TERMS AND CONDITIONS
LOVING SUITE
BACKGROUND
These Conditions regulate the online booking service from anywhere in the world of hotel facilities located in Cuba and present on the Lovingsuite.com website of the Loving Suite company registered at the Chamber of Commerce of … (specify the company name, if e.g. . srl etc.) (VAT number …) with registered office in … at Via … in the person of the legal representative pro tempore Mr. …. (CF …) born in … and resident in …, email …, pec …..
These Conditions also govern the relationship between the Loving Suite and the hotel provider in Cuba.
This contract is concluded with the supplier of hotel facilities, and is considered completed and will be valid when Loving Suite accepts, even by facta concludentia, the proposal / insertion of the Supplier.
The general terms and conditions of sale constitute, together with the presentation and description of the hotel structure contained on the site and the booking confirmation sent to the User, an integral part of the contract stipulated between the User and the Loving Suite.
Loving Suite undertakes to provide its services to the User with the widest professional diligence with regard to the nature of the activity actually carried out pursuant to art. 1176 of the Civil Code
SUBJECT – GENERAL SALES CONDITIONS
All the contents of the Site are protected by the copyright and property law of Loving Suite. The Site may not be reproduced, in whole or in part, transferred by electronic or conventional means, modified, connected and used, in particular for commercial purposes, without the prior written consent of Loving Suite.
The supplier of hotel facilities declares to be the owner of the rights on all the material (photos, brands, texts, contents) relating to the same facilities that it makes available to Loving Suite for the creation and configuration of the booking service, and that said material does not violate applicable laws or third party rights.
For the purposes of applying Directive 2000/31 / EC, it is expressly understood that Loving Suite has no obligation to supervise the contents and materials supplied and / or inserted by the hotel provider
The hotel provider authorizes Loving Suite to manipulate the texts and images provided, in order to create the best advertising message also in order to optimize it for webmarketing and SEO.
The Provider of hotel facilities transfers to Loving Suite the right to disseminate and display said contents for the sole purpose of implementing the Booking Service by the Users of the site.
The provider of hotel facilities grants Loving Suite the right to advertise the services of the Site using the images and names of the same and / or the name of the hotel provider, in online marketing, understood in the widest sense.
The supplier of hotel facilities declares to be in possession of the qualifications, regulatory requirements and authorizations necessary for the performance of the related services and services.
The Provider of hotel facilities will be responsible and obliged to compensate and protect Loving Suite, against direct damages and losses, responsibilities, obligations, costs, rights, claims of any kind, interests, penalties, legal proceedings and expenses (including, without limitation, costs and legal fees) for the violation of this Contract attributable to the Supplier or complaints from third parties caused by the (even alleged) violation of a right of the same committed by the Supplier.
The supplier of hotel facilities will be required to execute the obligation exactly as proposed through the lovingsuite.com website, under the conditions indicated in the listing. Unless otherwise specified, this Agreement with the Hotel Facilities Provider will be valid for 36 months. At the end of the contract, the same will be automatically renewed for a period equal to the period of time indicated in this contract.
The subject of the contract with the User is the booking service offered by Loving Suite of one or more hotel structures of the Supplier having different types as present on the lovingsuite.com website.
At the time of booking, the User will be required to pay the cost of the structure expressed on the site on the dates selected by the User.
Loving Suite, therefore, is an intermediary between the User and the hotel provider. Therefore, the contractual relationship concerning the supply of the chosen structure will only occur with the Supplier.
It is within the free right of the User to register on the lovingsuite.com site.
TERMS AND CONDITIONS
LOVING SUITE
BACKGROUND
These Conditions regulate the online booking service from anywhere in the world of hotel facilities located in Cuba and present on the Lovingsuite.com website of the Loving Suite company registered at the Chamber of Commerce of … (specify the company name, if e.g. . srl etc.) (VAT number …) with registered office in … at Via … in the person of the legal representative pro tempore Mr. …. (CF …) born in … and resident in …, email …, pec …..
