants and UNIHOST - An association of businesses involved in hospitality, restaurant and accommodation services have created an official standard classification of accommodation facilities in the Czech Republic - hotel, garni hotel, pension and motel categories for the period 2006—2009.
These professional associations, ever aware of their responsibility to promote the development of accommodation services, will strive to convince as many businesses as possible involved in the hotel and restaurant trade to apply for certification on a voluntary basis. Czech Tourist Authority – CzechTourism will give preference to those accommodation facilities that have undergone the certification process in its promotional activities.
The classification material serves purely as a recommendation; it helps place hotels, garni hotels, pensions and motels into the right categories according to minimal requirements, and aims to help consumers – guests and travel companies – find their way around what is on offer, improve transparency in the accommodation market and improve services provided by accommodation facilities. The standards listed are minimum requirements meaning that services or facilities of a higher standard than shown are required in the given class of accommodation. Classification does not constitute a general compulsory legal standard, and it is up to the individual accommodation provider whether he or she undergoes the certification process or not.
2. Certification, the awarding of certificates, withdrawal and the resolution of disputes
The award and renewal of certificates and classification symbols is carried out for its members and other businesses by the professional associations HO.RE.KA ČR - An association of businesses involved in hospitality and tourism, NFHR ČR - The Czech National Federation of Hotels and Restaurants and UNIHOST - An association of businesses involved in hospitality, restaurant and accommodation services. The classification symbols (stickers) are awarded for a period of four years starting from January 2006, and show the relevant year, the Czech Tourist Authority – CzechTourism logo, the category and classification. The certificate also bears the names and logos of the 3 awarding professional associations, signatures of their representatives, the logo of the Ministry for Regional Development, the name of the accommodation facility and the location. Any disputes which may arise are resolved by the classification committee. Investigations and checks are carried out by the professional association that awarded the given accommodation facility the certificate and classification symbol.
3. Definition of basic terms
The term ‘classification’ is used to signify the minimum requirements for a given standard of accommodation facility.
The terms ‘standard’ and ‘standardisation’ are used to mean the general requirements for services and facilities.
‘Categorisation’ means the process by which the accommodation facility is put into a certain category (hotel, pension etc).
‘Certification’ is the process of awarding certificates and classification symbols according to the official standard classification of accommodation facilities in the Czech Republic - hotel, garni hotel, pension and motel categories.
4. Legislation
N.B. As the material used to classify accommodation facilities is valid for four years, it is recommended that the following laws are subsequently checked to ascertain whether they are still in force.
Trading law No. 455/1991 Sb. and amendment No. 356/1999 Sb of December 9, 1999 sets out the following responsibilities for accommodation facility operators.
Premises used for the sale of goods or the provision of services must bear a permanent sign outside providing the following information:
a) the full name of the person responsible for the premises
b) the opening hours for consumers if the premises are not a stand or kiosk
c) the category and class of accommodation facility providing temporary accommodation
*Regulation No. 137/1998 Sb on general technical requirements for construction.
The Ministry for Regional Development in its regulations No. 137/1998 Sb appertaining to accommodation facilities newly built, approved or re-approved after July 1, 1998 on general technical requirements for construction dating from June 9, 1998 states:
§ 1 Subject of the regulations
The regulations set out the basic requirements for technical solutions for buildings and for technical solutions for the use of buildings. These matters are within the remit of local planning authorities and other local bodies according to § 117, 118, 119, 123 and 124 of the law governing building regulations.
§ 2 Where these regulations apply
(1) These regulations are to be used when producing planning documentation and when designing, positioning, authorising, registering, constructing, approving, using and demolishing buildings, and when these activities are being checked by state bodies.
(2) This regulations should also be adhered to when alteration work and maintenance is carried out, when changes are made in the use of the building, when dealing with temporary structures on building sites and extensions, cultural monuments (law No. 20/1987 Sb. on state care of national monuments and later regulations) when serious issues with the land or building rule this out.
(3) The requirements set out in parts 1—3 of these regulations are valid for all types of building in accordance with § 1, if not stated otherwise in part 4.
