These General Contract Condizions (hereinafter: GCC) regulate the content of the contracts entered into by the Hotelier with the Contractor/Guest concluded via email, fax or ordinary mail. This is without prejudice to the possibility of stipulating specific agreements (Online Booking system), being always understood these GCC.
We invite you to carefully read the following terms and conditions which govern the service. The Hotelier reserves the right to change the terms and conditions without notice, when such changes are necessary due to market changes, regulatory developments or variations in the provision of the service. The use of the services provided before, during and after the stay entails acceptance of these GCC.
Each purchase transaction is governed by the provisions of articles 50 – 68 of Legislative Decree 6 September 2005 n. 206 “The Consumers’ Code” and subsequent amendments regarding distance contracts, without prejudice to the possibility of stipulating specific agreements, where possible, being always understood these GCC.
The Art. 47 of Legislative Decree 6 September 2005 n. 206 and subsequent amendments, ” The Consumers’ Code “, expressly excludes the applicability of the regulation of contracts concluded outside commercial premises, of distance contracts and of the related right of withdrawal to contracts that fall within the scope of application of the regulation concerning travel, holidays and “all inclusive” circuits, referred to in articles 32 to 51 of the legislative decree of 23 May 2011, n. 79 and to passenger transport service contracts.
These GCC regulate the reciprocal rights and obligations of the relationship between the Hotel Company and the Guest and/or the Contractor established with the hotel contract. These GCC do not preclude particular agreements stipulated between the Hotel Company and the Guest and/or the Contractor, which in case of doubt take precedence. Special agreements must in any case be stipulated in written form.
The Guest and/or the Contractor are required to carefully read these GCC and must pay particular attention to the individual provisions.
Art. 1 (Terms)
1.1. “Hotelier” or “Hotel Company” is a natural and/or legal person, a company or an entity that provides accommodation to guests for a fee.
1.2. “Contractor” is a natural and/or legal person, a company or an entity, which stipulates a hotel contract as a guest and/or as a representative, agent, intermediary or in any form on behalf of the guest.
1.3. “Guest” is a natural person who uses the accommodation. If the Guest is not also the Contractor at the same time (e.g. travel companion, etc.), these GCC are applied by analogy.
1.4. “Hotel contract” is the contract stipulated between the Hotelier, the Contractor and/or the Guest, the content of which is defined by these GCC.
Art. 2 (Order/Reservation) The Contractor and/or the Guest who intends to use the services provided by the Hotelier before, during and after the date of stay expressly accepts these GCC.
2.1. Upon placing the order/booking, the Contractor declares, in the case of implementation of the hotel contract, to accept these GCC for himself and also for any additional Guests and also declares to be authorized to accept these GCC by the Guests for with whom the hotel contract is stipulated.
2.2. The offer drawn up by the hotel company is valid for 1 (one) day, unless expressly longer. Once this deadline has expired, the offer will no longer be valid and therefore availability and the indicated price cannot be guaranteed.
2.3. The Hotelier undertakes to confirm the booking in writing by sending the Contractor a booking confirmation (indicating the period of stay, the services booked and the total price) by e-mail, fax or post to the address indicated by the Contractor.
2.4 The Contractor is required to carefully check the booking confirmation and to immediately contact the Hotelier in the event of its alleged incorrectness or incompleteness.
Art. 3 (Completion of the contract)
3.1. The hotel contract is concluded with the acceptance of the Contractor’s booking by the Hotelier, i.e. with the transmission of the booking confirmation referred to in point 2.3.
3.2. The Hotelier reserves the right to stipulate the hotel contract on the condition that the Contractor pays a deposit pursuant to art. 1385 c.c. In this case the Hotelier is required to inform the Contractor of the deposit required before accepting the booking. If the Contractor declares – in writing or verbally – his agreement on the deposit, the hotel contract is concluded when the deposit is collected by the Hotelier.
3.3. The deposit must be understood as a partial payment of the agreed fee.
3.4. If the payment of the deposit has not been made within the deadlines required for confirmation of the booking, the proposal made must be considered revoked.
