GTC

Effective March 2017 Villa Eden Hotel Ltd., I-39100 Bolzano, Via Museo 1

General terms and conditions for Hotel accommodation and services Villa Eden Hotel S.r.l.
I. Area of applicability
II. Conclusion of the contract; contractual partner and liability
III. Service, room availability, delivery and return
IV. Prices, payment, set-off
V. Adjustment of remuneration
VI. Withdrawal of the customer (cancellation, rescission)
VII. Rescission by the Resort
VIII. Resort’s liability
IX. Final provisions

I. Area of applicability
1. These general terms and conditions apply for all services by the Villa Eden Hotel GmbH (Resort).
2. These terms and conditions apply in particular to contracts for the rental of hotel rooms and villas for accommodation as well as all other services and deliveries of the Resort provided to the customer.
3. The contract comes into effect only under these conditions. Any terms and conditions of the customer shall not apply.

II. Conclusion of the contract; contractual partner and liability;
1. The contract comes into effect on the customer request of acceptance of the Resort. The Resort is at liberty to confirm the booking of the room in writing and/or to conclude the contract on the condition that the customer pays a deposit or pays the bill in advance.
2. The contracting parties are the Resort and the customer. If a third party makes the booking for the customer, s/he is liable for all the obligations arising from the accommodation contract as being the booking party together with the customer as joint debtor.
3. By concluding the accommodation contract, the customer becomes entitled to the normal use of allocated rooms, the facilities, which are usually and without special conditions accessible to the guests to the usual service.
4. The subleasing and re-leasing of allocated rooms and villas and their use for purposes other than accommodation require prior written consent of the Resort.
5. The customer should immediately inform the Resort, without being requested, whether the use and/or the event planned by her/him at the Resort could arouse public interests or impair the interests of the Resort due to its political, religious or other character at the conclusion of the contract at the latest.
6. Newspaper announcements and other advertising and publications related to the Resort require the prior written consent of the Resort.
7. If the customer breaches the obligation to provide information according to sec. 5. or to issue publication without the consent as provided for in sec 6., the Resort is entitled to prohibit the use in the desired way or cancel the event.

III. Service, room availability, delivery and return
1. The Resort is obliged to ensure the availability of the rooms or villas booked by the customer and to perform the agreed services provided that the customer fulfils his payment obligation.
2. The customer does not acquire any claim for the availability of a particular room and villas unless the Resort has explicitly confirmed their availability in advance.
3. Booked rooms and villas are available to the customer from 3:00 pm onwards on the agreed day of arrival. The customer has no claim for earlier availability.
4. Checkout is at 12:00 am at the latest on the agreed day of departure. After that time, the Resort can charge 50% of the full price (list price) for the additional use of the room until 6:00 pm, and 100% from 6.00 pm onwards. The customer is at liberty to prove that no damages or significant damages has occurred to the Resort.

IV. Prices, payment, set-off
1. The customer shall be bound to pay to the Resort the valid or the agreed rates for the accommodation s and for any service made use of by the client. This shall also apply to the hotel's services and outlays to third parties requested by the customer.
2.The agreed prices include the current statutory VAT.
3. The bills issued by the Resort without due date are payable immediately without deduction.
4. Complaints against phone bills can be lodged only within one month after having been received.
5. The Resort is entitled to declare its accrued receivables to be due and to demand immediate payment thereof at any time. If an invoiced amount is due but not immediately paid, the Resort is entitled to rescind the accommodation agreement with immediate effect in accordance with Article 1456 Civil Code.
6. The customer shall be obliged to pay the rate on the day of departure at the latest.
7. If payment is delayed, the Resort is entitled to claim interest for the delay amounting to 5% p.a. above the base rate for consumers and 8% p.a. above the base rate for any natural or legal person, business or profession, acting for purposes relating to his trade, whether publicly or privately owned. The right of the Resort to enforce further damage for delay remains reserved.
8. The customer may set-off or reduce a debt claim only with a claim which is undisputed or decided with final res judicata effect.
9. If the customer refuses to pay the bills or is in arrears with the payment, the Resort is entitled to the right of retention of the items and goods brought by the customer pursuant to Article 2756 and 2760 Civil Code.

V. Adjustment of remuneration
1. If 4 months have passed between the conclusion and the fulfilment of the contract and if the price calculated generally by the Resort for that kind of services increased, the price as agreed upon can be raised adequately, not exceeding a 15% increase.
2. The prices may be also changed by the Resort if the customer subsequently changes the number of the booked rooms and villas, the hotel's services, or the length of guests' stay, and the hotel consents to such changes.

VI. Withdrawal of the customer (cancellation, rescission)
1. For online bookings or accommodation contracts concluded at a distance by electronic means, the right to rescind the contract within 14 days following the conclusion of the contract shall be excluded in accordance with Article 59, par. 1, point n) of the consumer protection code. The following cancellation policies apply to the withdrawal of the customer.
2. A withdrawal by the customer requires the payment of the following cancellation costs: Cancellation is free of charge if it occurs more than 14 days prior the arrival. For cancellations within 14 days prior to arrival, we reserve the right to charge cancellation fees of one to three nights depending on the length of stay. In the event of no-show, unused rooms and villas or early departure, a 100% of the total amount will be charged.
3. Special agreements are also binding. The customer is at liberty to prove that no damages were incurred or that the damages incurred by the Resort were lower than the flat-rate amount charged.