§ 3
For the purposes of these regulations the following applies:
Paragraph g) A building housing an accommodation facility is a building or part thereof where the public is provided with temporary accommodation and associated services. An accommodation facility is not a block of flats, a house or a building for individual leisure purposes. Accommodation facilities are ranked according to category and according to classes on the basis of space and facilities. Stars are used to indicate the class of accommodation facility.
- A hotel is an accommodation facility with at least 10 guestrooms equipped for temporary accommodation and providing services associated with guests’ stay (restaurant facilities in particular). These are divided into five categories. Garni hotels only have limited restaurant facilities (they provide breakfast at the very least) and are divided into four classes.
- A motel is an accommodation facility with at least 10 guestrooms equipped for temporary accommodation and providing services for motorists. These are divided into four classes.
- A pension is an accommodation facility with at least 5 guestrooms and a limited range of services. It should, however, provide accommodation comparable with a hotel. These are divided into 4 classes.
- Other types of accommodation: these are campsites, chalet colonies and cultural and historical buildings used as temporary accommodation.
Paragraph h) An accommodation unit is an individual room or set of rooms which have the necessary layout and facilities so as to fulfil all the requirements for temporary accommodation and are intended for use as such.
Paragraph n) A public room is a space or room which has the right location, size and layout for people to spend time there (e.g. offices, workshops, doctors’ surgeries, classrooms, rooms in healthcare facilities, hotel and guesthouse rooms, halls for various purposes, cinemas, theatres and other cultural venues, rooms intended for leisure time activities).
Part 4 – special requirements for selected types of building § 53 Accommodation facilities
(1) The entrance to the building must enable guests to check in and out with ease.
(2) Guestroom ceilings must be at least 2600mm high. In a room where part of the space is below a slanting ceiling (i.e. in an attic space), the area of the room only includes those parts where the ceiling height is 1600mm or over. The part of a room with a slanting roof can only constitute up to 30% of the total area of the room.
(3) The entrance hall must be at least 900mm wide. Rooms intended for guests with disabilities must have an entrance hall 1500mm wide and 2200mm long. The minimum width of corridors used by guests is 1500mm, and the minimum width of staircases used by guests is 1100mm. The minimum width of corridors used by staff is 1200mm, and the minimum width of staircases used by staff is 1100mm. Staff and guest corridors and staircases must not cross each others’ path.
(4) The minimum area of guestrooms according to class of accommodation facility:
a) 8m2 for single rooms, 12.6m2 for double rooms (one and two star establishments)
b) 9.5m2 for single rooms, 13.3m2 for double rooms (three star establishments)
c) 11.4m2 for single rooms, 13.3m2 for double rooms (four star establishments)
d) 12m2 for single rooms, 16m2 for double rooms (five star establishments)
When a room in a one to three star establishment has more than two beds, each extra bed requires 5m2 more floor space.
(5) Bathrooms in guestrooms must have an area of at least 4m2
(6) Rooms in accommodation facilities in the three to five star classes must have bathrooms with access directly from the entrance hall. Other accommodation facilities must have at least a washbasin with running water in the room. In this case each floor and at least every ten rooms must have access to a bathroom with bath or shower and a washbasin as well as male and female toilets with an entrance hall and washbasin.
(7) An accommodation facility with more than two floors above ground must be equipped with a lift. Accommodation facilities with more than three floors above ground must be equipped lifts which can be used to evacuate guests in an emergency.
(8) In those parts of the accommodation facility used as restaurants and for social and cultural events, there must be separate male and female toilets with an entrance hall and washbasin. One of the toilet cubicles must be designed for use by wheelchair users. This requires the following facilities:
a) For women: one toilet for every ten women and one extra toilet for every 20 further women.
b) For men: one toilet or urinal for every ten men and one extra toilet or urinal for every further 40 men.
(9) Paragraph eight applies to all public restaurants.
(10) Toilet Facilities in those parts of accommodation facilities mentioned in paragraph eight and in all public restaurants must also be equipped with an extractor fan which must be in operation the entire time the restaurant is open.
(11) Every accommodation facility must be connected to the public telephone network. Accommodation facilities with more than 100 guestrooms must have a PA system to enable the building to be evacuated. Accommodation facilities for more than 100 guests must have an electric fire alert system and a PA system which cannot be switched off. Accommodation facilities for more than 30 guests must have a fire alarm. If guestrooms are situated higher than 30m above the first floor above ground, they must be equipped with automatic fire extinguishers (sprinkler system).
