GENERAL TERMS AND CONDITIONS OF SALE

Together with the Booking confirmation, as defined below, these General Terms and Conditions of Sale:

(a)       govern the contractual relations between the Customer, as defined below, and PANISTERS.r.l., in its capacity as owner of “Casa Monti”, hotel located in Rome, Via Panisperna n. 210/212 (hereinafter, “Hotel” or “Casa Monti”);

and

(b)       apply to all bookings made on the internet, via the Website or the mobile services of PANISTER S.R.L., or on-site.

These General Terms and Conditions of Sale do not apply to group booking, that is meant to be any booking for a minimum of 5 rooms. For any group booking please contact the Hotel to agree on the terms to be applied.

The Customer acknowledges having read and accepted these General Terms and Conditions of Sale accessible on the Website prior to the booking. All online or digital bookings require the viewing and the complete and unreserved acceptance of these General Terms and Conditions ofSale. This acceptance is materialised by ticking the box provided for that purpose, then by confirming the booking. The Customer has the option of saving and printing these General Terms and Conditions of Sale using the functions of his browser or computer.

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PREAMBLE

1.             Prior to ordering services, the Customer represents and warrants:

(a)       that he has reached the age of legal majority, he is legally capable of contracting and he is not under any kind of protection regime, such as guardianship, curatorship or support administration as they may be established by domestic or foreign legislation, within the meaning of articles 343 and following of theItalian civil code; and

(b)       the truthfulness and the accuracy of the information provided by him or by any other person having made the booking in his name and on his behalf.

DEFINITIONS

Check-in: date of arrival at the Hotel.

Check-out: date of departure from the Hotel.

Customer: any client making a booking at Casa Monti.

Booking request: request to book Hotel rooms and additional services (meals, spa, etc.) made by the Customer.

Online booking/s: booking request made via the electronic booking form available on the Website.

Booking confirmation: electronic document which summarises the characteristics of the services booked by the Customer, and through which theCustomer enters his credit card details for prepayment or guarantee. Acceptance of the Booking confirmation is contractually binding on the Customer.

Website: electronic service operated by the Hotel on the internet and accessible at the address www.casamontiroma.com

BOOKING

a)         Generalities

1.            Bookings are made either online, notably on booking platforms (such asBooking.com) or on the Website or by telephone or email. All offers are subject to availability. Upon booking, the pre contractual exchanges of information or the provision of the contractual conditions take place in writing. They may be undertaken electronically under the conditions laid down by the law.

For Online bookings, an order is registered on the Website when the Customer accepts the General Terms and Conditions of Sale by ticking the box provided for that purpose and then confirming the order. This confirmation entails acceptance of all the General Terms and Conditions of Sale.

For Booking request by telephone, email, or on-site, the Hotel collects the relevant information by the Customer to register the Customer’s booking (telephone number, email address, bank details, deposit or guarantee, depending on the case, etc.). These formalities are mandatory for confirmation of the booking. In response to the Booking request, and when all information has been communicated by the Customer, he will receive a summary of his request by return of email, together with a copy of these GeneralTerms and Conditions of Sale. Written confirmation of the Customer on receipt of said email is valid as acceptance of the General Terms and Conditions ofSale.

2.            Once the Booking confirmation is received, together with the insurance details (if taken out) and any other document, the Customer must check that the information is correct. If any information is incorrect, the Customer must notify the Hotel immediately and, in any event, before accepting the Booking confirmation. The Hotel cannot be held responsible in case of erroneous information not notified within the above mentioned periods of time. Acceptance of the booking is subject in principle to the condition precedent of payment.

b)        Booking process

1.            The Customer acknowledges having read the nature, the purpose and the terms of booking of the services available on the Website or the Mobile Services andin the Booking confirmation and having sought and obtained the necessary and/or additional information to make his booking in full knowledge of the facts.

2.            The Customer is solely responsible for his choice of services and their suitability for his needs, such that the Hotel cannot be held liable in that respect.

3.            The booking procedure notably comprises the following steps:

a)         search and choice of the room and a rate;

b)         selection of one or more additional services, if required;

c)         verification of the booking details, its total price, the applicable Terms and Conditions of Sale, and any adjustments of the choice (room, rate, additional service), including the cancellation policy applicable to the booking;

d)         entry of the Customer’s contact details;

e)         viewing and acceptance of the General Terms and Conditions of Sale and of the terms and conditions of the rate booked, including the cancellation policy applicable to the booking, before confirming the booking;

f)          receipt by the Customer of the Booking confirmation;

g)         entry of bank/credit card details in case of guarantee or prepayment request;

h)         validation of the booking by the Customer.

c)         Acknowledgement of receipt of the booking

1.             The Website and the Mobile Services of the Hotel will acknowledge receipt of the Customer’s booking by promptly sending an email to the Customer at the email address he has entered.

