General Conditions of Sale
Welcome to www.hotel-american.it and the American Hotel’s booking-engine (https://hotelamerican.kross.travel/) that allows you to book and purchase accommodation services at the hotel. Please read carefully the following terms and conditions governing the service. American Hotel reserves the right to change the terms and conditions without prior notice, when such changes become necessary due to changes in the market, changes in legislation or changes in the provision of the service. In any case, the use of the website and its freely accessible functions implies acceptance of these general terms and conditions. These General Terms and Conditions govern the purchase of stays carried out remotely via the Internet network on the website www. hotel-american. it and the related contract concluded between the American Hotel and the users of the website. Every purchase transaction will be governed by the provisions of articles 50 – 68 of Legislative Decree no. 206 of 6 September 2005 “Consumer Code” and subsequent amendments regarding distance contracts. This is without prejudice to the possibility of concluding specific agreements, where possible, without prejudice to these general terms and conditions.
1. Acceptance of the general conditions of sale.
The Customer, by sending the confirmation of his purchase order electronically, unconditionally accepts and undertakes to comply with these general conditions, declaring that he has read and accepted all the information provided to him pursuant to the aforementioned regulations, noting also that the American Hotel will not be bound by different conditions unless previously agreed in writing. The possible total or partial nullity or invalidity of one or more articles of these General Terms and Conditions does not affect in any way the validity of the other articles contained in the contract, which are to be considered valid and effective indefinitely. The invalid or ineffective condition shall be replaced by another provision which is appropriate to the economic purposes of the agreement.
2. Commitments of the client.
• These General Terms and Conditions of Sale must be examined online by the Customers of the website www.hotel-american.it before they confirm their reservation. The forwarding of the order confirmation therefore implies their full knowledge.
• The Customer undertakes and obliges, once the on-line purchase procedure has been completed, to print and keep these General Terms and Conditions of Sale, already viewed and accepted during the booking process, in order to comply fully with the condition referred to in art. 52 and 53 of Legislative Decree no. 206/2005
• To purchase American Hotel accommodation services, you must be at least 18 years old or over the age of majority according to the laws of your country of citizenship. Any bookings regularly completed, even if made by minors, prohibited or disabled, will still be considered fully valid.
3. Terms of purchase.
• The purchase of accommodation services on www. hotel-american. it is made by the customer at the total price indicated therein, which is accepted at the time of forwarding the booking confirmation;
• Prior to the confirmation of the booking, the Client will receive a summary of the total cost of the requested travel services;
• After confirming the booking, the Customer will receive an e-mail to the address indicated containing a summary of his/her order, the booking number and the service specifications and cancellation terms;
• The booking confirmation is in any case subject to the receipt of the confirmation deposit by the American Hotel.
N. B.
It is mandatory to check the booking summary before payment. It is essential that all data (dates, times, names of guests, e-mail address and telephone number) are correct. Any inaccuracy, even small, (e. g. a spelling error of the names) due to an error in the input of the data by the client, pending the full responsibility of the client for the error, must be reported immediately to the American Hotel. In the event of cancellation, cancellation, non-receipt of the price of the booked service, or if there are reasonable grounds to believe that the reservation is fraudulent, American Hotel reserves the right to cancel the reservation or to demand compensation. If it is not possible to contact the customer, the American Hotel may not confirm or cancel the reservation without incurring any liability.
4. Conclusion of the contract
The contract is concluded upon confirmation of receipt of the deposit by the American Hotel within the stipulated period (7 nights from the date of booking). The booking confirmation therefore commits the American Hotel only to keep the booking valid for the time necessary to receive evidence of the payment made by the Customer. For the purpose of this payment, the reservation will be definitively confirmed. Failing this, the Customer will not be entitled to maintain the reservation, which may be cancelled by the American Hotel even without any notification to the Customer of the cancellation.
5. Exclusion of the right of withdrawal
Art. 47 of Legislative Decree no. 6 September 2005 n. 206 and subsequent amendments, the “Consumer Code”, expressly excludes the applicability of the rules governing contracts concluded away from business premises, distance contracts and the related right of withdrawal to contracts falling within the scope of the rules concerning travel, holidays and tours “all inclusive”, referred to in articles 32 to 51 of Legislative Decree 23 May 2011, n. 79 and to contracts for passenger transport services. As a result, the right of withdrawal is excluded for all purchases made on www.hotel-american.it.
6. Penalties in case of cancellation or early departure
In the event of cancellation of the reservation by the client, the American Hotel has the right to apply as compensation, the following penalties to be calculated on the total price resulting from the reservation:
• Cancellation received up to 7 nights before the date of arrival: 0% penalty
• Cancellation received from 6 nights before the date of arrival or for no-show: penalty of 30% (equal to the amount of the deposit paid).
In the event of early departure or late arrival, the hotel owner has the right to request payment of the entire booked period with billing of the nights until the end of the reservation.
7. Beginning and end of stay
Rooms are normally available from 14. 00 on the day of arrival and must be released by 10. 00 on the day of departure. Any early check-in or the release of the room after the indicated time may be subject to a surcharge on site, confirmed by the hotel itself, subject to availability. Guests who have booked half-board accommodation are entitled to breakfast and dinner. You can not get any reduction for meals included and not enjoyed for any reason.
