1. INTRODUCTION The purpose of this document is to regulate the GENERAL TERMS or CONDITIONS OF PROCUREMENT of the Pre-booking and Online Booking services (hereafter, and interchangeably, ‘Pre-booking’ and ‘Online Booking’ services, or ‘services’) of ROMA HOTEL of Caffè Roma l'originale Ltd., with registered offices in Kampala, Uganda, registered in Kampala, Uganda and Tax ID number 1014615388, (hereafter, ‘RH’), Tel. +256 777 812 017 . The terms “You” and “User” are used here to refer to all individuals and/or entities who for whatever reason access our website(s) or use our services. 

The use of these services implies full and unconditional acceptance and validity of each and all the General Terms and/or Conditions – which are deemed to be automatically incorporated into the contract concluded with RH, without the need for your written transcription in the same – included in the latest version of these General Terms and/or Conditions.

2. USE OF THE RH PRE-BOOKING AND ONLINE BOOKING SERVICES
2.1. Pre-booking Services 
The online Pre-booking services are for information only, and their sole purpose is to offer the user the possibility of checking the availability of a room in our hotel. THE USER WILL RECEIVE AN EMAIL WITHIN 24 HRS, CONFIRMING IF THEIR BOOKING HAS BEEN PROCESSED, AND WILL CONSEQUENTLY ONLY BECOME BINDING ONCE RH HAS ACCEPTED THE RESERVATION BY MEANS OF EMAIL CONFIRMATION AND SUBSEQUENT PAYMENT BY THE USER. The user must verify the booking confirmation and notify RH of any error immediately in writing. 

2.2. Online Booking Services 
a. The purpose of the Online Booking services is for the reservation of a room with RH. THE USE OF THESE SERVICES IMPLIES FULL AND UNCONDITIONAL ACCEPTANCE AND VALIDITY OF EACH AND ALL THE GENERAL TERMS AND/OR CONDITIONS – WHICH ARE DEEMED TO BE AUTOMATICALLY INCORPORATED INTO THE CONTRACT CONCLUDED WITH RH, WITHOUT THE NEED FOR YOUR WRITTEN TRANSCRIPTION IN THE SAME – INCLUDED IN THE LATEST VERSION OF THESE GENERAL TERMS AND/OR CONDITIONS. 
b. Procurement procedure: When using the service, the user will receive an email confirmation in which is included the confirmation that their purchase order is in the process of being confirmed. If you are a customer, once the corresponding debit for your reservation has been made, you will receive an email confirming this; this email serves as proof of your booking. 
c. Guarantee: The booking is confirmed and guaranteed overnight with a credit card. In the event of a no-show without prior notice, the first night will be charged (including all taxes). 
d. Termination of the contract or cancellation of the booking: The credit card is solely a means of guarantee. Cancellation of the booking by the user will not incur any charges for advance cancellation, provided that this is done prior to the specified deadline in each country (local time at the hotel) on the day of arrival. Once this threshold has passed, RH will make a cancellation charge as compensation, which will amount to the cost of the first night (including all taxes). 

This clause does not apply to bookings made with special rates. In this case, the respective specified conditions shall apply. 

The arrival times are 4:00pm on the day of arrival.

e. CANCELLATION COSTS  No charge will be made to your credit card if cancellation is made more than 7 days prior to the day of arrival at the hotel (local time at the hotel). If cancellation is made upto 24 hours prior to arrival, 90% of the total cost of the booking will be charged to your credit card In the event of a client no-show without prior notice, 100% of the total cost of the booking will be charged. 

These clauses do not apply to bookings made with special rates. In this case, the respective specified conditions shall apply. 

f. RH Policies for children 
Policies for children in our hotel are subject to the facilities of the hotel and are determined by the hotel management, as described in existing contracts. Where applicable, RH policies for children apply only for rates which do not offer half board or full board. 

g. Policy on minors. 
Minors under the age of 18 staying in the Hotel must be accompanied by their parents, teachers or other duly authorised adults. Hotel staff may require relevant documentation identifying adults as parents/teachers of authorised persons. 

h. Prices per room and night. 
Prices are valid only in writing and for the period specified. RH reserves the right to modify these prices without prior notice where there are justifiable reasons. 