These Conditions also govern the relationship between the Loving Suite and the hotel provider in Cuba.
This contract is concluded with the supplier of hotel facilities, and is considered completed and will be valid when Loving Suite accepts, even by facta concludentia, the proposal / insertion of the Supplier.
The general terms and conditions of sale constitute, together with the presentation and description of the hotel structure contained on the site and the booking confirmation sent to the User, an integral part of the contract stipulated between the User and the Loving Suite.
Loving Suite undertakes to provide its services to the User with the widest professional diligence with regard to the nature of the activity actually carried out pursuant to art. 1176 of the Civil Code
SUBJECT – GENERAL SALES CONDITIONS
All the contents of the Site are protected by the copyright and property law of Loving Suite. The Site may not be reproduced, in whole or in part, transferred by electronic or conventional means, modified, connected and used, in particular for commercial purposes, without the prior written consent of Loving Suite.
The supplier of hotel facilities declares to be the owner of the rights on all the material (photos, brands, texts, contents) relating to the same facilities that it makes available to Loving Suite for the creation and configuration of the booking service, and that said material does not violate applicable laws or third party rights.
For the purposes of applying Directive 2000/31 / EC, it is expressly understood that Loving Suite has no obligation to supervise the contents and materials supplied and / or inserted by the hotel provider
The hotel provider authorizes Loving Suite to manipulate the texts and images provided, in order to create the best advertising message also in order to optimize it for webmarketing and SEO.
The Provider of hotel facilities transfers to Loving Suite the right to disseminate and display said contents for the sole purpose of implementing the Booking Service by the Users of the site.
The provider of hotel facilities grants Loving Suite the right to advertise the services of the Site using the images and names of the same and / or the name of the hotel provider, in online marketing, understood in the widest sense.
The supplier of hotel facilities declares to be in possession of the qualifications, regulatory requirements and authorizations necessary for the performance of the related services and services.
The Provider of hotel facilities will be responsible and obliged to compensate and protect Loving Suite, against direct damages and losses, responsibilities, obligations, costs, rights, claims of any kind, interests, penalties, legal proceedings and expenses (including, without limitation, costs and legal fees) for the violation of this Contract attributable to the Supplier or complaints from third parties caused by the (even alleged) violation of a right of the same committed by the Supplier.
The supplier of hotel facilities will be required to execute the obligation exactly as proposed through the lovingsuite.com website, under the conditions indicated in the listing. Unless otherwise specified, this Agreement with the Hotel Facilities Provider will be valid for 36 months. At the end of the contract, the same will be automatically renewed for a period equal to the period of time indicated in this contract.
The subject of the contract with the User is the booking service offered by Loving Suite of one or more hotel structures of the Supplier having different types as present on the lovingsuite.com website.
At the time of booking, the User will be required to pay the cost of the structure expressed on the site on the dates selected by the User.
Loving Suite, therefore, is an intermediary between the User and the hotel provider. Therefore, the contractual relationship concerning the supply of the chosen structure will only occur with the Supplier.
It is within the free right of the User to register on the lovingsuite.com site.
The User is required to carefully read these general conditions of sale before submitting their booking request for the chosen facility. The reservation implies full knowledge and express acceptance of both the aforementioned general conditions of sale and of what is indicated in the procedure for purchasing the service.
For any request, doubt or question relating to the Data Protection Conditions and Policies, the User can contact Loving Suite using the appropriate contact form.
All published prices are inclusive of VAT.
Any right of the User to compensation for damages or indemnity is excluded, as well as any contractual or non-contractual liability for direct or indirect damages to persons and / or things, caused by the total or partial default of the Supplier of the booked facility. This is because Loving Suite acts as an agent, in charge of stipulating a property booking contract.
