GENERAL CONDITIONS e Cancellation policies (see art.11)

 Reservation at the Hotel Rosalpina
 

1 General provisions 

1.1 These general terms and conditions (hereinafter: GTC) govern the contracts entered into by the User with Hotel Rosalpina *** for the technical management of requests and reservations for tourist accommodation services.

1.2 These GTCs can be viewed by the User during the booking process and are also published in full on our website at www.hotelrosalpina.eu under the heading "Terms of use". 

1.3 In any case, if the User is a Consumer, the provisions contained in Legislative Decree no. 79 of 2011 (Tourism Code) and, to the extent compatible with it, Legislative Decree no. 206 of 06/09/2005 (Consumer Code), in particular the provisions referred to in Articles. 50 et seq., In addition to those generally applicable pursuant to Legislative Decree No. 70 of 09/04/2003 on the services of the Information Society in the internal market, with particular reference to electronic commerce. 

 

2 Definitions 

2.1 For the purposes of applying these GTC, the expressions conventionally indicated below with capital letters and in bold (whether in the singular or plural) have the following meanings:

• User is the one who accesses Booking Rosalpina also in order to conclude booking contracts or to send booking requests.

• Consumer is the natural person who uses Booking Rosalpina for purposes unrelated to the entrepreneurial, commercial, craft or professional activity, possibly carried out.

• Rosalpina Portal is the Hotel Rosalpina website operating at http://www.hotelrosalpina.eu or www.hotelrosalpina.com on which, among other things, the Platform is present.

• Platform means the platform for the technical management of reservations and requests for tourist services in general, in the availability of Hotel Rosalpina sas;

• Related Sites and Partner Sites are all information and promo-marketing sites for the Trentino tourist offer.

• Information includes information and materials relating to Hotel Rosalpina, published by them directly and concerning the description of the Structure, including its characteristics, the services provided, the availability of rooms / accommodation, prices and offers. , images (including photos / video / audio-video) and any further and different information or images published and disseminated by Hotel Rosalpina. 

• Booking is any order relating to the tourist service of an exclusively receptive nature, selected or requested by the User on Booking Rosalpina.

• Booking confirmation is the electronic communication (e-mail) confirming the requested service that the Platform automatically generates and sends to the User and to Hotel Rosalpina.

• Cancellation Policy are the conditions for canceling the reservation.

• No show is the failure of the User to show up at Hotel Rosalpina, in the absence of regular prior cancellation that has been carried out in compliance with the provisions contained in these GTC or in the applicable Cancellation Policy.

• Overbooking or "over booking" is the situation that occurs when Hotel Rosalpina accepts more bookings than the available seats.

3 Object 

3.1 These GTC govern:

a) the online access to the Platform and the use of Booking Rosalpina by the User for the conclusion of telematic contracts concerning the service booked at Hotel Rosalpina;

b) access to the Platform and use of Booking Rosalpina by the User, for the conclusion of telematic contracts concerning the service booked at Hotel Rosalpina, by fax, e-mail and telephone;

c) the contracts concluded through Booking Rosalpina between the User and Hotel Rosalpina.

 

4 Contract and methods of conclusion on Booking Rosalpina

4.1 By means of Booking Rosalpina the User directly concludes a contract with Hotel Rosalpina, concerning the booking and provision of accommodation, as well as additional services to give or to do that Hotel Rosalpina sas undertakes to perform in favor of the User , towards the payment by the latter of a consideration in cash.

4.2 The additional services to give or to do which Hotel Rosalpina undertakes, are prearranged to allow the use of the booked service, according to the type of structure chosen and in line with the quality levels connected to the classification or category to which it belongs.

4.3 The reservation concerning the tourist accommodation service identified by the User on Booking Rosalpina, is followed by a confirmation message (e-mail) that Hotel Rosalpina sas - automatically - sends to the User and to the Hotel Rosalpina in which the booking conditions relating to the structure itself are summarized.

4.4 In particular, in addition to the summary of the general and particular conditions applicable to the contract, the confirmation message contains, also pursuant to the provisions of art. 13 of Legislative Decree 70/2003, the information relating to the essential characteristics of the service booked, the indication of the price, the means of payment, as well as any amounts requested as a confirmatory deposit.

4.5 Hotel Rosalpina has the right to ask the User for a form of booking guarantee in accordance with the following articles. 7 and 8 or the full payment of the stay you intend to book. In the latter case, where Hotel Rosalpina provides for the non-refund of the prepaid amount ("non refundable"), the amount paid will not be refunded in case of cancellation. 

4.6 At the end of the booking process, Hotel Rosalpina is directly bound towards the User to provide the booked tourist service and the User is bound to Hotel Rosalpina according to the specifications indicated in the confirmation e-mail.

