ACCOMMODATION CONTRACT: RIGHTS AND OBLIGATIONS OF THE HOTEL.
Pursuant to this contract, the hotel company, hereinafter the HOTEL, will provide accommodation to the GUEST in the room and its accessories in exchange for a price per the number of days indicated in the Hotel Record Card. Under no circumstances may this term be over 30 consecutive days. 1.1. The room and the price or rate per night will be those that appear on the Hotel Record Card. Notwithstanding the foregoing, the HOTEL will be authorised to make a change of room and the GUEST must accept this, provided that it is to a room of equal or superior conditions or due to a situation of force majeure. 1.2. Check-in is from 1 pm on the day of arrival, while check-out is by 12 noon on the day of departure. The time period comprised between one and the other corresponds to the hotel day. Early check-in or late check-out will be subject to availability and the GUEST must pay the corresponding value. 1.3. Accommodation will be provided regardless of the time for which the GUEST remains in the room. Partial use causes the payment of the full rate. 1.4. The provision of the services that are the subject of this contract and any complementary services the hotel offers will be subject to availability and opening times, shifts or physical stocks of consumer goods, assets, facilities or spaces for these.
2.1. The price of this contract corresponds to the fee per night that the GUEST is obliged to pay and that reaches the sum indicated on the Record Card, including taxes, all of which will be described in the corresponding invoice. If taxes are not applied as it involves an operation that is exempt or excluded, the bill will apply the value of the rate free of taxes. 2.2. The GUEST undertakes to pay all costs for the concept of food, drink, laundry and, in general, all those generated during their stay and that they decide to charge to their account. 2.3. The GUEST declares that they have been informed of the rates, fees and, in general, prices of rooms per night with taxes. Rates may vary from one night to another. 2.4. Failure to make the payment agreed will generate late-payment interest at the maximum rate permitted, in accordance with the Superintendence of Finance, payable by the GUEST.
3. SAFE-KEEPING OF MONEY AND OBJECTS OF VALUE:
In compliance with Article 1195 of the Code of Commerce, the GUEST may give, upon receipt, to the HOTEL money and objects of value for safe-keeping. For this purpose, delivery must be made before the employee assigned by the HOTEL and a document must be made listing the money or objects handed over. The HOTEL will act as depositary, in the terms of Article 1196 of the Code of Commerce. Objects of value such as jewellery, cameras, money, computers, mobile phones, equipment or utensils that remain in the room or different service areas of the HOTEL will be at the sole risk of the GUEST as in this case the HOTEL will not be liable under any circumstances in the event of loss or damage.
4.1. OF THE HOTEL. 4.1.1. Provide the service that is the subject of the contract. 4.1.2. Address, receive, process and respond to the suggestions or complaints presented by the GUEST. 4.1.3. Safeguard the money and objects of value the GUEST hands over under receipt for safe-keeping, in the terms of Article 1195 of the Code of Commerce. 4.1.4. Comply with all other provisions established in Law. 4.2. OF THE GUEST. 4.2.1. Identify themselves upon check-in at the HOTEL with a suitable identity document, presenting their citizen identity card if they are Colombian or their passport if they are foreign. Minors must present a valid identification document. 4.2.2. Pay the value of accommodation plus the corresponding taxes. 4.2.3. Pay the value of all consumable goods and costs made to their account. 4.2.4. Behave and dress appropriately. 4.2.5. Be liable for the ordinary negligence of their obligations and those of their companions or guests. 4.2.6. Check-in at the HOTEL’S reception with all companions or guests staying in their room and pay the corresponding fee or value for each of them. 4.2.7. Respect the number of people per room. 4.2.8. The GUEST recognises that the practice of sport, physical exercise, the driving of boats or vehicles, using instruments or tools and, in general, all activity that involves a risk or that may be considered a hazardous activity, will be their own choice, under their sole responsibility, and it implies that the GUEST has sufficient skill and knowledge that enables them to accept said risks, exempting the HOTEL and its employees from any liability in the event the GUEST were to suffer harm or injury. 4.2.9. Use the furniture, belongings, equipment and, in general, facilities both in the room and of the HOTEL in a proper manner, preserving the condition in which they are found and therefore being liable for any damage or loss of HOTEL elements or assets, even for ordinary negligence. In the event of the full or partial loss or damage or HOTEL assets due to causes attributable to the GUEST or their belongings, this will be recognised at the price set by the HOTEL, plus an additional 50% by way of penalty. 4.2.10. Respect the authority of HOTEL Management. 4.2.11. Allow the right to inspect and/or monitor the room by HOTEL employees. This right will be exercised in a reasonable manner and includes the authority to enter or check the room when necessary in the opinion of HOTEL Management. 4.2.12. Allow HOTEL employees access to undertake routine and room cleaning tasks.