Prices relating to the booking will be indicated during the booking process. Rates are applicable on these prices without prejudice to other local taxes also being applied in accordance with existing local regulations. These local taxes must be paid directly in the hotel. 

i. Prices quoted at the time of booking include Taxes (or equivalent ) according to the applicable rates at the time. 

In the event that the applicable rate changes between the date of the booking and the date of services being provided, creating a disparity, in accordance with the applicable regulations, the applicable price shall be that which corresponds to the time of delivery of services or to the accrual of the tax, even where this will incur an increase to the final price indicated to the client during the booking process. 

2.3. The user undertakes to use the services in accordance with the Law, moral standards, good customs and public order, as well as that which is stipulated in these General Terms and/or Conditions of procurement. Consequently, the user is obliged not to use the services for illicit purposes or effects and/or contrary to what is set out in these General Terms and/or Conditions of procurement, detrimental to the rights and interests of third parties or which could, in any way, damage the services, RH and/or its image. 

2.4 RH shall, for increased agility and for the benefit of its users, be able to unilaterally modify at at any time and without prior notice the services provided, or the operational or technical Conditions, or the conditions of use of the services. In the same way, the users, in order to improve the service and establish optimum levels of quality – RH's ultimate objective – can make suggestions for changes that they consider to be useful by contacting those responsible for the page via the following advertised email address

3. Possible errors or changes to Check-out invoicing information. 

a. In the event that the invoicing information appearing on the Check-out form is incorrect or if the user wishes to make changes to this information, they will have to go directly to the RH hotel reception so that they can rectify the errors or make the requested changes. 

b. In this event, payment will be made at the RH hotel reception itself. 

3.1. Obligations and responsibilities of the user in relation to the Check-out process 

a. The user guarantees that the personal and invoicing details provided to RH are accurate, exact, current and complete and accepts responsibility for informing RH of any change to them so that they can take the corresponding payment. 

b. In the event that RH can prove that the user has committed fraudulent practices relating to the use of the bank card for payment of the services provided using the Check-out process, RH reserves the right to initiate any legal action that rightfully applies. 

c. The user undertakes to strictly comply with the Check-in and Check-out process and with the obligations set out in these Special Conditions.

DATA PROTECTION
This section gives information on data processing as it relates to making reservations and pre-reservations.

FOR WHAT PURPOSE WILL RH HOTEL GROUP PROCESS ACCOUNT HOLDERS’ PERSONAL DATA AND FOR HOW LONG?
You are advised that data provided by account holders will be processed by RH for the following purposes:

• Managing the reservations and/or pre-reservations requested by the user. 
  
• Sending confirmation or documentation for the reservation made.
• If consent has been given, sending commercial communications on behalf of RH.

WHAT USER DATA WILL RH PROCESS?
For correct service provision, RH will process the following categories of data:

• Identifying data: name, surname, nationality. 
  
• Contact details: email address, telephone number. 
  
• Transactional data for goods and services with RH: Products and services purchased or in which you show interest.
• Stay preferences.
• Economic, financial and insurance data.
• Other data: data provided by the data subjects in open fields. 

The data requested from you are mandatory for correct service provision and, not providing them will mean the services cannot be provided. When the data requested is not mandatory, this will be noted on the form. 
If you provide data on third parties, you declare that you have their consent and commit to providing them with the information in the Privacy Policy, thereby exempting RH from any liability in this regard. However, RH may make periodic checks to confirm this, using appropriate due diligence, in accordance with data protection regulations.

WHAT IS THE JUSTIFICATION FOR PROCESSING USERS’ DATA?
The justification for processing your personal data will be the performance of the contract between the parties. Consents obtained for the aforementioned purposes are separate and you may revoke only one without affecting the others.
To revoke this consent, you may contact RH at the stipulated email. 