4.7 Reservations at Hotel Rosalpina can also be made through the Hotel Rosalpina Reception managed directly by Hotel Rosalpina by fax, e-mail and telephone. This booking method is operational during weekdays during business hours (from Monday to Friday - usually - from 08.00 to 22.30).

 

5 Descriptive and booking data 

5.1 The information relating to the service to be booked is contained in the notes and in the details of the offer, which can be known and consulted by the User before the conclusion of the booking process. 

5.2 Descriptive data means the Information concerning the accommodation facility that can be booked on Booking Rosalpina, concerning the description of the Structure, including its characteristics, the services made available, the images (including photos / video / audio-video) and any further and different information or image published or disseminated by the Hotel. The booking data, on the other hand, relate to the availability of rooms / accommodations, prices, offers, etc.

5.3 Hotel Rosalpina is solely and directly responsible towards the User for what concerns the correctness, completeness, truthfulness and updating of the data entered, including prices, as well as for the availability of rooms and accommodation and in particular approximately:  

a) their content, nature, accuracy and completeness, their truthfulness, updating, as well as their compliance with the law, including information regarding the availability of rooms / accommodation and their prices, as well as the quality of the service offered; 

b) the legitimacy or the right to use any materials and / or files that Hotel Rosalpina decides to upload (up-load) or send them back by means of hyperlinks or not and / or for any hypertext links to third party sites; 

c) compliance with any legal obligations related to the exercise of one's business or the relationship and conclusion of the online contract between the User and Hotel Rosalpina (e.g. information to the User by virtue of the Consumer Code or the Tourism Code ). 

 

7 Guarantees - the credit card as a form of prepayment or deposit

7.1 Booking Rosalpina provides for a payment to guarantee online bookings concluded with the Structures. As a form of guarantee of the reservation, the release by the User of the data of his credit card is foreseen, this will involve the immediate withdrawal of sums of money from his account, for the total in case of non-cancellable and partial reservation. in the case of a deposit based on the percentage indicated at the time of booking, or in the next few days before arrival.

7.2 In fact, the information systems for managing the credit card data of the booking User have the sole function of verifying whether at the time of booking the card number exists and if the validity date of the same has not yet expired, as well as proceeding to ascertain its availability, which is considered to exist starting from the minimum amount of 1 euro.

7.3 It is understood that the payment of the booked stay will, however, be made by the User directly at the chosen Facility, in the manner indicated by the latter, unless it is a non-cancellable booking.

7.4 Therefore, during the booking process, if the aforementioned form of guarantee has been optioned by the Hospitality Operator, the User will be required to enter the credit card details directly on the Platform in the case of online transactions or to communicate them to the staff of Hotel Rosalpina in the case of use of Reception Hotel Rosalpina, in a manner designed to preserve the confidentiality and protection of the data provided.

7.5 Hotel Rosalpina sas collects the data of the User's credit card through direct access by the latter to the Platform, through its Booking-engine (portal for direct booking). It is understood that the data will not be disclosed or transferred to third parties.

7.6 The credit card details may be used by Hotel Rosalpina in order to carry out any charges for the application of the penalty indicated at the time of booking, only in the following cases: i) in case of "No Show", that is to say in case of non-presentation of the User at the structure pursuant to the following art. 11; ii) in case of cancellation of the reservation outside the terms allowed by the General Contract Conditions or by the conditions of cancellation of the reservation (“Cancellation Policy”) of the accommodation facility; iii) in case of unjustified non-payment of the stay at the end of the stay; iiii) in the case of a non-cancellable reservation. 

7.7 The acceptance of these GTC is valid as a prior authorization for the Credit Institution to use the data entered by the User in case of application of the penalty.

7.8 The data collected, except for the fulfillment of legal obligations, will be immediately deleted at the end of the treatment.

7.9 The data released by the User are managed by information systems that comply with the PCI DSS (Payment Card Industry Data Security Standard) standards. All operations take place through connections protected by SSL (Security Socket Layer) protection codes and https (http secure) protocol.

7.10 Nevertheless, Hotel Rosalpina assumes no responsibility for the possibility of fraud, fraud or abuse by third parties of the credit card data collected during the booking phase, provided that this is not attributable to acts or facts attributable to them. by way of willful misconduct or gross negligence.

 

8 Guarantees - the confirmation deposit by bank transfer or credit card

8.1 The Hospitality Operator has the right to request, to guarantee the reservation of his / her structure, the payment by the User of a sum of money as a deposit pursuant to Article 1385 of the Civil Code and any down payment on the balance due.

8.2 This deposit represents a percentage of the total booked service, calculated on the basis of the measure communicated by Hotel Rosalpina to the User who pays the same, by bank transfer, using the bank details provided by the structure or by credit card for through the PayPal service or manual withdrawal from Pos. 