2.             In the case of an Online booking, the email acknowledgment of receipt will summarise the contract offer, the services booked, the prices, the terms and conditions relating to the rate selected and accepted by the Customer, the date the booking was made, the dates and duration of the stay, information relative to after-sales service, and the address of the Hotel’s address or email  to which the Customer can send any complaints.

3.             Only the written confirmation of registration of the booking by the Hotel is valid as booking.

d)        Packages(Offers)

Packages (or Offers) are offered for sale and include a hotel service plus related products. These offers are available upon booking, depending on the period, but also according to the occupation of the Hotel.The Hotel reserves the right to withdraw these offers at any time before sending the Booking confirmation.

The Customer is informed of all related products which are included in the package during the booking process. The details ofthese packages can also be viewed on the Website.

No deposit is due by the Customer at the time of confirmation of the stay. 100% of the amount of the stay is then due on the daythe period for cancellation and amendment ends.

For any question or confirmation concerning the packages, please call the Hotel.

PRICE AND PAYMENT

1. The prices relating to the booking of room and services are indicated before and at the time of booking.

2. The prices indicated are per room for the number of persons and the date selected by the Customer.

3. Without prejudice to point 7 below, prices are confirmed to the Customer at a tax-inclusive amount, in the commercial currency of the Hotel, and are only valid for the duration indicated on the Website or on the mobile services.

4. All bookings, regardless of their origin, are payable in the local currency of the Hotel save in the case of special provisions indicated on-site.

5. Unless mentioned otherwise on the Website or on the Mobile Services, additional services (breakfast, half board, full board, etc.) are not included in the price.

6. Prices include VAT applicable on the date of order, and any change in the applicable VAT rate will be automatically passed on to the prices indicated on the billing date.

7. Prices do not include:

(i) tourist tax that is due, per person and per overnight stay, to theMunicipality of Rome according to the rules applicable at the time of stay and that must be paid by the Customer at Casa Monti;

nor

(ii) any other charges and taxes not expressly stated in theBooking confirmation.

Any change or introduction of new legal or regulatory taxes imposed by the competent authorities will be automatically passed on to the prices indicated on the billing date.

8. The conversion into foreign currency is given for guideline purposes and is not contractual. Only the currency confirmed upon booking is guaranteed (if this currency is different to that practised at the Hotel, any foreign exchange fees will be payable by the Customer).

9. The prices mentioned on the Website are subject to change by the Hotel at any time without prior information or notice. Only the price indicated in the Booking confirmation is contractual and binding.

10. Some promotional offers available on the internet are sold exclusively on the internet, so only remotely, and not ever on Hotel Reception.

11. No stay booked before any promotional offer is introduced will be refunded, even partially.

12. The Customer communicates his bank details in guarantee of the booking, save in the case of special conditions or rates, by credit card (Visa,Mastercard, American Express...), indicating directly in the field provided(secure entry by SSL encryption) the card number, without spaces between the figures, and its expiry date (it is specified that the bank card used must be valid at the time of the stay), and the CVC in the case of prepayment.

13. The Hotel requires the Customer to show the bank card having guaranteed the booking or made the prepayment upon check-in. The Hotel reserves the right to credit the bank card previously debited and debit the new bank card presented upon check-in. An identity document may also be requested for the purposes of prevention of bank card fraud.

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Right of withdrawal by the Customer and amendment or cancellation by the Customer

In compliance with Article 59 of the Italian ConsumerCode, the Customer is informed that consumers do not have the right of withdraw all aid down by Articles 52 -58 of the same Code.

The booking can be cancelled, amended or refunded depending (i) on the rate selected; and (ii) on the conditions indicated in the Booking confirmation.

The conditions of cancellation and amendment are displayed when the Customer books and are also indicated in the Booking confirmation sent to the Customer.

For any request relative to a cancellation or refund policy, the Customer may contact directly the Hotel.

The conditions of cancellation and amendment for flexible rates are available until 15:00 (Italy time) of the last day of validity. For example, for a booking that can be cancelled and refunded up to48 hours before the date of arrival, with a date of arrival set for 15 July, the cancellation or amendment of the stay is valid until 13 July at 15:00(Italy time).

For any complaint not falling within the scope of the General Terms and Conditions of Sale, the Customer should rely on his personal insurance policy, if any.

For any stay of over 7 nights (from the 8^th night), the special conditions which will be confirmed by the Hotel apply.  