Art. 4 (Price of the stay)
4.1. The indicated room prices are per person per day unless otherwise agreed.
4.2. Prices for any additional services (wellness, sporting activities, excursions, etc.) will be indicated by the hotelier in a separate price list.
Art. 5 (Start and end of the stay)
5.1. Unless a different time has been agreed, the Guest has the right to occupy the booked premises from 2.00 pm on the day of arrival.
5.2. The occupied rooms must be vacated by the Guest by 10.00 am on the day of departure. The Hotelier is authorised, if the premises are not vacated within the deadline and unless otherwise agreed between the parties, to charge the amount for an additional day of stay.
Art. 6 (Changes to reservations made; extension of stay; early departure)
6.1. In the event that the Contractor intends to modify the booking already confirmed, the relevant request must be received by the Hotelier in writing.
6.2. The Hotelier reserves the right to accept or refuse the change to the booking based on the availability of accommodation. In any case, the modification of the booking will be considered as a withdrawal from the original hotel contract and will consequently represent the stipulation of a new contract, with all consequent related rights.
6.3. In the event of modification of the Contract, the Hotelier reserves the right to request cancellation charges pursuant to these GCC.
6.4. If the Hotelier decides to assert the right referred to in point 6.3. above, he must communicate this intention to the Contractor before signing the modification to the booking.
6.5. The Contractor cannot expect his stay to be extended, but the Hotelier has the right to accept or refuse the Contractor’s request based on the availability of the rooms and his own organizational needs.
6.6. In the event that the Contractor communicates his desire to extend his stay in good time, the Hotelier may grant the extension of the Hotel Contract specifying the conditions to be applied and the prices requested.
6.7. If the Contractor is unable to leave the hotel on the established departure date, because due to extraordinary and unforeseeable circumstances of force majeure (e.g. floods, etc.) all possibilities of traveling are precluded, the Hotel Contract, where there and availability of accommodation, must be considered automatically extended for the entire duration of the impediment. The Hotelier is authorized to request the amount not less than that agreed upon with the original booking.
6.8. If the Guest were to leave early, he will still be required to pay the balance of the estimated cost for the entire duration of the stay. This without any deduction for any services not used.
Art. 7 (Withdrawal from the hotel contract – Cancellation charge)
7.1. The deposit previously paid by the Contractor, in the event of cancellation of the reservation by the Contractor, is retained by the Hotelier in accordance with the provisions of ” The Consumers’ Code “, which excludes the right of withdrawal for hotel contracts.
7.2. If the Guest does not show up by 6.00 pm on the agreed arrival day, the Hotelier has the right to withdraw from the contract established with the Contractor and make the accommodation or accommodations booked by the Contractor available again, unless a later arrival time has not been agreed upon.
Art. 8 (Rights and obligations of the Contractor and the Guest)
8.1. With the signing of the hotel contract, the Contractor/Guest acquires the right to the usual use of the premises covered by the contract, of the common facilities of the host hotel, made available to the Guests without specific conditions, and of the regular service. The Guest has the right to exercise their rights in compliance with all the directives and regulations of the structure. In particular, the Guest is required to use the swimming pool, solarium, sun loungers etc. in compliance with the regulations within the structure and/or in the specific areas of use.
8.2. The Contractor and/or the Guest is required, at the latest upon departure, to pay the agreed fee as well as any additional amounts connected to further services/performances, not included in the booking, which he and/or have used. the guests who accompanied him.
8.3. The Hotelier is not required to accept means of payment in foreign currencies. If the Hotelier accepts foreign currencies or non-cash payments, the costs associated with the respective payment method will be borne by the Contractor.
8.4. If the Guest refuses to pay the amount including additional services purchased on site, the hotel has the right of retention and lien on the Guest’s belongings found in the hotel. The aforementioned rights of retention and pledge are also valid as a guarantee for any compensation of any kind.