VII. Withdrawal by the Resort
1. If it has been agreed in writing that the customer can withdraw from the contract without incurring costs within a defined period of time, the Resort is also entitled for its part to withdraw from the contract within this period if there are inquiries from other customers regarding the contractually reserved rooms and if the customer will not relinquish from its right of withdrawal.
2. If an agreed advance payment is not paid by the due time, the Resort is also entitled to cancel the contract.
3. Furthermore, the Resort is entitled to withdraw from the contract for objectively justifiable reasons or to cancel the contract, e.g. in the following cases
in the case of acts of God (force majeure) or other circumstances which the Resort is not responsible for make the fulfilment of the contract impossible;
if rooms are booked by giving misleading or wrong information of important facts, e.g. about the person of the customer or the purpose of the stay;
if the Resort has justified reason to assume that the use of the hotel services can jeopardize the smooth operation of the business, without being attributable to the sphere of control or responsibility of the Resort
in breach of the General Terms and Conditions.
4. The Resort shall immediately inform the customer of the exercise of the withdrawal/cancellation right.
5. The customer can derive no right to compensation from justified withdrawal/cancellation by the Resort.

VIII. Resort’s liability
1. The Resort is liable to carry out its contractual duties under the contract. If the customer is a consumer, the hotel may not be held liable for slight negligence, except for injury to body or health. If the customer is an entrepreneur, the liability of the Resort for slight negligence shall be excluded. In this case, the customer bears the burden of proving the fault. Consequential damage, non-material damage or indirect damage as well as lost profits shall not be indemnified.
2. The Hotel will endeavour to remedy any disruptions or faults in the services provided as soon as it becomes aware of them. The client is obliged to contribute to the amendment of the disruption and minimise the damage to a reasonable degree.
3. The Resort is liable for things brought in by the customer according to the statutory provisions, innkeeper’s liability in pursuance of Article 1783 et seq. Civil Code, i.e. the legal liability of hotel operators for the safekeeping of guest’s property up to the statutory amounts. Money and valuables can be kept in a safe-deposit. The Resort may refuse such safe custody if they are much more valuable than the belongings the guests of the Resort usually deposit. The customer is obliged to inform the Resort of the value of the objects to be deposited. For such storage in the Resort-Safe, the Resort is liable up to a maximum of the stated value within the limit amount of the liability insurance. The Resort recommends making use of this facility. In case of objects stored in the safe-deposit, the statutory limitation of liability pursuant to Article 1785-quater Civil Code shall apply. Liability claims expire if the customer fails to notify the Resort immediately after gaining knowledge of the loss, destruction, or damage.
4. The provision to the customer of a parking space in the hotel garage or on a Resort parking lot even for a remuneration does not constitute a safekeeping contract. The Resort assumes no liability for loss of or damage to motor vehicles parked or manoeuvred on the Resort property under article 1785-quinquies Civil Code. This also applies to the Resort's vicarious agent.
5. Wake-up services shall be performed by the Resort with the greatest care. Damage compensation claims are precluded hereby, excepting cases of gross negligence or intentional acts.
6. Messages, mail, and merchandise deliveries for guests are handled with care. The Resort is willing to undertake the delivery, storage and, on request and for a charge, forwarding of items, but disclaims Claims to compensation for damage shall be ruled out excepting for intent or gross negligence.

IX. Final provisions
1. Alterations and additions to the present General Terms and Conditions, to the acceptance proposal or to the contract have to be done in writing in order to be effective. Waiving the requirements of writing is also required to be done in writing. Unilateral amendments done by the customer are invalid.
2. The place of fulfilment and payment is the registered office of the Resort.
3. The exclusive place of jurisdiction in relation to commercial transactions is the Resort's registered office. Consumers are subject to the competent court having general jurisdiction over them.
4. Italian law applies exclusively. The UN Convention on Contracts for the International Sale of Goods and provisions on conflict of laws do not apply.
5. Should individual provisions of these general terms and conditions for Resort accommodation be or become invalid or void or become null and void, the effectiveness of the other provisions will remain unaffected by this invalidity.

The customer's declaration (below) must be alleged in the order form of Villa Eden Hotel and signed by the customer

For the purposes of Articles 1341 and 1342 Civil Code as well as Articles 33 et seq. Consumer Protection Code, the customer declares to approve specifically the following clauses of this general terms and conditions: Art. II, para. 2, joint and several liability of the customer; Article III, para. 4, claim for damages of the Resort; Art. IV, para. 7, interest on arrears 5% p.a.; Art. IV, para. 8, limitation of the set-off of the customer; Art. V, para. 1, price increase; Art. VI, para. 2, termination fees; Art. VII, para. 1, withdrawal/cancellation by the Resort; Art. VIII, para. 1, limitation of liability; Art. IX, para. 1, requirement of written form; Art. IX, para. 3, exclusive jurisdiction.

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