General Conditions of Contract
Supplier of received services (Hotel Frate Sole)
INTERNET USER (Guest)
1.1 The present general conditions of contract (following CGC) regulates the content of the contracts posted by the supplier which offers the received services (following: Hotel Frate Sole) with the user (following: Guest) concluded via email, fax or ordinary post. It is possible to stipulate specific agreements, (online booking system), firmly within the present general conditions of the contract.
2.1At the moment of booking a direct contractual relationship is opened between Hotel Frate Sole and the guest, disciplined by the present CGC.
2.2 At the moment of booking if requested, the guest is required to pay Hotel Frate Sole, by means of credit card, bank transfer or other, the total cost or deposit, as indicated in the booking information, calculated as a percentage of the total of the sum of the booked service.
If the payment of the said deposit is by means of bank transfer or other, confirmation of the booking obliges Hotel Frate Sole to only keep the booking valid for 5 working days from the date of the booking. Only by sending a fax or email of a copy of the bank transfer or other payment of the deposit, within five days, is the booking confirmed. Failing to do so, the Guest does not have a right to the booking.
2.3 Upon Booking, Hotel Frate Sole will send an email, fax or letter confirming the booking and indicating the details of the services booked, the total amount to be paid, the amount of deposit paid by credit card or which will be paid within three working days from the booking being made.
3.1 The guest has the right to make use of the booked services from 14.00 of the established day of arrival.
3.2 In the case of the services being requested and supplied by Hotel Frate Sole before 06.00, it is considered in all effects to be a full nights stay.
3.3 Use of the booked services must cease by 10.00 of the morning of departure.
4.1 Cancellation by Hotel Frate Sole
A total or partial cancellation of the reservation by Hotel Frate Sole is not allowed unless it be fortuitous or due to circumstances beyond their control.
4.2 Cancellation by the guest.
The guest must give written communication (letter, fax or email) to the Hotel Frate Sole of an eventual cancellation.
In case of a total cancellation the Guest has the right to the return of the deposit paid by credit card or bank transfer – the net cost – only if the cancellation is communicated within the necessary number of days before the beginning of the stay. The refund will be given within 30 days of the cancellation by bank transfer.
4.3 If the cancellation is later than the deadline or is not communicated at all, or if the guest fails to show up (no show), the Hotel has the right to keep the entire deposit paid by credit card, bank transfer or other and/or charge the cost of the first night or the whole stay if the reservation coincides with public holidays, special event or agreements related to special offers.
4.4 Even if the Guest does not use the booked services he is obliged to pay Hotel Frate Sole for them none the less.
5.1 The supplier of the service can make alternative accommodation at the guests disposal, for a valid reason and providing this have the adequate requirements.
5.2 The substitution of accommodation is justified, for example, in the case of a room becoming unusable or for pre-eminent purposes of management.
5.3. If the hotel cancels the reservation for fortuitous reasons or for reasons beyond their control, the Hotel is obliged to find alternative accommodation for the guest at an equal standard of quality. In exceptional circumstances or if the Guest is informed of the cancellation at the moment of arrival, the Hotel must provide alternative accommodation within four hours.
5.4 Any eventual further costs for alternative accommodation are covered by Hotel Frate Sole.
5.5.In the above mentioned cases, the guest has the right to a refund of the deposit paid.
6.1 Starting from the beginning of the stay the guest has the right to use the room or apartment and the furnishings of the hotel which are usually, apart from specific reasons, available for the guests.
7.1 At the end of the stay the guest must provide payment corresponding to the net of the deposit previously paid. Foreign currencies are accepted within limits, according to the daily exchange rates. Hotel Frate Sole is not obliged to accept cheques.
7.2 In the case of food or drinks being bought from nearby shops and bars, and consumed on hotel premises, the hotel can charge the guest.
7.3 Before using unusual electronic equipment the guest must ask authorisation from the hotel.
7.4 Any damage caused by the guest general compensation payment norms are applied. Therefore the Guest is responsible for any damage suffered by the hotel or by third parties, caused by himself or by anyone under his responsibility. This is also true if the injured party can directly request compensation from the Hotel.
8.1 In the case of refusal or delay in payment of the agreed amount, the hotel as the right to retain the guests belongings found in the hotel in order to guarantee eventual payment for the stay and the vitto.
8.2Hotel Frate Sole has, as guarantee of the agreed payment amount, a right to pawn the guests belongings which are found in the hotel.
8.3 In the case in which any added services are required to the guests room, or outside normal hours, the hotel has the right to request extra payment; such payment must however be indicated on the information card found in the guest’s room. The hotel can refuse, for organisational reasons, to provide these services.
9.1 The hotel is obliged to provide the agreed service at a suitable standard.
9.2 The hotel guarantees that all prices quoted on the price list are gross and include taxes. The hotel must clearly state if further costs are required on top of the quoted prices.
9.3 The hotel is obbliged to indicate further prices as mentioned in 9.2, assuming exclusive responsibility for their unavailability.
9.4 Extra hotel services not included in the set price:
a) Some type of services can be charged separately and in such cases must be quoted on the website (see Price list).
b)For an extra bed, also for children, a discounted price will be charged.
