Lindbergh Hotels & Resort General Terms and Conditions
This document contains the General Conditions of Contract governing the acquisition of stays made remotely via the Internet and thus the contract that is entered into with the users of the sites of the various properties belonging to the hotel chain Lindbergh Hotels & Resort.
In any case, the use of the online booking system found on these sites implies the acceptance and application of these general conditions.
Lindbergh Hotels & Resort reserves the right to change these conditions without notice.
Acceptance of the General Conditions of Sale.
By using the online booking service and sending the purchase order electronically, the Client unconditionally accepts and agrees to comply with these General Conditions, declaring that he has read and accepted all the information contained therein under the rules referred to above, recognizing also that Lindbergh Hotels & Resort will not be bound to different conditions unless previously agreed in writing. The annulment or invalidity, in whole or in part, of one or more articles of these General Conditions does not in any way affect the validity of the other articles contained in the contract, which are to be considered valid and effective.
Commitments of the client.
a. The submission of the booking request implies the complete knowledge of the same Conditions and their full acceptance.
b. The Client commits himself and obliges, once the online purchase procedure has been completed, to print and keep these Conditions, which have already been viewed and accepted during the booking process, in order to fully satisfy the condition set out in articles 52 and 53 of Legislative Decree no. 206/2005.
c. In order to be able to purchase Lindbergh Hotels & Resort accommodation services, you must be at least 18 years of age or be of legal age in your country of citizenship. However, any bookings regularly completed, even if made by minors, prohibited or unqualified, will still be fully valid and effective.
Method of purchase.
a. On the website of each property belonging to the Lindbergh Hotels & Resort chain, the various accommodations available from time to time are described with the relevant service, the relevant rates and the relevant special conditions (including those relating to deposits, payments, cancellation of the reservation, etc.).
These rates include VAT (except in the event of an increase in the relative rate, in which case the Client is required to pay the difference) but do not include any taxes due under local regulations, such as the Italian tourist tax, which must be paid directly to the hotel.
b. The Client will choose among the various available accommodations the one he/she likes according to the relative rate and the relative special conditions indicated at the time of booking, which are accepted at the time of sending the purchase order.
Before submitting this order and therefore before confirming the booking request, the Client will see a summary of the total cost of the services requested; the Client is required to check this summary before proceeding with payment (if required by the chosen rate) or to provide credit card details as a guarantee.
Depending on the rate chosen by the Client, when placing the purchase order the Client will be asked to choose the method of payment (including bank transfer, credit card, etc.) or enter the details of a credit card to ensure the exact performance of his obligations.
After sending the said purchase order (or, as provided for by the chosen rate, after making the payment of the amount indicated in the summary of services or a down-payment/deposit, or after entering the details of the credit card as a guarantee), the Client will receive an email to the address indicated by the same containing the summary of the order, the booking number, the specifications of the service booked and the conditions of cancellation of the same.
Execution of the contract
The contract is finalized with the acceptance of the purchase/reservation order by Lindbergh Hotels & Resort.
Depending on the selected rate, Lindbergh Hotels & Resort will only definitively confirm the reservation once either the payment has been made or the credit card information to be used as a guarantee has been received.
If this has not occurred, the client has no claim.
Exclusion of the right of withdrawal Article
Article. 47 of Legislative Decree no. September 6, 2005 206 c.d. "Consumer Code" expressly excludes the applicability of the rules of contracts concluded away from business premises, distance contracts and the related right of withdrawal for contracts that fall within the scope of application of the rules concerning travel, holidays and all-inclusive networks.
Penalty in case of cancellation or early departure
The special conditions relating to the type of accommodation/rate chosen – which are available before purchase on the various sites of the Lindbergh Hotels & Resort chain - also indicate any penalties that will be applied in the event of cancellation/revocation of the reservation by the Client.
In the event of early departure, Lindbergh Hotels & Resort is entitled to the payment of the entire reserved period.
Refunds
Any refunds due to the Client are made using the same means of payment used by the Client for the purchase of the service.
Beginning and end of the stay. Treatments.
In all the properties, the rooms are available from 2 p.m. on the day of arrival and must be vacated by 10 a.m. on the day of departure. Any early accommodation or the release of the room after these times are subject to the payment of a surcharge on site.
The Client who has booked half board accommodation is entitled to breakfast and dinner. For full board guests, the treatment usually begins with dinner on the first day and ends with lunch on the last day of the stay.
It is not possible to obtain discounts for included meals that are not used for any reason.
Notifications at the time of booking
Special requests or preferences indicated by the Client in relation to the rooms (such as: rooms nearby, on the ground floor, with double beds, etc.) are not binding on Lindbergh Hotels & Resort who will be free to accept them or not.
Rights of the Client.