8.3 The deposit - once actually paid - is retained (also) as a deposit on the price of the stay.

8.4 If, after the confirmation deposit has been given, the User is in default, the Hospitality Operator may withdraw from the contract and keep the deposit paid; if the Hospitality Operator is in default, the User can withdraw from the contract and demand double the amount paid in accordance with this article.

8.5 In the event of a bank transfer, the reservation is made "subject to successful completion" of the payment of the deposit, to be considered as a resolutive condition pursuant to art. 1353 of the Civil Code.

8.6 The Hospitality Operator is therefore bound to consider the reservation valid for five calendar days from the date the reservation is sent. Within the same term (7 days), the User must make the transfer and send, by fax or e-mail, the copy of the bank transfer slip, bearing the CRO number (Operation Reference Code) or other equivalent code.

8.7 Once this term has elapsed without Hotel Rosalpina having evidence of the payment requested, if it intends to release itself from any obligation towards the booker, it must immediately contact the User in writing (via e-mail) to confirm the non-payment and consider fulfilled the aforementioned termination condition with liberating effects towards the User. The same liberating effects for the Hospitality Operator are also produced in the event that the attempt to contact the User fails due to failure to reply to the aforementioned e-mail by the same within twelve (12) hours from its sending. 

8.8 The User, by choosing to proceed with the payment of the deposit by credit card and providing the relative data during the booking process, gives a mandate to Hotel Rosalpina sas to withhold the amount established as a confirmatory deposit, by charging it. on the User's credit card. It is understood that in any case of refusal of the aforementioned debit operation, Hotel Rosalpina sas will be free to disengage from the booking without incurring any responsibility.

8.9 In the event of a reservation requiring the payment of a deposit by bank transfer and / or by credit card, the User and Hotel Rosalpina undertake to comply with the conditions set out in this article.

8.10 In the Booking Engine it is possible to use a bank transfer as a means of guaranteeing the reservation also called Confirmatory Deposit, it is up to the User to respect the deadlines indicated in the binding booking email received from our Booking Engine.

 

9 Guarantees - the "Under Date" booking 

9.1 In the event that the booking is "under date" that is to say the start of the stay within four (4) days (calendar) from the day following the booking itself, Hotel Rosalpina has the right, as soon as it receives the booking, to contact in writing by the User within the maximum term of twenty-four hours (24 h) from the booking, to request additional forms of guarantee other than those accepted by the User during the booking process.

9.2 In particular, the Hospitality Operator may ask the User:

a) your credit card details in order to immediately proceed with the payment of a sum of money, as a confirmatory deposit pursuant to Article 1385 of the Civil Code; this option can be exercised only in the event that the booking "under date" has been made by bank transfer and this has not yet been made by the User or in the case of the release of credit card data as a "guarantee" for the reservation; or

b) sending, within the deadline established by Hotel Rosalpina, by e-mail or fax, of the copy of the bank transfer slip, bearing the number of the Operation Reference Code (CRO) or equivalent. This only in the case of a bank transfer already made by the User.

9.3 It is understood that Hotel Rosalpina must exercise the aforementioned faculty in writing - via email or fax - and within a maximum period of twenty-four hours (24 h) from the booking with the consequence that, in the event of an oral request or a written request subsequent to such term, the reservation validly made in the system produces binding effects for the parties.

9.4 In all the cases provided for by the previous lett. a) and b) of art. 9.2, the User must comply with the request of Hotel Rosalpina sas within the terms indicated by it, being, otherwise, Hotel Rosalpina has the right to terminate the contract pursuant to art. 1456 cc.

9.5 It follows that Hotel Rosalpina can be considered exempt from any obligation towards the User, without the possibility for the latter to claim anything by way of compensation or compensation or any other title. This situation occurs, by way of example and not limited to, in the event of failure to communicate the card data by the User, failure of the debit of the deposit through the use of the credit card, failure to send the copy of the bill within the agreed term, of proven unavailability of the User within the same term of twenty-four hours (24 h) from the booking.

9.6 Conversely, if the User agrees to the request of the Hospitality Operator by paying the deposit or promptly sending a copy of the bank transfer slip, Hotel Rosalpina is obliged to send the User an email (or a fax) summarizing what he personally and directly agreed from scratch.

9.7 The deposit paid will also be retained as a deposit on the price of the stay. The provisions set out in the previous art. 8.8.

  

10 Beginning and end of the stay

10.1 The User has the right to use the booked services starting from 14.30 pm on the day of arrival established.

10.2 The booked services must end by 10.00 am on the day of departure.

10.3 In the event that the Guest does not vacate the accommodation by 10.00 am on the day of departure, Hotel Rosalpina has the right to invoice an additional day of stay.

