Accommodation Contract
ACCOMMODATION CONTRACT: RIGHTS AND OBLIGATIONS OF THE HOTEL.
1. PURPOSE. By virtue of this contract, the hotel company, hereinafter referred to as the HOTEL, will provide accommodation to the GUEST in the room and its amenities, in exchange for a price, for the number of days indicated on the Hotel Registration Card. In no case may the term exceed 30 consecutive days. 1.1. The room and the price or rate per night will be those specified on the Hotel Registration Card. Notwithstanding the foregoing, the HOTEL will be entitled to change the room, and the guest must accept it, provided that it is a room of equal or better condition or is due to a situation of force majeure. 1.2. Check-in time is from 3:00 pm on the day of arrival, and check-out time is until 1:00 pm on the day of departure. The period of time between these two times constitutes the hotel day. Early check-in or late check-out is subject to availability, and the GUEST will be charged the corresponding fee. 1.3. Accommodation is provided regardless of the actual time the GUEST stays in the room. Partial use will result in payment of the full rate. 1.4. The provision of the services covered by this contract and any complementary services offered by the hotel is subject to availability and the schedules, shifts, or physical stock of supplies, goods, facilities, or spaces required for such services.
2. PRICE.
2.1. The price of this contract corresponds to the nightly rate that the GUEST agrees to pay, which amounts to the sum indicated on the registration card, including taxes, all of which will be detailed in the corresponding invoice. If taxes do not apply, because it is an exempt or excluded transaction, the invoice will reflect the rate excluding taxes. 2.2. The GUEST must also pay all charges for food, beverages, laundry, and in general, all charges incurred during their stay that they choose to charge to their account. 2.3. The GUEST declares that they have been informed of the rates, fees, and in general, the prices of the rooms per night, including taxes. Rates may vary from night to night. 2.4. Failure to make the agreed payment will result in the GUEST incurring late payment interest at the maximum rate permitted, as certified by the Financial Superintendency.
3. CUSTODY OF MONEY AND VALUABLES:
In accordance with Article 1195 of the Commercial Code, GUESTS may deliver money and valuables to the HOTEL for safekeeping, upon receipt. For this purpose, the delivery must be made to the HOTEL's designated representative, and a record must be drawn up listing the money or valuables delivered. The HOTEL's responsibility will be that of a depositary, as defined in Article 1196 of the Commercial Code. Valuables such as jewelry, cameras, money, computers, cell phones, equipment, or utensils left in the guest room or in service areas other than those designated by the HOTEL for safekeeping are the sole responsibility of the GUEST, as the HOTEL assumes no liability in the event of loss or damage.
4.- OBLIGATIONS:
4.1. HOTEL'S OBLIGATIONS. 4.1.1. To provide the service stipulated in the contract. 4.1.2. To attend to, receive, process, and respond to suggestions, complaints, or claims submitted by the guest. 4.1.3. To safeguard the money and valuables that the guest has entrusted to them with a receipt for safekeeping, in accordance with Article 1195 of the Commercial Code. 4.1.4. Any other obligations established by law. 4.2. GUEST'S OBLIGATIONS. 4.2.1. To present valid identification to register at the HOTEL. This includes presenting their national identity card if Colombian, or their passport if foreign. Minors must present a valid identification document. 4.2.2. To pay the lodging fee plus applicable taxes. 4.2.3. To pay for all consumption and charges incurred on their account. 4.2.4. Observe decorum and dress appropriately. 4.2.5. Be responsible for their obligations and those of their companions or guests, even for minor negligence. 4.2.6. Register all companions or guests of the GUEST at the hotel reception who are going to their room and pay the corresponding fee for each of them. 4.2.7. Respect the number of people per room. 4.2.8. The GUEST acknowledges that the practice of sports, physical exercise, driving ships or vehicles, use of instruments or tools, and in general any activity that involves risk or that may be considered a dangerous activity, will be their decision, under their sole responsibility, and implies that the GUEST has the skills and knowledge that allow them to assume such risks, exonerating the HOTEL and its officers or employees from any liability in case they suffer any damage or injury. 4.2.9. Use the furniture, fixtures, equipment, and all other facilities of both the room and the HOTEL appropriately, maintaining them in their original condition. The guest will be responsible for any damage to or loss of the HOTEL's property, even for slight negligence. In the event of total or partial loss or damage to the HOTEL's property or belongings due to the GUEST's actions, the guest will pay the price set by the HOTEL, plus an additional 50% as a penalty. 4.2.10. Respect the authority of the HOTEL Manager. 4.2.11. Allow HOTEL staff to inspect and/or monitor the room. This right will be exercised reasonably and includes the authority to enter or search the room when deemed necessary by the HOTEL Manager. 4.2.12. Allow HOTEL employees and staff access to the room for routine maintenance and cleaning.
