General Terms & Conditions for Palazzo Machiavelli's Accommodations

Purview

  1. The following General Terms and Conditions apply to rental contracts for accommodations as well as to further services and deliveries provided by Central Park s.r.l. (herein after referred to as the "Host") for the client.
  2. Subletting and re-letting of the rooms as well as the use for any other purpose than accommodation requires the consent of the accommodationin writing.
  3. Contrary Conditions of the client shall only apply prior to written agreement.

General Terms & Conditions apply as follows:

1. Conclusion of the Contract, Contracting Parties, Contract Liabilities

  1. The contract becomes effective with the host's acceptance. The accommodationis free to confirm the booking of rooms in written form.
  2. Contracting parties are the accommodation and the client. If a third party orders on account of the client the third party is jointly and severally liable with the client for all contract obligations provided the accommodation has an appropriate statement of the third party.
  3. In principle, all claims against the accommodationbecome statute-barred within one year from the beginning of the regular statutory limitation. Claims for damage become statute-barred in five years regardless knowledge. Reduction of limitation shall not apply to claims based on deliberate or gross breach of duty through the accommodation.

2. Service, Price, Payment, Invoicing

  1. The accommodationis obliged to have the rooms ready for the client and to provide the service as contracted.
  2. In order to use the apartment the client is obliged to pay the valid price respectively the price as contracted. This also applies to services and expenses of the accommodation towards third arranged by the client.
  3. The prices contracted include the legal value added tax.
  4. The accommodation reserves the right to adjust prices in case the client requires later amendments regarding the contracted number of rooms, accommodation services or length of stay and the accommodation agrees to it.
  5. Invoices of the accommodation without settlement date are payable with no discount within ten (10) days of the invoice date if not contracted differently. In case of delay of payment the accommodation has the right to charge penal interest according to Italian law. The accommodation reserves the right to proof greater damage.
  6. The accommodation reserves the right to charge an appropriate advance payment or bail upon conclusion of the contract or later. The amount of the advance payment and payment date must be contracted in writing.
  7. The client is only entitled to offset or reduce a accommodation claim subject to an indisputable or legally valid claim.

3. Cancellation of the Contract by the Client

  1. The client has the right to cancel the contract only prior to written consent of the accommodation. In case this written consent is not available, the contracted price is to be paid even if the client does not use all contracted services. This does not apply in case of violation of the accommodation's obligation to consider the rights, legal objects and interests of the client if it is no longer reasonable for the client to adhere to the contract or if the client has any other legal or contractual right for cancellation.
  2. If a cancellation date was contracted between the accommodation and the client in written form, the client has the right to cancel the contract until that date without causing demands for payment or claim for damages from the accommodation. The client's right of cancellation expires, if he does not exercise this right in writing towards the accommodation until the agreed date, provided the cancellation is not according to above lit. a).
  3. The accommodation has the right to charge a lump-sum for any damage caused and reimbursed by the client. Then the client is obliged to pay 90% for the room nights. The client is free to proof that there is no damage or less than the amount required.

4. Cancellation of the Contract by the accommodation

  1. Provided the client's right to cancel the contract within a fixed time was contracted in writing, the accommodation on his part has the right to cancel the contract if there are requests from other clients for the contracted rooms and the client renounces his right to withdraw from the contract upon enquiry. Place of fulfillment and jurisdiction shall be the domicile of the accommodation.
  2. If a contracted advance payment is not made even after an appropriately extended deadline with a notice of rejection set by the accommodation, the accommodation has the right to withdraw from the contract.
  3. In addition the accommodation has the right to cancel contract extraordinarily due to an objective justified reason, for example if force majeure or other circumstances beyond the control of the accommodation makes fulfillment of contract impossible:
    • rooms are booked on misleading or false statements regarding the person or the purpose.
    • the accommodation has reasonable grounds to assume that use of the accommodation services may endanger the accommodation operation, the security or the image of the accommodation in public without being attributed to the territory and/or organization of the accommodation.
    • there is a violation of the above mentioned rules and regulations under „Purview" No. 2.
  4. Without delay the accommodation has to inform the client about the execution of the right of withdrawal.
  5. Provided a rightful withdrawal from the contract the client is not entitled to claim damages.

5. Use of Rooms, Service and Return

  1. The client cannot claim for the use of particular rooms.
  2. Rooms booked are available to the client on the contracted arrival date from 15:00 till 18:00. The accommodation cannot guarante the check-in within different times.
  3. Rooms must be available to the accommodation at 11:00 the latest on the contracted departure date. Afterwards the accommodation has the right to charge 50% of the best available public rate for the additional use of the room until 6 pm on top of the damage occurred. And from 6pm 100% of the best available public rate is charged. Any contractual claims of the client are not justified by this. The client is free to proof the accommodation that no or considerable less damage occurred.

6. Liability of the accommodation

  1. The accommodation is liable with due care and diligence of a prudent businessman for its contractual obligations. The client has no right to claim for compensation. This does not apply to damage due to injury of life, body or health, if the accommodation is responsible for the breach of duty, other damages based on deliberate or gross breach of duty of the accommodation and damages based on deliberate or negligent offence of contractual obligations of the accommodation. A breach of duty of the accommodation is on par with a legal representative or a vicarious agent. Should there be any disturbance or imperfection in service, the accommodation will resolve the matter upon knowledge or reproach by the client. The client is obliged to make a reasonable contribution in order resolve the problem and to minimize the possible damage.
  2. The accommodation is liable for tangible assets of the client according to legal requirements, which is up to hundred (100) times the amount of the room rate, € 2,500 at the most, as well as for cash, securities and valuables up to € 800.
  3. A bailment contract does not materialize, even if the client uses a parking space in the accommodation garage or on the accommodation’s parking lot at cost. The accommodation is not liable in case of loss or damage of motor vehicles and their contents parked or driven on the accommodation property, as explicitly mentioned in the signs hung in the garages.

7. Final Provision

  1. Alterations or supplements to the contract, the acceptance of the order or the Terms and Conditions for accommodation Accommodation must be in writing. Unilateral alterations or supplements through the client are ineffective.
  2. Place of fulfillment and payment is seat of the accommodation.
  3. Exclusive place of jurisdiction is Trieste.
  4. It applies Italian law.
  5. Should certain provisions of these General Terms and Conditions for accommodation Accommodation become invalid or void, the effectiveness of the remaining provisions is not affected. Besides statutory provisions apply.