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Terms and conditions
1. Object
This document lays down the General Sales Conditions (hereafter "GSC") prepared by Hotelyo s.r.l. (hereafter "Hotelyo") for the purchase of accommodation at hotel structures (hereafter the "Services") by users (hereafter "Customers") through the website www.Hotelyo.com and www.Hotelyo.it (the "Website") and constitutes a binding agreement between Hotelyo and the Customer.
2. Intermediary travel contract - status of intermediary and related liability under the international convention on travel contracts
In connection with the purchase of the Services mentioned in article 1, Hotelyo operates as an Intermediary under the terms of the International Convention on Travel Contracts (hereafter "ICTC") of 23 April 1970, ratified in Italy by Law no. 1084/1977.
According to article 1.3 of the ICTC: "Intermediary travel contract" means any contract whereby a person undertakes to provide for another, for a price, either an organized travel contract or one or more separate services rendering possible a journey or sojourn. While under article 1.6 "Travel intermediary" shall be any person who habitually or regularly undertakes to perform the contract defined in paragraph 3, whether such activity is his main business or not and whether he exercises such activity on a professional basis or not.
The travel intermediary is not liable for any of the obligations arising from organisation of the travel services, as laid down in article 22.3 of the ICTC, which reads "The travel intermediary shall not be liable for non-performance, in whole or in part, of journeys, sojourns or other services governed by the contract".
The Intermediary is liable only for those obligations that arise from his role as intermediary within the limits foreseen by current regulations. Indeed, the relationship between the Customer and the Intermediary is traditionally defined as part of the agency contract. The travel agent does not handle the services requested by its customers directly, but limits itself to providing "outside cooperation", which comes to an end once it has stipulated on behalf of the traveller a series of contracts relating to the provision of services that are essential for the travel service or travel.
Compensation for any damages suffered by the User due to non-performance on the part of the Intermediary when buying Tourist Services is regulated by the ICTC.
3. Rules governing all tourist services offered
The purchase of Services, as defined in article 1 constitutes a contract between the Customer and the chosen hotel according to current regulations and the conditions applicable to the individual supplier. The Customer accepts that the supplier of the individual service will be able to make changes to the purchase at any moment in time.
Under article 22.3 of the ICTC, the intermediary, as a travel intermediary, is not liable for partial or total non-performance of the travel arrangements, travel services or other services offered on the Site, but despite this the intermediary is required to pass on to the User by e-mail any important information provided by the supplier. Any reimbursements of the amounts paid by the User will be paid according to the regulations or laws applicable to each service provider, and the timing of such reimbursements will depend entirely on the individual suppliers. Moreover, the Intermediary will not be required to reimburse any damages deriving from Cancelations or modifications to the Services due to force majeure. Such events include, by way of example without this being an exhaustive list: wars, terrorist acts, national strikes, fires, epidemics, hurricanes and other effectively or potentially serious environmental disasters.
4. Effectiveness and amendments of the gsc
To make a reservation or buy the Services, the Customer has to read and expressly accept all of the GSC, as well as any particular conditions applicable to the individual Services, by ticking the box or clicking on the hyperlink provided for this purpose. If the GSC or special conditions for the individual Services are not accepted, technically it will not be possible to make a reservation or buy the Services.
The GSC applicable to the sale of Services are that published on the Website at the date of the purchase. The GSC can be changed at any moment in time, without warning, though such amendments will not be applied to Services purchased prior to the change.
It is therefore important that the Customer read the current text of the GSC carefully before making a reservation or buying the Services.
5. Duration of the offer
The Services offered for sale on the Website and regulated by these sales conditions generally remain valid for the entire period that they appear on the Website, subject to availability, though they may change from one moment to the next. The photos shown in the explanations are purely illustrative and do not have any contractual value.
6. Prices
All of our prices are shown in euros and include VAT.
Hotelyo offers Services at special, negotiated and public prices. The descriptions of the travel services shown on our web pages indicate the services that are included in the price, as well as any special conditions. The forfeit price of travel varies according to the period and the number of participants. Our prices are contractual rates. This means that no complaints can be made about the price of a travel service once the reservation has been made.
Unless mentioned otherwise in the offer, prices do not include:
- the cost of delivering Hotel vouchers;
- insurance cover;
- the exit taxes requested by certain countries, to be paid locally in cash when checking in;
- airport parking;
- visas and the cost of any administrative or health formalities required to make the travel service (vaccinations, medical treatment, etc.);
- any meals not included in the chosen plan, as well as those eaten during stopovers;
- drinks consumed at meals (including any bottled water consumed in hotels that do not have drinking water);
- telephone calls;
- optional trips and visits, entry to museums and other attractions;
- paid activities;
- personal expenses;
- tips, which in some countries are obligatory.
a. Indicated public prices.
