GTC - Hotel Wiesenhof in Lagundo - Merano - South Tyrol

1. Scope of Application

a. These Terms and Conditions govern contracts for the rental use of hotel rooms for accommodation and for all further services of the hotel.

2. The Contract

a. The hotel offers are nonbinding for both parties. The contract is concluded by written acceptance of the hotel.
b. Unless otherwise agreed, the hotel rooms are available from 14:00 on the day of arrival (check-in time) and have to be released before 11:00 on the day of departure (check-out time). The hotel may collect fees due to the delayed release of the room(s).

3. Prices and Payment

a The hotel is obliged to keep the rooms reserved by the customer available and to render the agreed services unless confirmed by the hotel.
b. The customer is obliged to pay the agreed price for the hotel accommodation and other services booked. This also applies for services and outlays to third parties.
c. The agreed prices include the value added tax, unless a different agreement has been made.
d. Settlement takes place in Euro.
e. The hotel bills are to be paid during or at the end of the stay. If payment is delayed, the hotel is entitled to charge the legal interest pursuant to Legislative Decree 231/2002.
f. The hotel is entitled at any time to require a reasonable advance payment in the form of a deposit confirmation in accordance to art. 1385 of the Italian Civil Code.
g. Complaints on accounting have to be reported immediately to the hotel.

4. Withdrawal of the Hotel

a. The hotel is entitled to rescind the contract if an agreed advance payment has not been made within the period set by the hotel.
b. Furthermore, the hotel is entitled to withdraw from the contract for justifiable cause without liability for damages, for example if
- force majeure or other circumstances beyond the hotel’s control make it impossible to fulfill the contract,
- room bookings have been made with misleading or false information.
- The hotel has reasonable motive to believe that the accommodation of the client might compromise the smooth operation, security, or the hotel’s reputation in public.
c. The hotel has to inform the customer immediately of the rescission of the contract. The customer has no right to claim damages deriving from justified cancellation by the hotel.

5. Cancellation / No Show / Early Departure

a. The cancellation of a contract must be done in writing.
b. Cancellation:
For cancellations occuring more than 28 days before the arrival date no cancellation fee will be applied.

For cancellations during the period between 28 days prior to arrival and the arrival date itself, the client is obliged to pay the following cancellation fees:

- Cancellation no later than 15 days before the arrival: 40% of the agreed total price;

- Cancellation no later than 8 days before arrival: 60% of the agreed total price;

- Cancellation less than 8 days prior to arrival: 70% of the agreed total price.

Cancellation must be effected in writing.
In case of no show a cancellation fee of 70% of the agreed total price (= price of accommodation, meals and any other booked services) will be applied.
In the event of a partial cancellation the percentage refers only to the agreed price for the unused or cancelled rooms.

In the event of a delayed arrival, the client is liable for payment of the total agreed price.
In case of early departure, the client is obliged to pay the price for the used services and the payment of 70% of the agreed price for the agreed remaining but unused services.

6. Liability of the Hotel

a. Claims for damages, regardless of the legal reason, are excluded, unless the hotel has acted with intent. The hotel must take on responsibility for their own gross negligence or gross negligence of its legal representatives or employees for damages resulting from the breach of contractual obligations. A liability in all cases of negligence is limited to the contract-typical, foreseeable damage. The liability for damages arising from injury to life, body or health remains unaffected.
b. If the customer is a hotel guest, the hotel is responsible for properly kept valuables in the room safe pursuant to Article 1783 Italian Civil Code, to a maximum of a hundred times the daily room rate.

7. Liability of the Customer

a. The customer is liable for damages to buildings and/or inventory caused by themselves, their family, their guests or pet animals, according to the legal provisions. It is the customer's responsibility to obtain sufficient insurance for such liability cases.

8. Privacy policy

Information about personal data given over the phone, in person, by fax, e-mail or a form will be processed by the hotel, unless otherwise agreed with the customer, for the following purposes:

a) for purposes that are relevant to the contract (reservation data)
b) for purposes consistent with laws, regulations and EU regulations (e.g. data sheets under the statutory provisions)
c) periodic releases (if requested by the customer)
d) for questionairs or surveys regarding the clients’ satisfaction

The customer has at any time the right of access, rectification or deletion of the data according to Legislative Decree No. 196/2003.

9. Final Provisions

a. Changes or additions to the contract, including this clause, must be done in writing.
b. Written communications to customers are considered as delivered on the third day after sending. When transmitted by fax, the transmission protocol is valid as proof of delivery. The same applies to written communications (mail, fax) of the customer to the hotel. When communicating by electronic mail, the confirmation of arrival is valid as proof of delivery.
c. Location of performance and payment is the Hotel Wiesenhof, Lagundo.
d. Exclusive jurisdiction is Bolzano.
e. Italian law is applied.
f. If any provision of these Terms and Conditions should be invalid or void, the validity of the remaining provisions shall not be affected. Instead of the invalid provision, a valid provision coming as close as possible shall be applied. The same applies to contractual loopholes.
g. For all other cases the legal provisions apply.