Art. 9 (Rights and obligations of the hotelier)
9.1. The Hotelier is required to provide the agreed services and services.
9.2. The Hotelier has the right to make available to the Contractor, respectively the Guest, adequate replacement accommodation (of equal quality), if this is acceptable to the Contractor, and in particular when the difference is minimal and justified.
9.3. The justification is to be considered acceptable pursuant to point 9.2., by way of example and without limitation, when the premises covered by the contract have become unusable, when other guests occupying the premises in question extend their stay, in cases of overbooking or other relevant needs of the hotel that require this decision.
9.4. If replacement accommodation is made available to the Guest, pursuant to the previous points 9.2. and 9.3., any additional costs connected to the replacement accommodation will be borne by the Hotelier.
9.5. In the event that the Guest requests room service outside the established times, the Hotelier has the right to accept or refuse such a request, based on your organizational needs and staff availability.
9.6. The Guest who requests the Hotelier to be able to use products and/or services, subject to a supplement, that the Hotelier makes available to his Guests (including room service) without having been informed in advance of the relative prices, tacitly accepts the price conditions established by the Hotelier in the price list. The Hotelier also has the right to accept or refuse this request based on its availability in terms of resources and personnel.
9.7. In the event of illness of the Guest during the stay, the Hotelier has the right to be compensated by the Guest or his heirs, in the following cases: reimbursement of medical costs not yet paid by the Guest; for disinfection costs if it has been prescribed; costs for material that can no longer be used such as linen, sheets, beds, etc., things that will be handed over to the heirs, or for the costs of disinfecting said objects; costs for restoring walls, furnishings, carpets, etc., if these have been soiled or damaged due to the illness; rental costs of the room in the event that it was not usable in connection with the case of illness or death (minimum three, maximum seven days).
9.8. Pursuant to art. 2760 c.c. the Hotelier’s credits for goods, services and supplies towards the people staying in the hotel have priority over the things brought by them into the hotel and the annexes, provided that they continue to be found there. The Hotelier therefore reserves the right to request seizure for said things, should the Contractor and/or the Guest refuse to pay the fee or should be in arrears in payments.
Art. 10 (Things brought to the hotel and things delivered)
10.1. The Hotelier is responsible for damages suffered by the Guest if the damage occurred on the premises of the structure and the same or its employees are responsible for it.
10.2. The Hotelier is liable for things introduced into the premises by the Guest limited to the maximum amount equivalent to one hundred times the rental price per day if and insofar as he is unable to demonstrate that the damage was not caused by him, by his employees or by people who frequent your business. In this context he is responsible, up to the maximum limit mentioned, for deterioration, destruction or theft of things, valuables, money and credit instruments.
10.3. In the case of a double room, if there is only one injured party, the compensation limit will be equal to one hundred times half the price of the room.
10.4. The Hotelier is, however, not responsible when damage or theft occurs due to the customer’s actions, force majeure or the nature of the matter.
10.5. Storage of objects may be refused if they are dangerous (i.e. potentially capable of causing damage), too bulky or of excessive value compared to the value of the stay.
10.6. The things are considered introduced into the structure when they are taken over by a member of the hospitality establishment’s staff or are taken to a place, within the accommodation establishment, intended for their safekeeping. The Guest must report the fact without unjustified delay to the management of the facility in order not to lose the right to compensation (art. 1785 ter of the Civil Code).
10.7. The Hotelier may require that the item delivered to him be contained in a closed or sealed package.
Art. 11 (Pets)
11.1. It is permitted to bring small pets to the hotel only with the prior authorization of the Hotelier and, if necessary, for a specific fee.
11.2. The Guest who brings a pet with him is required to duly look after the brought pet during his stay.
11.3. The Guest is responsible for the health of the pet and guarantees that it has the necessary veterinary checks.
11.4. The Guest is liable to the hotelier for the damage caused by the pet. In particular, damage must also include any compensation that the Hotelier must pay to third parties.