(12) Fire safety in accommodation facilities is governed by fire regulations. In buildings or parts thereof which contain accommodation facilities, each room must form an independent fire unit, the construction, layout and facilities of which must comply with fire regulations (i.e. fire protection of building framework, quality of floor coverings).
(13) Accommodation facilities can have a maximum of eight floors above ground, if the weight-bearing and fire protection framework is made of a mixture of materials, and three floors if the weight-bearing and fire protection framework is made of a flammable material. There is no limit to the number of floors a facility can have if the weight-bearing and fire protection framework is made of a non-flammable material.
(14) Every accommodation facility must have an evacuation plan and escape routes, the type, layout and equipment of which must comply with fire regulations ( i.e. as regards fire units, fire risk and the type of floor coverings used).
(15) All escape routes must be equipped with emergency lighting and be clearly marked.
(16) Ventilation shafts must be made of non-flammable materials. Ventilation shafts leading from the part of the building used for accommodation must not be connected to the ventilation equipment in the kitchen.
(17) Paragraphs 1 – 16 apply in full to hotels, motels and pensions. At other accommodation facilities these measures should be applied where appropriate.
The Ministry for Regional Development in its set of regulations No. 369/2001 Sb. of October 10, 2001 relating to accommodation facilities newly-built, approved or re-approved after December 15 2001 on technical requirements enabling buildings to be used by the disabled states:
§ 1 Where these regulations apply
(1) These regulations are to be used when producing planning documentation and when designing, positioning, authorising, registering, constructing and approving new buildings.
c) Applies to public facilities in the part of a building intended for use by the public.
§ 2 Definition of basic terms
For the purposes of these regulations the following applies:
a) public facilities in a building for…
means
10. accommodation facilities used for tourism (i.e. hotels, pensions, motels, hikers dormitories).
§ 4
(2) Access to buildings mentioned in § 1, paragraph 1 c), e) and f) for the visually impaired must be marked out with lines or using sound.
§ 5
(2) All car parks must have at least the following number of bays for vehicles belonging to disabled guests:
- one bay when there are less than 20 bays
- two bays when there are between 20 and 40 bays
- 5% of all bays when the number of bays exceeds 40. The number of disabled bays in this case is always rounded up to the nearest whole number.
Disabled parking bays must be arranged according to point 3.1, appendix 1 of these regulations and marked with the international access symbol according to point 1, appendix 2 of these regulations. There must also be disabled access to these bays from the pavement.
§ 11 interior corridors and facilities
(1) Access to the part a facility in a building intended for use by the public must be arranged according to § 6 paragraph 1.
(2) When alterations take place to buildings with at least two floors not equipped with a lift or ramp, and a lift or ramp cannot be installed for technical reasons, the disabled must be able to use at least the floor where the entrance is situated. If the way the building has been constructed does not allow this, disabled people can use a goods lift modified for this purpose in order to give them access. In buildings with lifts the disabled must have access to all floors intended for use by the public.
(3) Basic information graphics to aid members of the public find their way round public facilities according to § 2 a) points 1 – 4 and 6 – 10 must be clearly visible and use illuminated signs and pictograms.
§ 12 Other spaces
(1) In a building where the bathrooms and toilets are intended for public use, every such facility must have at least one cubicle for men and one cubicle for women arranged in accordance with the requirements set out in 2.4 of appendix No. 1 of these regulations. When alterations are made to a building one cubicle for both sexes that fulfils the afore-mentioned requirements can be created with access directly from the corridor. Should this not be possible for any reason, in exceptional cases the cubicle can be accessible from the women’s section. The cubicle does not have to have an entrance hall when it is not accessed from a space where people can spend time or be accommodated.
(3) Buildings intended for use by the public must be designed and constructed in such a way so as to enable them to be used by the disabled. In particular there must be disabled access to at least one cash desk or to a lowered counter, to showers, toilet facilities and to sports grounds when creating the necessary information systems.