SCOPE OF
The hotel reservation service on the lovingsuite.com website constitutes a remote contract governed by Legislative Decree 9 April 2003, n. 70 containing the discipline of electronic commerce (e-commerce) and by articles 45 and following of the Legislative Decree 6 September 2005, n. 206 (“Consumer Code”) as modified by Legislative Decree n. 21/2014, in implementation of Directive 2011/83 / EU.
The hotel reservation service is also governed, albeit limited to the definition of intermediary, by the Tourism Code.
The applicable General Conditions of Sale are those in force on the date of transmission of the purchase order. They can be changed at any time. Any changes and / or new conditions will be in force from the moment of their publication on the Site.
The reservation service of the hotel facilities on the Site is allowed only to people over 18 years of age.
The booking service offered by Loving Suite is directed both to customers who have the quality of consumers and to customers who do not have this quality. Pursuant to art. 3, I comma, lett. a) of the Consumer Code, the Consumer is the natural person who acts for purposes unrelated to any business, commercial, professional or craft activity carried out. The insertion of the VAT number during the purchase procedure is considered to indicate the purchase for purposes related to the entrepreneurial, commercial, craft or professional activity carried out.
If one or more reservations through the Loving Suite site are made by a User who cannot be qualified as a Consumer, these general conditions of sale will apply but, notwithstanding the provisions in the same, the user will not be recognized the protections provided in favor of the Consumer, which reflect or comply with mandatory legal provisions; in addition, the contract concluded will be governed by Italian law.
The information or personal data provided by the User will be processed in accordance with the provisions of the Data Protection Policies. By using the website, the User authorizes Loving Suite to process such information and personal data, and declares that all information and / or the personal data provided to Loving Suite are accurate and truthful.
LIABILITY DISCLAIMER
The User declares and acknowledges that he has independently identified the hotel structure of interest on the Lovingsuite.com website owned by Loving Suite and has consequently requested the Loving Suite intermediary to purchase the single hotel service chosen on the site. internet mentioned above.
In any case, Loving Suite assumes no responsibility for all the data (contents, images, etc.) of the hotel structures as made available by the Suppliers, and reserves the right to take any initiative and action to protect its rights and interests.
The provider of hotel facilities undertakes to hold Loving Suite harmless from any claim by the user or third parties due to disputes relating to the activities and services of the same hotel provider towards the user. The hotel provider also undertakes to hold Loving Suite harmless from any claim by the user or third parties due to discrepancies between what is advertised by the hotel provider and what actually corresponds to reality, and analogously similar situations. The supplier of hotel facilities therefore undertakes to respond to the User’s expectations, according to a criterion of diligence ex lege to be assessed with regard to the nature of the activity carried out, in order to also protect the image of the Site, its full operation and functionality.
The hotel provider agrees that violation of this article may result in the immediate termination of the contract.
To registered users who have used the Loving Suite booking service, the Site may request an evaluation of the service and the product through a score or review. The supplier of hotel facilities acknowledges that Loving Suite, pursuant to the law, has no obligation to verify and / or supervise these assessments. Loving Suite is not considered, and in no case will it be held responsible for the content and consequences deriving from the publication or distribution of any score or review. Loving Suite reserves the right to decide the time limits for the publication of the scores and reserves the right to eliminate them in its complete discretion.
The User acknowledges and accepts that the service of the hotel facility booked on the lovingsuite.com site is not offered by the intermediary, but by third party Suppliers and is therefore governed by the conditions of sale applied by the third party provider of the individual hotel service.
The services requested have been chosen by the User in complete autonomy, without adhering to any pre-established combination of tourist transport services, accommodation and / or tourist services not ancillary to transport and suitable accommodation to configure a Tourist Package in accordance with current legislation (art.34 Tourism Code).
For this purpose, it is specified that the various elements possibly inferred in the contract are evaluated analytically by the contracting parties as individual services and not as a single provision.