The comparative price shown alongside the sale price, and/or the published discount rate, are established on the basis of the following prices: the "rack rate", i.e. the official price communicated to the authorities by the Hotels.
7. Duration of the journey
Prices are based on the number of nights and not on the number of whole days. By night we mean the period that the room is made available to you (for example, from 2.00 pm to 12.00 am the next day).
The first and last day is generally spent travelling. So if the first and last day or night ends up being curtailed because the airline timetable results in a late evening arrival or an early morning departure, this will not give rise to any reimbursement. The same applies if the travel service is extended.
8. Rerervation
The Customer who wants to buy the Services will have to express this desire by making a request directly through the website. Orders will only be accepted once the Customer has accepted the GSC, as well as any special conditions applicable to the individual Services, and communicated their credit card details. The GSC will be presented to the Customer during the purchase procedure. By clicking on the button "I accept the General Sales Conditions", the Customer declares that they have read and accepted them. Acceptance of the GSC mean that the purchaser recognises and accepts all of the conditions explained below on behalf of all of the travellers. Acceptance is the equivalent of a definitive reservation from which it is impossible to withdraw.
8.1 Acceptance of the offer:
The Services will be purchased through the Internet by choosing one of the travel services that are available on the pages of our website. A quote will be proposed which you can accept by clicking on "Book" and giving us the details of your credit card, which will be recorded in our protected system.
Hotelyo agrees to do everything possible to ensure that the contract precisely reflects all the details of your reservation. Hotelyo will not be liable in the event of missing information. The Customer is responsible for rereading the contract carefully and if necessary deciding not to accept it; if there are doubts, the Customer can contact the customer service department.
8.2 Offer availability and reservation vouchers
Normally, all of the services offered on the website are available. A few minutes after you have placed your order, the system will automatically send you e-mail confirmation indicating that your reservation request has been received along with your voucher; at the same time, the amount concerned will be charged to your credit card. Confirmation of the reservation (hereafter "reservation voucher") and the related invoice will be sent to you subsequently by e-mail as soon as possible (normally within 48 hours).
We will contact you if by chance the supplier tells us that the offer is no longer available. In this case, we will reimburse you immediately, crediting the amount in question to your credit card. To this end, the buyer will have to communicate an e-mail address to which Hotelyo can send any documents relating to the travel service or other information from Monday to Friday, 9.00 am to 6.00 pm. We recommend that you check your e-mail regularly up until the moment of departure.
9. Payment
Payment can be made by means of the following international credit cards:
- VISA cards, which show the VISA logo in blue, white and yellow on the right over the dove hologram;
- Euro/MasterCards with their distinctive "MC" hologram.
- American Express cards. For all purchases made by credit card, you will be charged the full amount of the order at the time the reservation is confirmed.
10 - Exclusion of the right of withdrawal
Unless otherwise foreseen in these general conditions, for all reservations and purchases of Services made with Hotelyo, you will not benefit from the right of withdrawal envisaged by law for remote sales as contained in article L 121-20-4 of the Consumer Code.
11 - Accommodation and travel
a. Hotel category: the number of stars given to a hotel in the description reflects the classification given under local rules in the country where the service is provided; standards may differ from those in Italy or other European countries. We try to be as accurate as possible in providing information on the standard of hospitality. The assessments that we make in our descriptions are based on our knowledge of the structures and feedback from our customers; they are therefore to be considered purely indicative without any express or tacit guarantee. We reserve the right to replace the hotel with another structure of the same category offering similar services if this proves necessary for technical reasons in the event of force majeure or due to the fault of others. These would be exceptional circumstances that you would be informed of as soon as we became aware of them.
b. Check-in and check-out of rooms: the international rules applicable to hotels stipulate that rooms are to be made available to guests from 2.00 pm on the day of arrival and that rooms should be vacated by 12.00 am on the day of departure. Unfortunately, it is impossible to make exceptions to this rule, so if a room is assigned to you at, say 10.00 am, the two hours extra (from 10.00 to 12.00) will be considered another night's stay and no rebate will be possible. Rooms will have to be vacated by 12.00 am on the day of departure.
c. Rooms:
- Double rooms. Double rooms usually have two single beds; less commonly a double bed.
d. Meals depend on the plan chosen:
- All inclusive. This includes bed & breakfast, lunch, supper and drinks during meals (such as mineral water, fruit juice, soft drinks, wine, local spirits) generally from 10.00 am to 10.00 pm. Some alcoholic drinks may not be included in this plan, in which case they would be billed directly by the hotel.
- Full pension. This includes bed & breakfast, lunch and supper. Drinks are excluded.