(4) In buildings used for the purposes of accommodation for tourists and as dormitories with more than ten rooms at least the following number of rooms comply with appendices No. 1 and 3 of these regulations.
- one room of a total up to one hundred
- 1% of rooms of a total over one hundred. This figure must be rounded up to the nearest whole number.
A Braille sign marking unisex toilet facilities must be placed near the door handle 1500mm above floor level.
(5) Spaces and equipment listed in paragraphs 1 – 4 must bear the international disabled access symbol in accordance with point 1 of appendix No. 2 of these regulations. A plan of the building must be placed in a suitable place with marked access.
§ 13
In cases involving building regulations which have not ended by the day these regulations come into force, and when approving and inspecting buildings during cases begun before the day these regulations come into force, the current building regulations will be used to judge whether the building meets the technical requirements for use by the disabled.
5. Definition of accommodation categories
1. A hotel is an accommodation facility with at least 10 guestrooms equipped for temporary accommodation and providing services associated with guests’ stay (restaurant facilities in particular). These are divided into five classes. Garni hotels only have limited restaurant facilities (they provide breakfast at the very least) and are divided into four classes.
2. A motel is an accommodation facility with at least 10 guestrooms equipped for temporary accommodation and providing services for motorists in particular. These are divided into four classes.
3. A pension is an accommodation facility with at least 5 guestrooms and a limited range of services. These are divided into four classes.
4. Other types of accommodation:
- campsites
- chalet colonies
- walkers dormitories
- ‘botels’ (boat hotels)
5. An annex is a building belonging to an accommodation facility without its own reception but run by the main facility which provides the annex with the full range of services according to the relevant category and class of accommodation. The annex must not be more than 500m away from the main building.
6. ČSN EN ISO terminology
ČSN EN ISO 13809 (Czech State Norm) – travel agents and tour operators – Definition of selected terms:
Transfer – transport from one place providing tourist services to another place. This could mark the end of those services or the beginning of further services.
Option – a contract between a provider of tourist services and the client on certain services which will be available if a reservation is made by a certain date.
Cancellation by the client – cancellation of the trip or other tourist services before those services are used (the terms and conditions of the contract regarding travel, accommodation and transfers usually contain information on cancellation times and fees).
Cancellation fee – Costs incurred by the client when he or she cancels travel (N.B. also generally applied to tourist services)
No-show – when a client fails to appear and does not use the services he or she has ordered.
Cancellation by the provider of tourist services – When the provider of tourist services reneges on the contract before services have been provided.
Single supplement – a fee paid by the client when he or she books a single room.
Season – A period of time (e.g. high season, shoulder season or off season) when prices can change according to demand for tourist services.
Deposit – a down payment on tourist services paid by the client.
Remainder – The difference between the deposit and the total price of the tourist service.
ČSN EN ISO 18513 (Czech State Norms) tourist services – hotels and other categories of tourist accommodation – definitions:
Types of room:
- Single room: a room with a bed for one person
- Double room: a room with two beds in the form of a double bed or two beds positioned next to each other.
- Twin room: a room with two separate beds.
- Triple room etc: a room with three beds or more.
- Family room: a room with three or more beds, at least two of which are suitable for adult guests.
- Shared room: a room with three beds or more for people who can, but don’t necessarily have to, belong to the same group.
- Junior suite: accommodation with a special seating area in one of the rooms.
- Suite: accommodation in a set of interconnected rooms with a bedroom, and sitting room.
- Apartment: accommodation with a separate bedroom, sitting room and kitchen.
- Studio: accommodation in a room with a kitchen.
- Interconnected rooms: separate rooms with beds, linked by a door.
- Duplex: accommodation on more than one floor accessible via private stairways.
Room rates:
- Without breakfast: the price of the room does not include any food or drink.
- With breakfast: the price of the room includes breakfast.
- Half board: the price of the room includes breakfast and lunch or dinner.
- Full board: the price of the room includes breakfast, lunch and dinner.
- All inclusive: the price of the room includes accommodation, food and selected drinks and the use of set facilities.
Selected types of bed:
- Double bed: a bed for two people with one or two mattresses.
- Children’s bed: a bed with high sides for babies and small children.
Food and drink:
- Continental breakfast: breakfast which includes at least bread, butter, marmalade or jam and a hot drink.