5. TERMINATION OF THE CONTRACT.
The lodging contract will terminate in the following events: 5.1- Upon expiration of the agreed term. 5.2- For breach of any of the obligations of the parties, and specifically for failure to pay the price or fee owed by the GUEST or for failure to pay for food and beverages or other complementary services that the GUEST has charged to the room or their personal account. 5.3- In the event that, in the sole judgment of the HOTEL, the GUEST's behavior or attire is inappropriate, or in the judgment of the HOTEL, disturbs the peace and/or health of other guests or visitors of the HOTEL. Paragraph: Termination of the contract does not exempt or release the GUEST from the payment of any outstanding balances.
6. EFFECTS OF TERMINATION.
6.1. Upon termination of the contract, the HOTEL may freely dispose of the room. 6.2. Upon termination of the contract, regardless of the reason for termination, the HOTEL is authorized to enter the room, prepare and sign an inventory of the guest's belongings and luggage in the presence of two (2) witnesses, and remove them from the room to place them in a safe and suitable storage facility, without liability on the part of the HOTEL and at the GUEST's own expense and risk. 6.3. The HOTEL has the right of retention over the GUEST's luggage and belongings located in the room and, therefore, if there is any outstanding balance owed by the GUEST, the HOTEL will not release the luggage and belongings until the entire outstanding balance has been paid. 6.4.- If the GUEST fails to pay the outstanding balance owed to the HOTEL, after thirty (30) days from the date of default, the HOTEL may dispose of and sell the GUEST's luggage and belongings to cover the outstanding obligations, including accrued late payment interest, plus all costs and expenses related to the deposit and, in general, those incurred by the HOTEL due to the default. Any surplus will be made available to the GUEST, and in case of a deficit, the HOTEL may initiate the corresponding actions to obtain full payment of the amount owed.
7. MISCELLANEOUS.
7.1. The HOTEL does not permit sex tourism, nor the exploitation or sexual abuse of children or adolescents. Guests may not bring anyone under eighteen (18) years of age into their room for the purpose of sex tourism. Anyone who does so will be subject to imprisonment for 5 to 10 years and a fine of 50 to 100 times the minimum monthly wage. The penalties indicated in the preceding paragraph will be increased by up to half (1/2) when the conduct is carried out with minors under twelve (12) years of age. 7.2. Legal nature of the contract. In accordance with Article 79 of Law 300 of 1996, the lodging contract is a commercial lease agreement of adhesion. 7.3. Charges for smoking in the rooms. All rooms in the HOTEL are smoke-free. If the GUEST smokes in the room, for each day they do so they must pay (i) the cost incurred by the HOTEL to deodorize and clean the room, estimated at the equivalent of USD 100, calculated at the market exchange rate on the day of payment, and (ii) the value of two (2) nights at the rate corresponding to their accommodation, since the cleaning and deodorization process means that the HOTEL cannot use the room for the following two (2) nights. 7.4. The lodging contract is evidenced by the hotel registration card issued by the HOTEL, accepted by the GUEST's signature, which confirms their adherence to the stipulations contained herein. The GUEST expressly agrees that the amount shown on the invoice will constitute an enforceable instrument. The GUEST authorizes the HOTEL to fill in the blanks on the hotel registration card.
PRIVACY NOTICE. AUTHORIZATION FOR THE USE OF DATA AND INFORMATION. By signing this contract, the GUEST expressly authorizes HOTEL SAN SIMÓN. with Tax ID 800.156.522-5, in its capacity as operator of the HOTEL and the company HOTEL SAN SIMÓN with Tax ID 800.156.522-5, to collect and use the information and personal data provided by the GUEST on the Hotel Registration Card such as name, address, identification, nationality, date of birth, email address, personal preferences and interests, work or activity, in accordance with the secure information processing policies established by the Hotel itself and by current laws for the purpose of carrying out loyalty activities and contacting the data subject to send service surveys after each stay that allow the rating of the service provided, and to communicate invitations, offers, promotions, service portfolio or general information that is directed to encourage continued use of the Hotel or other hotels that correspond to a HOTEL SAN SIMÓN experience! and to offer the corresponding services. The GUEST authorizes that the information be transferred, transmitted, shared and supplied to the company HOTEL SAN SIMÓN, exclusively for the purposes described above.
The GUEST, as the data subject, shall enjoy all legal rights, including those expressly described in Article 8 of Law 1581 of 2012, and in particular, shall have the right at any time to know, access, update, and rectify their personal data, revoke the authorization granted, or request the deletion of information when applicable. The data processing policies may be consulted on the website www.hotelsansimon.com or at the HOTEL reception, where a physical copy is available. HOTEL SAN SIMÓN, as the data controller, may be contacted for all matters pertaining to this data at the email address reservas@hotelsoratama.com.