1. SCOPE OF APPLICATION
1.1 These terms and conditions apply to contracts for the rental of flats for accommodation and other services of the accommodation provider (hotel accommodation contract).
1.2 The subletting or re-letting of the rooms provided and their use for purposes other than accommodation shall require the prior consent of the accommodation provider in text form.
1.3 The customer’s general terms and conditions shall only apply if this has been expressly agreed in advance in text form.
2.CONCLUSION OF CONTRACT, CONTRACT PARTNERS, LIMITATION PERIOD
2.1 The accommodation provider is free to confirm the booking in text form.
2.2 The contracting parties are the accommodation provider and the customer. If a third party has booked on behalf of the customer, it shall be liable to the accommodation provider together with the customer as joint and several debtors.
2.3 All claims against the accommodation provider shall generally become time-barred one year after the statutory limitation period begins. Claims for damages shall become time-barred after five years. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by the accommodation provider.
3.SERVICES, PRICES, PAYMENT, OFFSETTING
3.1 The accommodation provider is obliged to keep the flats booked by the customer available and to provide the agreed services.
3.2 The customer shall be obliged to pay the applicable prices of the accommodation provider for the provision of the flat(s) and the other services utilised by the customer. This shall also apply to services and expenses of the accommodation provider to third parties arranged by the customer. The agreed prices shall include the applicable statutory value added tax.
3.3 The accommodation provider may make its consent to a subsequent reduction in the number of booked flats, the services of the accommodation provider or the duration of the customer’s stay requested by the customer dependent on the price for the flats and/or for the other services of the accommodation provider being increased.
3.4 Invoices issued by the accommodation provider shall be payable in full within 14 days of the invoice being sent. In the event of late payment, the accommodation provider shall be entitled to charge a lump sum (late payment surcharge, processing fee) in the amount of 25.00 euros.
3.5 The accommodation provider is entitled to demand an advance payment or security deposit from the customer upon conclusion of the contract.
3.6 In justified cases, e.g. if the customer is in arrears with payment, the accommodation provider shall be entitled to refuse further services.
3.7 The Customer may only offset or set off an undisputed or legally enforceable claim against a claim of the Accommodation Provider.
4. WITHDRAWAL BY THE CUSTOMER (CANCELLATION, CANCELLATION and NoShow)
4.1 Cancellation by the customer of the contract concluded with the accommodation provider requires the consent of the accommodation provider in text form. If this is not given, the agreed price from the contract must be paid even if the customer does not utilise contractual services.
4.2 If the accommodation provider and the customer have agreed a date for free cancellation of the contract in text form, the customer may cancel the contract up to that date without incurring payment or damage compensation claims by the accommodation provider. The customer’s right of cancellation shall expire if he does not exercise his right of cancellation vis-à-vis the accommodation provider in text form by the agreed date.
4.3 In the case of flats not utilised by the customer, the accommodation provider shall offset the income from renting these flats to other parties. If the flats are not rented to other parties, the accommodation provider may charge 100% of the contractually agreed remuneration.
4.4 The right to withdraw from the contract concluded with the accommodation provider expires two weeks before the contractually agreed arrival date. Note: In accordance with Directive 2011/83/EU of the European Parliament, Article 16, the 14-day right of cancellation does not apply to hotel bookings. The cancellation conditions of the accommodation provider apply.
5. CANCELLATION BY THE ACCOMMODATION PROVIDER
5.1 If it has been agreed in text form that the customer may withdraw from the contract free of charge within a certain period, the accommodation provider shall also be entitled to withdraw from the contract within this period (e.g. failure to make a contractually agreed advance payment).
5.2 In the event of justified cancellation by the accommodation provider, the customer shall not be entitled to claim damages.
6. PROVISION, HANDOVER AND RETURN OF THE FLATS
6.1 The Customer shall not acquire any claim to the provision of specific flats unless this has been expressly agreed in text form.
6.2 Booked flats are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier availability.
6.3 On the agreed day of departure, the rooms must be vacated and made available to the accommodation provider by 10:00 a.m. at the latest. After this time, the accommodation provider may charge 50% of the full accommodation price (list price) for the late vacating of the flat for its use in excess of the contract until 2.00 p.m., and 100% thereafter.
6.4 The accommodation provider shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions. Accordingly, liability shall be limited to one hundred times the price of the overnight stay, but no more than € 3,500, and in deviation from this for money, securities and valuables up to a maximum of € 800.
6.5 If the customer is provided with a parking space in a car park, even for a fee, this does not constitute a safekeeping agreement. The accommodation provider shall not be liable for loss of or damage to motor vehicles, trailers, motorbikes or trailers and their contents parked or manoeuvred on the property of the accommodation provider, except in cases of intent or gross negligence.
FINAL PROVISIONS
7.1 Amendments and supplements to the contract or these General Terms and Conditions shall be made in text form. Unilateral amendments or additions by the Customer shall be invalid.
7.2 The place of fulfilment and payment is the location of the accommodation establishment.
7.3 Italian law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws or similar is excluded.
7.4 Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.