10.1 The hotel is responsible for damages caused to the guest’s belongings if the damage occurs within the hotel or if the hotel staff are responsible.
10.2 The hotel accepts custody of belongings brought by guests into the Hotel premises, limiting the value to a maximum equivalent of 100 times the price of the daily stay if unable to demonstrate that the damaged has not been caused by the hotel or by its employees or people using the premises. In such cases, the hotel is responsible, up to the maximum quoted, for deterioration, destruction or removal of the belongings, objects of value, money and credit titles, unless knowing the particulars and not having taken them directly into custody or that the damage has been caused by the hotelself or by its employees. In this case the hotel is answerable to the total value. If in a double room, only one person has suffered damages, the limit of compensation is equivalent to one hundred times half the price of the room.
10.3 The hotel is not responsible when damages or removals occur by fault of the guest, by circumstances beyond human control or by the nature of the object.
10.4 The custody of objects can be refused in cases in which they are dangerous (ie potentially capable of causing damage), too bulky or too valuable (when the object has a higher value than what is usually considered ‘normal’ for a guest).
10.5 Things are considered in the hotel the moment they are given to a member of hotel staff and are brought to a place, within the hotel, designed for the custody of such objects.
10.6 The guest must report the fact without unjustifiable delay to the hotel owner to not lose the right to compensation.(art. 1785 ter c.c.)
11.1 The hotel reserves the right to carry out changes to the organisation and the structure of the hotel during the period in which it is open to the public. In case of necessary maintenance activities the guest agrees this not being reason for a refund, in case of works to the accommodation or structure of the hotel during the period of stay.
12.1 Animals are not permitted within the hotel.
13.1 A prolonged stay can be accepted by the hotel.
14.1 In the case in which the contract of receptivity is a determined period, the stay ends on the said date. If the guest leaves before the agreed date, the hotel has the right to request the total sum agreed for the stay. Hotel Frate Sole is free, within possible limits, to relocate any rooms not in use.
14.2 If the guest does not vacate the room by 10.00 on the morning of departure or within the hour agreed with the reception or management, the hotel has the right to charge a further day’s stay.
14.3 The hotel can immediately retreat from the contract if the guest:
a)uses the rooms with serious disrespect for the property or makes it uncomfortable for the other guests by having a behaviour which shows no respect, is scandalous or in any case inconsiderate or is guilty of actions or omissions against the hotel, the hotel staff and/or people who are in the hotel, punished by law as an offence regarding objects, property rights, social customs and physical integrity.
b) Should there be a contagious illness or an illness lasting longer than the agreed period of stay, or in the case of needing particular care;
c) Not providing payment of the invoice within the agreed terms.
15.1 Should a guest fall ill during the period of stay in the hotel, the hotel is obliged to provide medical assistance if necessary and the guest is incapable of finding it.
15.2 The hotel has the right to be indemnity by the guest or by his/her heirs in the following cases:
a) medical costs not yet paid by the guest;
b)for disinfection costs should it be prescribed by the doctor;
c) costs for materials no longer usable such as linen, sheets, beds etc, these things will be consigned to the heirs, or for costs to disinfect these objects.
d)costs to clean walls, furnishings, carpet etc should these have been dirtied or damaged due to the illness;
e) Accommodation costs of the room should it not be usable due to illness or death (minimum three maximum seven days).
16.1 Despite the attention and dedication of the Hotel it is possible that a guest feels the need to make a claim to the hotel regarding their stay. Any claims must be made at the hotel, directly to the hotel management. If the guest is not satisfied with the way the complaint is received, he/she has one month from the date of departure from the hotel to present a written complaint, addressed to : Hotel Frate Sole, Via San Bernardino da Siena, 28 – 06081 – S. Maria degli Angeli (PG) – customer services. The complaint will be dealt with the maximum attention, however, if also in this case the proposed solution is not satisfactory, the guest has three months from the date of departure from the hotel to present an official complaint to the competent court. The decision of the court closes the matter.
17.1 The place of fulfillment of the contract is the place where the Hotel has its premises.
17.2 The competent Court is the place where the Hotel has its premises.
17.3 The contract between the Hotel and the Guest is exclusively within Italian law.
17.4 Any controversy arising from the contract between the Hotel Frate Sole and the Guest regarding consumer can select home and/or residence where the Hotel has its legal address.
According to art. 1341 C.C second comma with the booking confirmation declares specific acceptance of the clauses which of the articles 1: (General information 2: (conclusion of contract and deposit, 3: (beginning and end of stay) 4:cancellation of the reservation 5.Alternative accommodation, 6. Guests’ rights 7. Guests’ obligations, 8. Hotel’s rights 9. Hotel’s obbligations, 10. Hotel’s responsabilites, 11. Maintenance 12, Animals 13, Prolonging of stay 14. End of stay 15. Illness of the Guest in the Hotel. 16. claims, 17. Place of fulfillment and competent court.
Hotel Frate Sole
via San Bernardino da Siena , 28
06081 • S. Maria degli Angeli • Assisi (PG) • Italia