It follows that Loving Suite is not responsible in any case for the failure to fulfill the obligations relating to the hotel service purchased by the User; in particular, reference is made to the provisions of the third paragraph of Article 22 of the CCV, according to which “The intermediary is not liable for the total or partial non-fulfillment of travel, stays or other services that are the subject of the contract”.
Loving Suite is only responsible for the obligations arising from its quality of intermediary within the limits set by the current regulations.
Loving Suite uses electronic communication networks and e-mail systems provided by third parties to request online reservations, for which the User acknowledges and accepts that Loving Suite cannot be held responsible for the interruption or malfunction of the same.
Loving Suite will not be liable for damages caused by delay, defective operation, inaccessibility, suspension and / or interruption of web or electronic communication services, loss and alteration of web pages or data entered by Users, as well as damage caused from computer viruses, damaged files, errors, software or hardware incompatibilities, unauthorized access.
Therefore, Loving Suite cannot be held towards the User, the subjects directly or indirectly connected to the User himself and / or third parties, to compensation for damages, losses or costs incurred as a consequence of the events mentioned above.
Any action against Loving Suite dependent on this contract or on the use of the Service must be started within one year of the occurrence of the event, under penalty of forfeiture.
Although Loving Suite provides its service on its site with diligence and attention, it is not responsible for any lack of accuracy, completeness and correctness of the information concerning the hotel structures, nor for any error, inaccurate, misleading or false information or its non-delivery. This is because the Supplier communicates all the details of its structure. Therefore, each Supplier is responsible at any time for the accuracy, completeness and correctness of information (including descriptive information), including rates / costs / prices, rules and conditions, and availability, displayed on the Loving Suite platform.
BOOKING AND PURCHASE METHOD
Step 1: access and possible registration
The User can choose to make the booking on the lovingsuite.com site as a Registered User or as an Unregistered User. Registration avoids having to enter the same data required for any subsequent reservations on the platform and offers the User the opportunity to register to receive strictly controlled communications. To make reservations from the Loving Suite website, you must be over 18 years old.
Step 2: enter billing addresses
If the User is registered, his billing information will be automatically displayed and can be changed if necessary. If the User is not registered, he will be asked to enter these data with each booking. Even unregistered users have the option to choose whether to receive controlled communications from Loving Suite.
Step 3: check and confirm
The User has the opportunity to check and confirm the booking details, including the billing address, the payment method chosen and the details of the hotel that you want to book. At this stage, no payment data is collected.
Step 4: Payment
The User is asked to enter the data relating to the chosen payment method. Once you click on the “Payment” button, Loving Suite processes the payment and completes the hotel reservation request.
The User can book the hotel facilities present in the Loving Suite electronic catalog at the time of signing the contract. In any case, it is understood that the image accompanying the descriptive sheet of a hotel structure has a purely illustrative function and may not be perfectly representative of its characteristics, not evident from the photos, due to the settings of the IT systems or devices used by users. .
The correct reservation of the hotel is confirmed by Loving Suite by means of an e-mail response, sent to the e-mail address communicated by the User. This confirmation message will include the date and time of receipt of the reservation and a ‘Customer Number “to be presented to the hotel at the time of check-in. The message reproduces all the data entered by the User who undertakes to verify its correctness and to promptly communicate any corrections, according to the methods described in this document. The user can also check the status of his order by accessing the web area dedicated to him under “Order status”.
Loving Suite must be able to request by e-mail or telephone any further information on the booking and, therefore, it is mandatory to enter real data on the order.
The cancellation of the reservation is possible … CLARIFY if you can cancel, within when and how, or if you keep a penalty.
Loving Suite may not process booking requests which do not give sufficient guarantees of solvency or which are incomplete or incorrect.
In case of non-acceptance of the booking request, Loving Suite undertakes to provide timely communication to the User.
The reservation request for hotel facilities, for all legal purposes, is intended as offered in Italy and the related contracts concluded in Italy.