The Client, whose reservation has been regularly confirmed by Lindbergh Hotels & Resort and then paid according to the rate chosen, has the right to make regular use of the services if booked in accordance with the rules of the accommodating property.
Obligations of the Client.
The Client is obliged, no later than at the time of departure, to pay all fees due, including additional fees, in connection with extra services which have been used by the same Client and/or the persons accompanying him, in addition to the tourist tax if applicable; the credit card indicated as a guarantee at the time of booking can be used by Lindbergh Hotels & Resort for the payment of all fees due, including additional fees.
The Client is also liable for any damage incurred by Lindbergh Hotels & Resort or third parties, including other Clients, caused by the Client or caused by persons for whom the Client is responsible.
The rights of the hotel
If the Client refuses to pay the fees due, including for the additional services purchased locally, Lindbergh Hotels & Resort, in addition to being able to use the credit card indicated as a guarantee at the time of booking, according to art. 2760 c.c., will also have the right to retain and seize the client's belongings located in the hotel.
The obligations of the hotel
The hotel is obliged to provide the reserved and confirmed services in a manner corresponding to their standard.
The hotel may provide the Client with adequate replacement accommodation (of equal quality), including but not limited to, in the event of an unusable room, in the event of an extension of the stay of the previous occupants of the room in question, in the event of overbooking and in all cases where the needs of the hotel require such a substitution.
Any additional costs associated with replacement accommodation are borne by the hotel.
Liability for damage to property
Lindbergh Hotels & Resort is only liable for damages incurred by the Client if the damage occurred on the premises of the property and the same or its employees are responsible for it.
Only when Lindbergh Hotels is unable to establish that the damage was not caused by Lindbergh Hotels & Resort itself, by its employees or by persons who frequent the property, Lindbergh Hotels & Resort is liable for items introduced into the premises by the Client, up to a maximum amount equivalent to one hundred times the daily rate paid, even in the event of deterioration, destruction or theft of objects, valuables, money and securities.
Lindbergh Hotels & Resort is not liable, however, if the damage or theft occurred as a result of the client's actions, force majeure or the very nature of the matter.
The storage of objects may be refused if they are dangerous (i.e. potentially causing damage), too bulky or of excessive value.
Items are considered to have been introduced into the property when they are taken over by a member of staff at the accommodating property or are taken to a place within the accommodating property for their safekeeping.
The Client must report the incident without undue delay to the management of the property so as not to lose the right to compensation (Article 1785 ter of the Italian Civil Code).
Maintenance
Lindbergh Hotels & Resort reserves the right to make modifications and carry out maintenance, even extraordinary, to the properties, even during the period open to the public. As part of the necessary maintenance activities, the Client will agree, without being able to claim refunds and/or compensation, that work will be carried out in rooms or other parts of the property during her/his stay at the same.
Animals
Pets are not allowed inside the accommodating properties.
Extension of stay
The Client cannot demand the extension of the stay, as this must always be requested in advance and then explicitly accepted by Lindbergh Hotels & Resort.
If the Client is unable to leave the Hotel on the scheduled date due to exceptional, extraordinary and unforeseeable circumstances (e.g. in the event of natural disasters, floods, strikes, etc.) and is objectively excluded from all possibilities to travel, the stay will be automatically extended for the duration of the impediment, even at other accommodations provided by Lindbergh Hotels & Resort.
In such cases, the latter shall be entitled to charge at least the rate applied during the low season.
Termination of the contract – unforeseen circumstances affecting Lindbergh Hotels & Resort
Lindbergh Hotels & Resort may terminate the contract with immediate effect if the Client:
uses the premises in a manner that seriously compromises the property or makes it unbearable to stay on for other guests, in a bullying, rude, disrespectful, scandalous or in any case reckless manner or is guilty of actions or omissions against Lindbergh Hotels & Resort towards staff, other guests and/or persons in the hotel, punishable by law as a crime if he/she is suffering from a contagious disease or from a disease the course of which exceeds the agreed period of stay, or if special medical treatment is required.
If the stay cannot be carried out due to events of force majeure (e.g. natural disasters, strikes, lockouts, orders from the authorities, etc.), Lindbergh Hotels & Resort may terminate the contract at any time without prior notice and without the Client being entitled to claim damages and/or compensation.
Complaints
If the Client is not satisfied with the services provided, a complaint must always be communicated without delay on site and directly to the management of the property.
Applicable law and jurisdiction
Italian law governs these terms and conditions, as well as the relationship between the Client and Lindbergh Hotels & Resort.
For any and all disputes that may arise between the Client and Lindbergh Hotels & Resort, the Court of Pesaro shall have exclusive jurisdiction, with the exclusion of any other court that may have jurisdiction.
“Mandatory notification pursuant to Article 17 of Law No 38/2006 - Italian law punishes with imprisonment offences concerning prostitution and child pornography, even if committed abroad”.
Pesaro, April 2018
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