- Half pension. This includes bed & breakfast, lunch or supper. Drinks are excluded. Unless stated otherwise, full or half pension excludes drinks. In certain countries, hotels do not have drinking water, in which case it is the customer responsibility to buy bottled water. All supplementary consumption not included in the plans will have to be paid for directly at the hotel. During a stay at the hotel, local regulations will have to be respected, especially with regards to opening hours of the restaurants, bars and other places where meals can be eaten and food or drink consumed.
e. Activities suggested during the travel service: some of the suggested activities may involve risks, especially for small children. Hotelyo cannot be held responsible for any accidents or injuries caused through participation in such activities. Hotelyo does not guarantee that the local activities mentioned in the description will effectively take place and will in no case be liable if such activities are suspended by the local property that provides the service due to bad weather, force majeure, off-season travel or if a minimum number of participants to carry out the activity (e.g. group sports, baby club) is not reached. For example, at the beginning or end of the tourist season certain activities may not be available and all or part of the structure (restaurants, swimming pools, etc.) may be closed or subject to maintenance work. The number and frequency of group sports and other activities may vary according to the weather and the number of guests in the hotel. For example, in high season there may not be enough umbrellas, deckchairs or sports equipment to satisfy everyone. The opening hours of bars, restaurants and discotheques may be irregular and will depend on local management. Most of the beaches, even if defined as "private", are in fact open to the public and they may not be cleaned regularly. The sports activities suggested when you register are often organised by outside personnel who are not on the staff of the hotel. Taking part in the activity may therefore involve travel, which may have to be paid for by the individual customer. Such activities may also be Canceled, despite the organiser's willingness, if there are too few participants. This will not result in any form of rebate.
f. New-born babies: we would advise the parents of new-born babies to take everything that they need for their children's meals with them, as special baby foods may not necessarily be available in the destination country. You may be asked by the hotel for a contribution to services provided for heating baby foods and bottles for instance or to add a cot. These services should be requested at the time you make the reservation, even though we will not always be able to confirm availability.
g. Pregnant women booking thalassotherapy, balneotherapy or spa treatments: we would advise pregnant women to consult their family doctor before booking thalassotherapy or other such treatments that form part of a package, to ensure that they are suitable for women in their condition. We will inform you that not all treatments are suitable for women who are pregnant and in certain cases may not be possible. We would therefore request information pertaining for instance to which trimester of pregnancy you are in so that we can communicate this information to those who provide the service. We will not be liable in any case of damages caused by the treatment or by the fact that it was impossible to do; no rebate will be given under these circumstances.
12 - Photos
Hotelyo tries to give a realistic view of the services offered through the photos and illustrations shown on the website. However, the photos and illustrations given in the descriptions are to be considered purely illustrative; they do not bind Hotelyo except to the extent that they reflect the category or level of the services provided.
13 - Cancelation or modification on the part of the customer
Cancellation policy will be indicated under the details tab on each offer detail page. If the rate is cancellable, it will be possible to modify or cancel the reservation up to 72 hours prior to the arrival date. The refund will be issued in the form of a voucher which the customer may use to make an alternative reservation on Hotelyo.com, within 6 months from the emission date. Any voucher to go unused over that period of time will result in the loss of the value and does not entitle the cutomer to any reimbursment. Bookings made with vouchers cannot be cancelled and customer is not entitled to a refund.
14 - Protection of personal information
The personal data collected at the time of the reservation will be treated by Hotelyo in accordance with our Privacy Policy.
Hotelyo is not in a position to check whether the hotels make further use of such information as they are individually responsible for the way that they manage the personal data of their guests. We would advise users to consult the hotel's Privacy Policy or to make a specific request directly to the supplier to ascertain the manner in which their information will be protected.
15 - Complaints
Any complaint about non-compliance or inadequate compliance with the contract must be communicated to the provider locally, explaining the reasons for the complaint within twenty-four (24) hours of your arrival. If you do not receive any response, please ensure that the provider acknowledges your complaint in writing and then send a copy of this document as soon as possible and in any case within thirty (30) days of your return to: Hotelyo s.r.l., Via Tenca 14, 20124 Milano. Complaints that arrive any later than that will not be taken into consideration. You will be sent a receipt within seven (7) days of us receiving your communication to assure you that the question is being handled by the pertinent department. In most cases, a definitive reply will depend on how long the providers concerned take to answer. Complaints or claims will not be accepted by phone. A written request to reopen the matter will have to be sent to the department concerned. You will have to bear the expense of lodging any complaints. Our offices are not open to the public, so all complaints will have to be made in writing. Hotelyo sells individual travel, so complaints will have to be made individually (one for each reservation). Collective complaints will not be taken into consideration.
16 - Applicable law
Hotelyo is a trademark of Hotelyo s.r.l. an Italian company.
This contract is subject to Italian law and, in particular, to the International Convention on Travel Contracts ("ICTC") of 23 April 1970 ratified in Italy by Law no. 1084/1977, as well as to the provisions of Title III, Chapter I, Section II ("remote contracts") of Legislative Decree no. 206/2006 (the Consumer Code).