Any cancellation or amendment, when allowed, must be notified in writing by the Customer who must check its proper and timely receipt by the Hotel (electronic format accepted) with respect for the given timeframes, with the date of receipt of the email or the post mark evidencing this.

Any late notification of the cancellation will entail application of cancellation fees amounting to the tax-inclusive cost of the first night and the additional services booked by the Customer, unless specifically stipulated otherwise.

Amendment or cancellation by the Hotel

1. In case of exceptional event or impossibility of providing the room booked to the Customer, the Hotel reserves the right to offer another date to the Customer with services at least of the same nature, and subject to the prior agreement of the Customer. The Customer may also request the total refund of any sums already paid.

2. Any booking or payment which is unlawful, inoperative, incomplete or fraudulent for a reason attributable to the Customer will entail cancellation of the booking at the cost of the Customer, without prejudice to any other civil or criminal action against him.

3. The Hotel reserves the right to refuse a Customer or a group if their presence appears liable to harm the tranquillity and the security of the Hotel, or in case of previous difficulty with that Customer or that group.

Force majeure

1. Force majeure includes any event external to the parties presenting a nature that is unforeseeable, insurmountable and outside of their control, and which prevents either the Customer or the Hotel from fulfilling all or some of the obligations set out in the contract. The party asserting an event of force majeure must notify the other party thereof without delay, specifying its causes. Events of force majeure or exceptional circumstances are those habitually recognised by case law of the Italian Courts.

2. No party may be held liable to the other party in case of non-performance of his obligations resulting from an event of force majeure. It is expressly agreed that the force majeure suspends for the parties the performance of their reciprocal obligations, and that each party shall bear the costs resulting there from.

Stay at the hotel

1. Pursuant to the applicable legislation, the Customer may be asked, on arrival at the Hotel, to complete a registration form and to present an identity document.

2. The Hotel allows some pets when they are kept on a lead or in a cage in the shared areas of the building and are not likely to cause damage or generate a nuisance for customers and staff. Permission must be requested of the Hotel in advance, together with the information about the pet. For hygiene reasons, pets are not allowed in the restaurants or the spa. Hotel staff will not access the bedroom unless the owner is there. During the hours of cleaning services, the animal must be removed, or the owner must be present. Additional costs are applied per animal per night. Customers are responsible for any damage caused by their pet.  

3. Any behaviour contrary to good morals and public order will lead the Hotel to ask the Customer to leave the establishment without any compensation, or any refund if payment has already been made. In the event where no payment has yet been made, the Customer must pay the price of the nights spent before leaving the Hotel. The Hotel also reserves the right to amend or cancel bookings, as well as the rates and conditions, if the rooms are used for other purposes such as, but not limited to, parties, dinners, meetings, photo or video shots, film shoots or interviews, showrooms, etc., without the prior written agreement of the management of the Hotel. The number of customers in the rooms may not exceed the number of persons mentioned on the booking and cannot exceed the maximum capacity of rooms declared to the police headquarters. The same applies in case of non-compliance with the Hotel’s non-smoking policy.

4. During their stay at Casa Monti, guests undertake to behave respectfully towards the environment and other hotel guests. In case of serious misconduct, the Hotel may ask the Customer to leave the building without any compensation and/or without any refund if payment has already been made.

5. Smoking is prohibited in the Hotel, both in common areas and private spaces. The Customer accepts and commits to abide by this policy, and unconditionally authorizes Hotel to charge an amount of € 250 to the credit card provided as a guarantee in case of violation of this prohibition.

6. The Customer also undertakes to use responsibly all equipment and items made available to him, in both the shared and the private areas. For your full information, the list of items stored in the private area and their value is mentioned on a register available at Reception on request upon arrival at the Hotel, and/or displayed in the rooms. At the end of the stay, the liability of the Customer may be engaged in case of damage, loss, theft or destruction of any item on said list, and he will be bound to compensate the subsequent loss sustained by theHotel.

7. In any event, the Customer accepts and unreservedly authorises the Hotel to debit from the card authorisation left in guarantee up to an amount of €250 for any damage, destruction or disappearance of any item from the room or a shared area of the Hotel. In any event, the Customer must bear all financial consequences of the damage he causes.

8. When the guest uses the 'Minibar' service and consumes additional chargeable beverages without specifying it upon departure, Hotel reserves the right to charge the equivalent amount for the consumed products to the credit card provided as a guarantee, following the room inspection, even if the guest has already departed and settled the invoice for their stay. Please note that the Minibar rates are also available for reference on the Hotel's mobile application via the QR code located in the room or on the tablets in the suites.