8. Notifications at the time of booking
Any preferences expressed by guests regarding the choice of rooms (e. g. on a low floor, with double bed, separate beds, additional beds, cots, etc.) are not binding and can be met as far as possible.
9. Rights of the Guest
The guest whose reservation has been duly confirmed, has the right to use the hotel rooms, which are made available to the guests without specific conditions, and the regular service. The guest has the right to exercise his/her rights in compliance with all the directives and regulations of the structure.
10. Obligations of the host
The guest is obliged, at the latest at the time of departure, to pay the amount still outstanding, resulting from the difference between the total amount of the stay and the deposit paid, to which will be added any extra services/services used by the guest and/or the persons accompanying him/her, plus the statutory value added tax and the tourist tax. The guest is also liable for any damage caused to the hotel structure, to third parties, including other guests, caused by him or caused by persons for whom he is responsible.
11. Hotel rights
If the guest refuses to pay for additional services purchased on site, the hotel is legally entitled to retain and pledge the guest’s belongings in the hotel. These rights of retention and pledge also serve to guarantee any damages of any kind.
12. Obligations of the hotel
The hotel is obliged to provide the agreed services and services to an extent corresponding to its own standard. The Hotel may provide guests with suitable alternative accommodation (of the same quality/category) in the event of, for example, unusable room(s), extension of the stay of the guests occupying the room in question, overbooking or other important needs of the hotel which require such a decision. Any additional costs associated with the replacement accommodation will be borne by the hotel.
13. Liability for damage to property
The American Hotel is liable for damages suffered by the guest if the damage occurred on the premises of the hotel and if it is proved beyond any doubt that it or its employees are responsible. The American Hotel shall be liable for things brought into the premises by the guest only to the amounts established by law, if it cannot prove that the damage was not caused by the guest, its employees or persons attending its business (e.g. suppliers). In this context, it shall be liable, up to the above mentioned ceiling, for the deterioration, destruction or theft of property, valuables, money and debt instruments. However, the American Hotel is not liable if the damage or theft occurred due to the client’s actions (e.g. goods left unattended in the common areas, the key to the safe not guarded, etc.), due to force majeure or the nature of the item. Objects may be refused for safekeeping if they are dangerous (i.e. potentially damaging), too bulky or of excessive value. Items shall be deemed to have been brought into the facility when they are taken over by a member of the staff of the accommodation facility or brought to a place within the accommodation facility for their safekeeping. The guest must report the fact without undue delay to the hotel management in order not to lose the right to compensation (art. 1785 ter Civil Code).
14. Maintenance
The American Hotel reserves the right to make changes to the organization and facilities during the period of opening to the public. As part of the necessary maintenance activities, the client agrees, without claiming any right of reimbursement, to the carrying out of work on the accommodation or facilities of the hotel during the period of his stay in the hotel.
15. Animals
Pets can be brought into the accommodation, upon payment of a surcharge and in compliance with the rules laid down for them (no access to the restaurant and swimming pool area).
16. Extension of stay
The guest cannot request an extension of the stay, which must always be accepted by the hotel and subject to the availability of rooms. If the guest is unable to leave the hotel on the scheduled departure date because of extraordinary and unforeseeable circumstances (e.g. natural disasters, floods, strikes, etc.) all possibilities to travel are excluded, then the hotel contract will be automatically extended for the duration of the impediment. In such cases, the American Hotel is entitled to charge the price specified in the price list for the period. If the extension of the stay is not possible due to lack of accommodation, the American Hotel offers, without commitment and guarantee of success, to help the Customer to find an alternative accommodation.
17. Termination of the contract – impossibility occurred
The American Hotel may terminate the contract with immediate effect if the guest:
• uses the premises with serious damage to the property or makes cohabitation with other guests intolerable by behaving in a bullying, reckless, scandalous or in any case reckless manner or is guilty of acts or omissions against the accommodation provider, the staff, other guests and/or persons present in the Hotel, punishable by law as a crime and having as its object, property rights, good morals and physical integrity;
• if you suffer from a contagious disease or a disease the course of which exceeds the agreed period of stay or if special treatment is required;
If the performance of the contract is impossible due to force majeure (e. g. natural disaster, strike, lockout, official regulations, etc.), the American Hotel may terminate the contract at any time without prior notice, provided that the contract is not already terminated by law, or the hotel has not already been released from its obligation. Any right to compensation for damages etc. by the American Hotel is excluded.
18. Complaints
If the guest feels that he has to file a complaint for services related to his/her stay, the reasons should preferably also be communicated in writing on the spot, directly to the management of the property. If the guest is not satisfied with the way the complaint is handled, he or she has 10 days after departure to submit a further written complaint, with a detailed explanation of the reasons for the complaint.
19. Applicable law and jurisdiction
These terms and conditions, as well as the relationship between users and American Hotel, are governed by Italian Law. The determination of any dispute that may arise between clients and the American Hotel will be the exclusive competence of the Court of Udine. “Mandatory reporting pursuant to Article 17 of Law 38/2006 – Italian law punishes with imprisonment offences concerning prostitution and child pornography, even if committed abroad”.