- Full breakfast: continental breakfast with a larger selection of bread, marmalade or jam, cold drinks and cheeses or cold meats.
- Buffet breakfast: self-service buffet with a range of foods at least as wide as the full breakfast.
- English breakfast: the full breakfast with extra hot and cold dishes. N.B. In some countries this is sometimes called a ‘full’ or ‘American’ breakfast.
Other services:
- Disabled facilities – special needs for the disabled
- Luggage room – a special room where guests can store their luggage.
Facilities for guests:
- TV room – a communal room or space where guests can watch TV or videos.
- Reading room – a communal room or space for guests specially set aside for reading.
- Lounge – a communal room or space set aside as a place for guests to sit.
- Library – a communal room or space where books and other publications are available for guests to borrow or read.
- Games room – a communal room or space with a selection for games for guests.
- Day creche – a special room or space where children are looked after by a professional carer.
- Children’s room – a communal room or space with equipment and facilities for keeping children entertained.
- Swimming pool – indoor or outdoor pool for swimming – does not necessarily have to be heated.
- Whirlpool bath – a bath equipped with whirlpool technology.
- Sauna – a wooden cubicle filled with hot, dry air.
- Steam bath – a room or cubicle filled with hot steam.
- Solarium – a place for sunbathing using natural or artificial light
- Gym – a communal room or space equipped for exercise; this does not necessarily have to be supervised.
7. Classification of accommodation
* Tourist
** Economy
*** Standard
**** First Class
***** Luxury
Accommodation facilities in the garni hotel, motel and annex categories can be awarded a maximum of four stars.
8. Classification of other types of accommodation
The classification of other types of accommodation is set out in a document called ‘Recommendations on the basic indicators for providing accommodation services in private residences, campsites, chalet colonies and hikers’ dormitories’ while taking into account that:
- The union of businesses involved in green and agro-tourism is responsible for accommodation in private residences.
- The association of campsites and chalet colonies is responsible for the campsite and chalet colony category.
- The Czech Hikers Club is responsible for the hikers’ dormitory category.
9. Responsibility for damage to guests belongings
Responsibility is dealt with by § 433 an of the Civil Code.
The first paragraph relates to accommodation facilities – hotels, pensions, guesthouses, workers dormitories etc. The operators of such establishments (not necessarily the owners) are responsible for damage to items brought onto the premises by or for guests. These are items brought into the part of the facility set aside for accommodation, left in a special storage space or handed to the operator or an employee for safekeeping.
The second paragraph concerns restaurants and alike (as well as swimming pools, theatres, cinemas etc). Here the law deals with items left for safekeeping. If the operation of such a premises (see above) requires guests to leave items for safekeeping, the operators of those premises bear full responsibility for damage to those items left in spaces usually set aside for this purpose. These places are usually coat rails etc. If there is no coat rail or the coat rail is full, it can come as no surprise that the operator is still responsible for items hung on chairs and in other places. In practice, the courts have in many cases preferred this wider definition of a place items can be left for safekeeping.
In the case of damage in the previous two paragraphs, the cost of the actual damage is paid and this is not limited by the cost of the item (so be careful with fur coats!). It is simply not possible to escape responsibility with a unilateral declaration or agreement. In practice this means that signs declaring ‘Items left at owner’s risk’ have no legal validity.
The situation is different if the items are jewellery, money or other valuables. In this case, regulation No. 258/1995 Sb. states that liability for damages is limited to 5,000Kč. This limit is applied to all the items in total, not to each individual item. Garage operators have the same responsibilities as the operators of accommodation facilities. The situation is different again when the items have been kept in a left luggage room or other depository. Here the level of compensation is not limited. Compensation must be paid for money left in pockets, rings left in handbags etc. The position of the Czech High Court (Rc 1/85, Document NS Cpj. 11/83 – Sb. s.r.o. 85, 2 – 3 : 79) is that when leaving an item in a cloakroom for a fee, in effect a contract is entered into. This means that the operator of the cloakroom bears unlimited responsibility for those items. This cannot be affected by the fact that the guest used the cloakroom operated by Mr X in order to visit a restaurant operated by Mr Y.