Terms & Conditions
General terms and conditions for room bookings / vouchers
1. Area of application
a. These Terms and Conditions apply to contracts for the rental of hotel rooms for lodging purposes, as well as to all other related services and deliveries of the hotel.
b. The Contractor's terms and conditions shall only apply if expressly agreed in writing.
2. Conclusion and content of the contract
a. Offers of the hotel are always subject to change. The contract is concluded upon acceptance by the hotel. The hotel is free to confirm the room reservation in writing.
b. If the booking is made in the name and for the account of a third party (guest), the person making the booking (e.g. travel agency) and the guest are jointly and severally liable for all claims of the hotel arising from the concluded contract.
c. The subletting and re-letting of the hotel rooms provided as well as their use for purposes other than lodging are generally not permitted and require the prior written consent of the Hotel.
d. Unless otherwise agreed, hotel rooms are to be occupied from 3 p.m. on the day of arrival (check-in time) and vacated by 10 a.m. at the latest on the day of departure (check-out time). After that time, the hotel may charge an agreed flat rate for late vacating the room for use in excess of the contract until 5:00 p.m.; after 5:00 p.m., 100% of the daily rate is charged. Contractual claims of the customer are not justified by this.
3. Prices, payment
a. The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.
b. The customer is obligated to pay the hotel's agreed price for the accommodation and other services used by the customer. This also applies to services and expenses of the hotel to third parties arranged by the customer. For services after 11:00 p.m., the Hotel is entitled to charge tariff-related nighttime surcharges per hour or part thereof for the provision of staff.
c. The agreed prices include the respective statutory value-added tax, unless otherwise agreed. If the period between conclusion and fulfillment of the contract exceeds four months and if the price generally charged by the hotel for such services or the statutory value-added tax increases, the hotel may raise the agreed price appropriately, but by no more than 10%.
d. Invoicing shall be in Euro. In the case of foreign means of payment, exchange rate differences and bank charges shall be borne by the party obliged to pay. Advance payments in foreign currency are credited to the total invoice on the date of the value date.
e. Hotel invoices are payable within 5 days of receipt of the invoice. In the event of late payment, the hotel is entitled to charge the statutory default interest in accordance with GvD 231/2002. The customer reserves the right to prove lower damages, the hotel reserves the right to prove higher damages.
f. The hotel is entitled at any time to demand a reasonable advance payment in the form of a deposit for confirmation in accordance with Art. 1385 ZGB. Unless the amount of the deposit for confirmation and the dates of payment have been agreed upon differently in writing in the contract, the following advance payments are agreed upon:
For individual bookings: 30% of the total price of the stay within 4 working days of the conclusion of the contract.
g. Complaints regarding the invoice must be reported to the hotel immediately after the invoice has become known.
h. The form of invoicing (recipient) shall be notified to the hotel accordingly when the order is placed or at the latest when the service is completed.
4. Cancellation by the hotel
a. If an agreed advance payment is not made, even after a reasonable grace period set by the hotel has expired, the hotel is entitled to withdraw from the contract.
b. Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, without any obligation to pay damages, for example if
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract,
- room bookings are made under misleading or false indication of material facts, e.g. in the person of the customer or the purpose
- the hotel has reasonable cause to believe that the accommodation may jeopardise the smooth operation, safety or public reputation of the hotel, without this being attributable to the hotel's sphere of control or organisation, or
- there is a breach of the above point 2, c.
c. The hotel shall inform the customer immediately of the exercise of the right of withdrawal. If the hotel's withdrawal is justified, the customer shall not be entitled to claim damages.
5. Cancellation by the customer (cancellation) / non-use of services / early departure
a. A withdrawal of the customer from the contract must be made in writing.
b. Cancellation:
In case of cancellation on the part of the guest or is the guest obliged to pay the following cancellation fees:
If you withdraw from your booked holiday up to 120 days before the start of the trip, we charge fixed fees of 200 euros.
- Cancellation from 119 days to at least 28 days before the day of arrival: the fishing of the agreed total price;
- Cancellation 27 days up to 7 days before the arrival date: 80% of the agreed total price;
- For cancellations within the last 6 days before arrival we charge 100% of the agreed total price
- Cancellation on the day of arrival: 100% of the agreed total price.
Cancellation must be made by unilateral written notice and must be received by the Hotel at the latest within the above mentioned periods (120,28,6,1 days) before the agreed date of arrival of the Guest(s).
If the booked rooms are not taken over for the agreed period of time without cancellation, the Guest or the Ordering Party is obliged to pay 100% of the agreed total price (the agreed price is that for accommodation, meals and any other services).
If not all booked beds are occupied or cancelled, the percentage refers only to the agreed price for the unoccupied or cancelled beds.
If you do not arrive within 8 p.m. and do not notify us, the booking will be cancelled and the above-mentioned cancellation fees will apply.
c. Cancellation within the meaning of the above provision shall also be deemed to be a change in the scope of the contract due to late arrival or early departure.
In case of late arrival, the guest(s) are obliged to pay 100% of the total agreed price.
In case of early departure of the Guest(s), the Guest(s) is/are obliged to pay the price for the days enjoyed and to pay 100% of the agreed price for the agreed remaining but unused services.
6. Liability of the hotel
a. Claims for damages, regardless of the legal basis, are excluded unless the hotel can be accused of intent or it is liable for its own gross negligence or gross negligence on the part of its legal representatives or executive employees and other vicarious agents or the claim for damages results from the breach of material contractual obligations. In all cases of simple negligence, liability is limited to the amount of foreseeable damage typical for the contract. The liability for damages resulting from injury to life, body or health remains unaffected.
b. If the customer is a guest staying at the hotel, the hotel is liable for items brought in in accordance with Art. 1783 Italian Civil Code. Civil Code to one hundred times the room price.
7. Liability of the customer
a. The customer is liable for damage to buildings and/or inventory caused by himself, his family members or guests, according to the legal regulations. It is the customer's responsibility to take out adequate insurance for such liability cases.
8. Vouchers
- Vouchers are valid if they are issued directly by the hotel, they must bear the Borgo Tre brand and the voucher number, otherwise they will not be accepted
- Voucher validity: Vouchers containing a € amount cannot lose their validity. They also do not have to bear an expiry date. Service vouchers are valid for 1 year . After 1 year service vouchers expire automatically.
- Vouchers must be submitted in their original condition in order to be validly redeemed.
9. Final provisions
a. Changes or additions to the contract, including this written form clause, must be made in writing.
b. Written notifications to our customers are deemed to have been received on the third day after posting if they were sent by the hotel to the last known address. In the case of transmission by fax, the transmission protocol shall be deemed proof of delivery. The same applies to written notifications (mail, fax) sent by the customer to the hotel. If a document is handed over by the customer in person, effective receipt is only given if the document has been handed over to the employee responsible for this contract and countersigned. Outside business hours, the document may be handed over to third parties in exceptional cases only to members of the management with a countersignature.
c. The place of performance and payment is the registered office of the hotel.
d. Exclusive place of jurisdiction, also for disputes concerning cheques and bills of exchange, is Bolzano.
e. Italian law shall apply.
f. Should individual provisions of these General Terms and Conditions be ineffective or void, the effectiveness of the remaining provisions shall not be affected. In place of the invalid provision, a valid provision that comes as close as possible to the invalid provision shall apply. The same applies in the event of contractual loopholes.
g. In all other respects the statutory provisions shall apply.