11.5. Animals are not allowed in all those areas within which they are not specifically permitted. It is the Guest’s duty to inform themselves in advance about the permitted and prohibited areas and to comply with the posted regulations and the instructions provided by the staff in charge.
11.6. Basket and blanket for the pet are the responsibility of the Guest.
Art. 12 (Termination of the contract)
12.1. The hotelier may terminate the contract with immediate effect, while still having the right to request the entire agreed price, in the event that the Guest: uses the premises with serious damage to the property or makes coexistence with other guests intolerable by behaving in an overbearing, disrespectful, scandalous or in any case inconsiderate manner or is guilty of actions or omissions against the provider of accommodation services, the staff , the other Guests and/or people who are in the Hotel, punished by law as a crime and which have as their object, property rights, morality and physical integrity; in the event that he is suffering from a contagious disease or an illness whose course exceeds the agreed period of stay or in the event that special care is necessary.
12.2. If the fulfillment of the contract is impossible due to events of force majeure (e.g. natural disaster, strike, lockout, official provisions, etc.), the Hotelier may terminate it at any time without notice, if the contract is not already intended for law dissolved, or the hotel has not already been released from its obligation. Any right to compensation for damages etc. is excluded. by the Hotelier.
Art. 13. (Maintenance)
13.1. The Hotelier reserves the right to make changes to the organization and structures during the period of opening to the public. As part of the necessary maintenance activities, the Guest will agree, without claiming reimbursement rights, to have work carried out on the accommodation or hotel facilities during the period of their stay there.
Article 14 (Force Majeure)
14.1. With the exception of the cases expressly contemplated by these GCC, the Hotelier is not responsible for any damage suffered by the Guest in the event that the complete or partial use of the hotel services is limited due to the occurrence of causes of “force majeure”.
14.2. By “force majeure” we mean any event that cannot be foreseen or avoided – using the normal diligence of a good family man – by the Hotelier. By way of example only: events of war or similar, riots, civil wars, terrorist attacks, natural disasters, nuclear accidents, fires, adverse weather conditions, interruptions of communication routes, interruptions in the supply of electricity, gas and water services attributable to the Hotelier, strikes or any other event beyond the control of the Hotelier.
Art. 15 (Regulations to protect health)
15.1. Smoking is prohibited in the room and in the indoor common areas. It is possible to smoke in the external areas by using the appropriate containers and taking care not to disturb other guests.
15.2. The use of the spaces and common areas inside the structure (pool-solarium area, gazebo area, parking area) is permitted within the limits and in the manner established by the internal provisions of which the Guest is required to view by consulting the Guest Book in the room and the specific information tables posted in the aforementioned areas and/or requesting specific clarifications at the reception.
15.3. The Guest is required to comply with the health protection regulations established by the Hotelier.
15.4. It is the Guest’s obligation to comply with the rules on health protection established by the institutional authorities at national, regional, provincial and municipal level.
15.5. Failure to comply with these rules entitles the Hotelier to the immediate termination of the hotel contract and, consequently, the Guest will be asked to leave the structure immediately.
15.6. If the Guest, for any reason, is unable to observe any of the aforementioned health protection rules, it is his or her duty to immediately notify the reception.
Art. 16 (Applicable law; Competent court)
16.1. This contract is subject exclusively to formal and material Italian law, in particular with the exclusion of the provisions of private international law and the United Nations Convention on Contracts for the International Sale of Goods.
16.2. In the event that the Contractor is not a consumer pursuant to Legislative Decree. of 06.10.2005, n. 206, the parties agree that for any dispute relating to the interpretation or execution of the contract the Court of Syracuse will have exclusive jurisdiction.
Art. 17 (Final provisions)
17.1. If individual clauses and/or provisions of this contract are invalid and/or void or are declared null and/or invalid and/or in any case not applicable, this does not detract from the full validity and effectiveness of all the other clauses and/or provisions of these GCC which will remain valid in any case.
17.2. In the event of original or arising gaps in this contractual regulation, the relevant legal provisions will apply.