5. TERMINATION OF THE CONTRACT.
The accommodation contract will terminate when the following events occur: 5.1. Expiry of the agreed term. 5.2. Non-compliance with any of the obligations of the parties and possibly due to non-compliance with payment of the price or fee payable by the GUEST or due to non-compliance with payment for the food, drink and all other complementary services the GUEST may have charged to the room or their personal account. 5.3. In events that, at the exclusive discretion of the HOTEL, the behaviour or clothing of the GUEST is inappropriate or, in the opinion of the HOTEL, impinges upon the tranquillity and/or health standards of all other HOTEL guests or visitors. Note: Termination of the contract will not exempt or free the GUEST from payment of pending balances.
6. EFFECTS OF TERMINATION.
6.1. Upon termination of the contract, the HOTEL may freely use the room. 6.2. Upon termination of the contract and regardless of the cause of termination, the HOTEL remains authorised to enter the room, drawn up and sign an inventory of the belongings and baggage of the guest in the presence of two (2) witnesses, and remove them from the room to leave them in a secure and suitable store, with the HOTEL not liable and at the risk and expense of the GUEST. 6.3. The HOTEL has the right to retain GUEST belongings and luggage found in the room and, therefore, should a balance pending payment by the GUEST exist, the HOTEL will refuse to hand over the belongings or luggage until the totality of the balance pending payment has been paid. 6.4. IF the GUEST does not pay the pending balance and thirty (30) days have passed from the day the GUEST failed to make the payment, the HOTEL may dispose or and sell the belongings and luggage of the GUEST to cover the pending obligations, including late-payment interest caused, plus all costs and expenses for storage and, in general, those the HOTEL has suffered due to the GUEST’S failure to make the payment. The excess, if one exists, will be made available to the GUEST and, in the event of a deficit, the HOTEL may commence the corresponding actions to obtain the full payment of the amount owed.
7.1. The HOTEL does not permit sex tourism or the sexual exploitation or abuse of children or adolescents. The GUEST may not take minors under eighteen (18) years old into their room for sec tourism and anyone doing so will by subject to a prison sentence of 5-10 years and a fine of 50-100 times the current legal monthly minimum wage. The aforementioned convictions will increase by up to half (1/2) when conduct is carried out with minors under twelve (12) years old. 7.2. Legal nature of the contract. In compliance with Article 79 of Law 300 of 1996, the accommodation contract is a lease agreement of a commercial and adhesion nature. 7.3. Charges for smoking in rooms. All HOTEL rooms are free of smoke. If the GUEST smokes in the room, they must pay, for every day they do so, (i) the cost the HOTEL must pay to deodorise and clean the room, which is estimated at a sum equivalent to $100, paid at the representative market rate on the day of payment, and (ii) the value of two (2) nights at the rate corresponding to their accommodation, as the cleaning and deodorisation process means that the HOTEL may not use the room for the next two (2) nights. 7.4. The accommodation contract is proven via the Hotel Record Card the HOTEL issues and that is accepted via the signature of the GUEST, who records that they undertake to adhere to the stipulations outlined herein. The GUEST expressly accepts that the net sum of money stated in the invoice shall be immediately payable and shall have exercise. The GUEST authorises the HOTEL to fill in the blank spaces in the Hotel Record Card.
The GUEST, in their capacity of owner of the personal data, will have all legal rights, as described previously in Article 8∫ of Law 1581 of 2012 and, in particular, will have the right to, at any time, request the elimination of information when applicable. Information processing policies can be consulted on the website http://sanddiamondhotel.com or in reception at the HOTEL, where a physical copy of these will be kept. The company Hotel Sand Diamond, as the entity responsible for processing, may be contacted regarding any issue related to processing at the email address email@example.com>