9. The Hotel offers free Wi-Fi access enabling Customers to connect to the internet.The Customer undertakes that the IT resources made available by the Hotel will not in any way be used for the purposes of reproduction, representation, provision or communication to the public of works or items protected by copyright or a performing right, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the permission of the rights holders, when this permission is required under any applicable law.If the Customer does not comply with the aforementioned obligations, he may be accused of an offence of infringement and be directly liable for any consequences thereof. The Customer is furthermore bound to comply with the security policy of the Hotel’s internet access provider, including the rules of use of the security resources implemented with the aim of preventing the unlawful use of the IT resources.

10. The Hotel declines any liability in case of theft, loss or damage to effects belonging to Customers during their stay and resulting from their acts(negligence, failure to comply with hotel security instructions, etc.).

11. The Customer shall be held responsible for any damage, deterioration or act of vandalism that may occur owing to the occupation of the premises and/or the participants and/or the staff under his responsibility, both to the movable property and the building, whether or not belonging to the Hotel, and for any damage caused to the other customers of the Hotel. Due to this, the Hotel has the right to ask the Customer to compensate the damages caused by his acts and to leave the establishment without any compensation and/or refund.

12. In providing the internet or wi-fi access to Customer, the Hotel may not beheld liable for any damage resulting from the use of the internet, such as theft or loss of data, hacking, virus, service outage, or other involuntary problems, or in the case of identity theft.

Privacy and personal data

1. When a Customer uses the Websites or the Mobile Services, notably when he makes a booking, the Hotel implements processing of personal data. The Hotel undertakes to process all personal data in compliance with European Regulation 2016/679and the Italian Data Protection Code no. 196 of 30 June 2003, as further amended and implemented.

2. Thus, the information collected within the framework of the Customer’s booking are used by the Hotel, its partners, its service providers, and all those whose assistance is necessary for the purposes of executing the booking or undertaking precontractual measures. All participants make every effort to respect customers’ privacy and the security of the data received, collected and processed.

3. In compliance with Italian Privacy Code GDPR, the Customer benefits from aright of access, rectification, opposition and erasure of his data, which maybe exercised at any time by sending an email to the following address: buongiorno@casamontiroma.com

4. The Hotel has video surveillance to ensure the security of its customers, its staff and its property. The images recorded in this device are not used for the purposes of surveillance or control of working hours. The images are kept for one month and can be viewed, in case of incident, by the authorised staff and by the police. In case of incident linked to the security of people and property, the video surveillance images may nevertheless be extracted from the device. They will then be kept on another medium for the time required to settle the procedures linked to that incident and accessible only to the persons authorised in that context. To exercise Data Protection rights, notably the right of access to images concerning the Customer, or for any information about the devices, the Customer can write to data@leitmotiv.fr

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Duration, enforceability and invalidity

1. These General Terms and Conditions of Sale apply throughout the duration of on-lining of the services by the Hotel on theWebsite and on the Mobile Services.

2. These General Terms and Conditions of Sale via internet may also be amended and/or supplemented at any time by the Hotel. In this case, the new version of the General Terms and Conditions of Sale via internet will be on-lined by the Hotel.Once on-lined on the internet, the new version of the General Terms andConditions of Sale via internet will apply automatically for all customers, save for bookings prior to the date of on-lining for which the previous version of the General Terms and Conditions of Sale accepted shall remain applicable.

3. The Hotel reserves the right, without notice, to temporarily or permanently close access to its Website and/or its Mobile Services on the online booking space.

4. In any event, the version of the General Terms and Conditions of Sale enforceable on the Customer is that in force at the time of his booking on theWebsite or the Mobile Services.

5. If one or more provisions of the General Terms and Conditions of Sale of theHotel is held to be invalid or declared as such pursuant to a law, a regulation, or following a decision of a competent court having obtained authority of res judicata, the other provisions shall remain valid and effective.

Language of the contract

1.            The language governing the contract is English.

Complaints and amicable settlement of disputes

1. To facilitate their processing, complaints relative to non-performance or poor performance of the hotel services must be notified directly to the Hotel in writing within eight days after the date of departure from the Hotel at the following email address: data@leitmotiv.fr or at the following phone number +39 06 45229523.

2. The Customer is informed by the Hotel of the possibility, in case of dispute relative to these General Terms and Conditions, of using a conventional mediation procedure or any other alternative method of settlement of dispute, including, for the consumers, those laid down in art. 141 and followings of theItalian Consumer Code.

Applicable law and jurisdiction in case of dispute

These General Terms and Conditions of Sale are governed by Italian law.

Without prejudice to the provisions of theItalian Consumer Code, any dispute that may arise between the Customer and PANISTER S.r.l. must be brought exclusively before theCourt of Rome.