AVAILABILITY’
The Loving Suite site is constantly updated automatically in order to ensure maximum correspondence between the availability communicated by the suppliers of the structures and those indicated on the site.
Loving Suite can cancel the reservation in case of unavailability of the structure, it being understood that no responsibility can ever be charged to the same, being the intermediary.
In these cases, it will inform the User via email that the contract is not concluded and that Loving Suite has not followed up on the reservation specifying the reasons. In this case, the sum previously committed to the User’s payment method will be refunded. The refund will be communicated by e-mail.
PRICES AND PAYMENT METHODS OF THE USER
All prices on the lovingsuite.com site are to be understood as prices to the public and, therefore, inclusive of VAT.
Loving Suite reserves the right to change prices at any time, without notice. In the event that an incorrect and / or clearly negligible price is published, for any reason (by way of example and not limited to: error in the systems, human error, communication error of the provider of the structure), the reservation will be canceled, even in case of initial validation.
The validity of the prices is always and only that indicated in the confirmation of booking that will be sent to the User following the booking and contextual payment of the cost of the structure (understand if in any case they must immediately pay the full amount)
The User can make the payment by Credit Card and Visa Prepaid Cards, American Express and MasterCard PayPal or sepa direct debits according to the methods and according to the economic conditions indicated in the booking procedure. By clicking on “Authorize Payment” the User will confirm that the credit card is owned by him.
6.3 At no time during the booking procedure Loving Suite is able to know the information relating to the User’s credit card, transmitted via a connection protected by an encrypted protocol directly to the site of the person managing the electronic payment (bank or Paypal).
In no case can Loving Suite be held liable for any fraudulent and undue use of credit and prepaid cards by third parties.
CHANGES AND CANCELLATIONS BY THE USER BEFORE DEPARTURE
The changes requested by the User to already confirmed reservations do not oblige Loving Suite in cases where they cannot be satisfied for any reason.
The change requests involve the charge and the adjustment for price deriving from the changes to the requested service and also involve the charge of the individual flat-rate fees for practical management (if provided) and the percentages of the travel price as indicated in the account statement .
MODIFICATIONS AND CANCELLATIONS OF THE SERVICE
The User acknowledges that the hotel provider may, in exceptional cases, make changes to the booked services at any time.
Although Loving Suite, as an intermediary is not responsible for the total or partial non-fulfillment of the services offered on the Site, nevertheless it will immediately inform the User, insofar as it is made aware by the supplier of the necessary information, in writing via e-mail, of the type of change.
Any refunds of the sums paid by the User will be arranged according to the regulations or laws applicable to each service provider.
After departure, if the User does not use for any reason an essential part of the services contemplated in the contract, he will not be able to make any claim on Loving Suite, which operates as an intermediary.
RIGHT OF WITHDRAWAL AND LEGAL GUARANTEE OF CONFORMITY
Even where the User is a Consumer, pursuant to art. 59, lett. n) of the Consumer Code, Legislative Decree 205/06, the right of withdrawal does not apply to contracts for the supply of services relating to accommodation, transport, catering, leisure, when at the time of the conclusion of the contract the professional undertakes to provide these services to a fixed date or within a set period.
Both Loving Suite and the supplier of hotel facilities have the right to withdraw from this contract with at least 60 (sixty) days’ notice.
However, Loving Suite reserves the right to withdraw from the contract with the supplier of hotel facilities, with immediate effect and without notice, where the latter proposes a higher price for the structure than the advert (s) present on others sites of intermediaries relating to the same structure (s); as well as in the event of an objective violation of any of the terms established by this Agreement, also relating to the relations between the hotel provider and the user.
CONTRACTUAL RESOLUTION AND EXPRESS TERMINATION CLAUSE
Loving Suite has the right to terminate the stipulated contract by simply communicating it to the User indicating the reason; in this case, the User will be entitled only to the refund of any sum already paid.