10.4 In case of early departure of the User, Hotel Rosalpina has the right to request the total compensation provided and is also free, as far as possible, to relocate the unused units.

 

11 Withdrawal and cancellation of the reservation - No Show - Cancellation Policy

11.1 In application of art. 55 paragraph 1 letter. b) of Legislative Decree no. 206 of 06/09/2005 (Consumer Code), the right of withdrawal provided for by art. 64 of the same Code.

11.2 As regards the cancellation of the reservation by the User, these GTCs or, where present, the cancellation conditions provided by Hotel Rosalpina, apply, in mind of what is established in the previous art. 1.

11.3 The User who intends to cancel a reservation made through Booking Rosalpina, or otherwise, must notify Hotel Rosalpina in writing (fax or e-mail). However, it is understood that the notice of termination must be made within the agreed terms.

11.4 If this communication reaches the booked facility up to 20 days prior to the start of the stay (or the date indicated in the booking letter), the cancellation is considered freely exercisable and the User has the right to a refund of any deposit paid at the time. of the reservation, net of expenses incurred by the accommodation facility (eg costs for bank transfer), duly reported.

11.5 The refund will be made by bank transfer within 30 days of the necessary transfer of the amount, as determined in accordance with the previous paragraph.

11.6 In the event that the termination / cancellation occurs after the established term or does not occur at all (so-called No Show), Hotel Rosalpina sas will apply the following penalties:

• in the case of Noshow, 100% of the services booked;
in case of cancellation outside the free cancellation terms (as indicated at the time of booking) the following penalties are applied:
Cancellations made up to 21 days before arrival do not involve any additional cost.
The cancellation of the reservation from 20 to 8 days before the arrival date involves a penalty of 50% of the booked services.
The cancellation of the reservation from 7 to 5 days before the arrival date involves a penalty of 80% of the booked services.
The cancellation of the reservation within 4 days from the date of arrival involves a penalty of 100% of the services booked.

• in the case of supply by the User of the credit card details as a form of guarantee of the reservation, he / she may withdraw from the card the amount foreseen as a penalty and indicated in the card of his / her accommodation facility. In this case, the Facility must previously notify the User via e-mail or fax that it intends to debit the amount envisaged as a penalty. 

11.7 The non-presentation of the User at the booked facility by 18.00 pm on the established day is considered No Show, unless otherwise agreed.

11.8 Any modification by the User of the length of the stay already booked and / or the reduction of the number of reserved accommodations, must be agreed directly with Hotel Rosalpina and before the expiry of the free cancellation period.

11.9 To overcome all the problems of cancellations, we recommend that you proceed with travel insurance coverage within 48 hours of booking, all information is available on the home page in the Tourist Information section and Protect Your Vacation!. After making sure, please inform us of the policy number, which will be included in the payment receipt of the penalty, in case you happen to cancel your booking outside the deadline.

 

12 Replacement accommodation: unforeseeable circumstances or force majeure - Overbooking 

12.1 By sending the reservation, Hotel Rosalpina is directly bound towards the User and cannot withdraw from the reservation or cancel it, not even partially, being obliged to provide the booked service, unless the service has become impossible by chance or force greater than or except in cases of non-fulfillment by the User provided for in express termination clauses.

12.2 In this case, in fact, the contract with the User is terminated and Hotel Rosalpina is purely and simply required to return what may be received by the User to confirm the booking.

12.3 However and as long as there is the consent of the Guest, Hotel Rosalpina may make available to the User an alternative accommodation, in place of the one booked and no longer usable, provided that the former has characteristics equivalent to or superior to the latter.

12.4 Otherwise, in the event of unavailability of the booked service due to Overbooking or for other reasons attributable to the structure (such as for pre-eminent management reasons), the latter is obliged to offer its customer an alternative accommodation instead of category equivalent to or higher than the one booked, within the same structure or, possibly, in another structure that is located in the same place or in neighboring places, which belongs to a category at least equivalent to that of Hotel Rosalpina and which offers similar services or superior.

12.5 Any higher costs for replacement accommodation are fully borne by Hotel Rosalpina.

12.6 However, if the User refuses the replacement accommodation, the User will be entitled to a refund of double the confirmatory deposit paid at the time of booking, unless no deposit has been paid in which case Hotel Rosalpina is required to pay the User, as a penalty, a sum of money equal to 20% of the total stay originally booked. 

12.7 Similarly, if Hotel Rosalpina is unable or unwilling to find alternative accommodation with the characteristics described above and a confirmation deposit has been paid by the User, Hotel Rosalpina is required to return double the deposit received. Conversely, if no deposit has been paid, Hotel Rosalpina is required to pay the User, as a penalty, an amount of money equal to 50% of the total stay originally booked.

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