The obligations assumed by the User, as well as the guarantee of the successful completion of the payment that the User makes with the means referred to in art. 6, have an essential character, so that by express agreement, the breach by the User of only one of these obligations will determine the legal termination of the contract pursuant to art. 1456 cc, without the need for judicial judgment, without prejudice to the right for Loving Suite to sue for compensation for further damage.
CONFIDENTIAL INFORMATION
Loving Suite and the Provider of hotel facilities recognize and accept that, in the execution of this Agreement, each of them may have access to or be exposed to confidential information, direct or indirect, of the other party (the “Confidential Information”). Confidential Information, User data, number of visits and accesses, flows, business and marketing strategies, company, financial, technical and operational information, positioning data, information on tariffs, policies are considered of prices, conversion data, number of clicks and any other type of statistics, software and information on the software in use or provided by Loving Suite in relation to this Agreement, the terms of this Agreement and all that information that is not of public domain and that the disclosing party specifies as private and confidential or that the receiving party considers them to be. The Provider of hotel facilities accepts that all Confidential Information will remain the exclusive property of the disclosing party and the receiving party will not use it for purposes other than those established by this Contract. The hotel provider undertakes to safeguard the confidentiality and privacy of the User’s data which will be communicated to respond to the request for information, and to protect them from unauthorized use or publication. The supplier of hotel facilities undertakes to comply with Legislative Decree 30 June 2003, n. 196 on the management of personal data and on the protection of privacy.
Personal data must be deleted after replying to the request for information. In the event of the conclusion of the contract for tourist services, it will be the responsibility of the hotel provider to collect a new privacy consent for the management of personal data.
ONLINE DISPUTE RESOLUTION (Online Dispute Resolution)
Pursuant to and for the purposes of art. 14 of EU regulation n.524 / 2013, consumers resident in the States belonging to the European Union are informed that for the resolution of disputes relating to this contract and the online services offered by this site, there is the possibility of resorting to the Online Dispute Resolution (ODR), foreseen by the European Commission, and reachable at the following link: https://webgate.ec.europa.eu/odr/.
In compliance with the provisions of the aforementioned legislation, we also communicate that the Loving Suite e-mail address is …
COMMUNICATIONS
The User acknowledges, accepts and gives his consent to the fact that all communications, notifications, attestations, information, reports and in any case any documentation on the operations performed, referring to the booking of the service offered by Loving Suite, will be sent to the address of e-mail indicated at the time of registration, with the possibility of downloading information on a durable medium in the ways and within the limits set by the Site.
CUSTOMER SERVICE AND COMPLAINTS
You can request information, send communications, request assistance or submit complaints by contacting Loving Suite …, with headquarters in …, Via … n. …. Loving Suite will respond to complaints by e-mail or by post within a maximum of … working days.
APPLICABLE LAW AND JURISDICTION
These General Conditions of Sale are governed by Italian law and will be interpreted on the basis of it, without prejudice to any other prevailing mandatory rule of the country of habitual residence of the User.
For any controversy arising from the application, execution and interpretation of these General Conditions of Sale, the Court of … is exclusively competent to enter the city of Loving Suite as registered office for both the provider of hotel facilities and the user who has made the purchase for purposes related to entrepreneurial, commercial, professional or artisan activity.
For any dispute between the Consumer and Loving Suite, the court in whose neighborhood the Consumer has his residence or domicile is competent.
The User residing in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for the disputes of modest entity, by Regulation (EC) no. 861/2007 of the Council of 11 July 2007, provided that the value of the dispute does not exceed Euro 5,000.00, excluding interest, rights and expenses.
In compliance with article 1341 of the civil code those who sign declare with their click that they have carefully read all the articles of the above extended contract and unconditionally approve them, with particular reference to Articles 1-3 (limitations of liability), in art.10 (express termination clause) and in art. 15 (applicable law, jurisdiction and jurisdiction).