WITH WHICH RECIPIENTS WILL USER DATA BE SHARED?
User data may be disclosed to:

• Companies belonging to or affiliated with RH Group, all within the hotel sector, which require access to your data for correct provision of the chosen services. In addition, your data will be disclosed to hotel owners, so that they are aware of the conditions of your stay (price, dates, services included, ...), and any of these may be located outside the European Economic Area, including in countries which do not offer an equivalent level of protection to Europe for the sole purpose of correct service provision.

INTERNATIONAL DATA TRANSFERS
Please be advised that your data will be transferred to third parties located outside your home Area. It will be transferred to and from Cloudbeds.com as a result of the services provided to RH in terms of back office management connected to the company’s invoicing.
DATA STORAGE The personal data provided will be stored throughout the contractual relationship, and after termination of the same, for the limitation period for legal actions that could result from it.
In relation to data for sending commercial communications, data will be stored for as long as the user does not withdraw their consent. However, if you withdraw your consent, this will not affect the legality of prior processing.
PROCESSING DATA ON THIRD PARTIES
If you, at any time, provide data on third parties, you declare that you have their consent and commit to providing them with the information in this clause, and advising RH of any change or update to the same.
GUESTS’ RIGHTS REGARDING THEIR DATA
By writing an email to RH with the reference “Data Protection”, attaching a copy of your identity document, you may, at any time and free of charge, exercise the following rights:

• Revoke your consent for the processing and communication of your personal data.
• Obtain information about whether or not your personal data has been processed.
• Access your personal data.
• Correct inaccurate or incomplete data.
• Request the deletion of your personal data when, for any reason, the data is no longer necessary for the purposed for which it was obtained.
• Limit the processing of your data when any of the conditions provided for in the data protection regulations is met.
• Under certain circumstances, and for reasons relating to their personal situation, interested parties can object to the processing of their data.
• Requesting the portability of your data.
  

5. CORRECT USE OF THE CONTENTS OF THE WEBSITE BY THE USER
5.1 RH declares that the intellectual property rights (Brands, Trade names, etc.) which appear in this Website are owned by them and/or are legitimately exploited under agreements or user licences, and are duly protected by current Legislation on intellectual Property. The User undertakes to use the Website diligently, correctly and legitimately and, in particular, agrees to abstain from: 

(a) Deleting, circumventing or manipulating the “copyright”, brands and other data which identifies the rights of RH or its titleholders incorporated into the contents and/or products marketed from the RH Website, or the technical protection devices, digital fingerprints or any other such information mechanisms which could contain the same. 

(b) Using the contents and, in particular, information about RH obtained via its Website to send out advertising, communications for the purposes of direct sales or any other type of commercial purpose, unsolicited messages addressed to a variety of people. 

(c) Reproducing or copying, distributing, allowing public access via any public method of communication, changing or modifying the contents, unless prior authorisation has been obtained from the titleholder of the corresponding rights or it is legally permitted. 

(d) In general, using the contents in a manner for purposes or effects which are contrary to the law, moral standards, generally accepted good customs and public order. RH grants no licence or authorisation of any kind over the use of its industrial and intellectual property rights or over any other property or right relating to its Website. 

5.2. Procedure in the event of infringement of intellectual property rights. In the event that a User or third party considers that any contents have been introduced onto their Website which infringe their intellectual property rights, they must notify RH of their full and precise details and of the intellectual property rights which have allegedly been infringed, as well as the Website.

6. RIGHT TO MODIFY THE GENERAL TERMS AND/OR CONDITIONS OF PROCUREMENT
RH reserves the right to modify these General Terms and Conditions of procurement by informing users of the changes made via its website(s).

7. EXCLUSION OF GUARANTEES AND RESPONSIBILITIES
7.1 RH DOES NOT GUARANTEE THE RELIABILITY, AVAILABILITY OR CONTINUITY OF THE SERVICES MADE AVAILABLE TO THE USER, THUS EXCLUDING ANY LIABILITY FOR DAMAGES WHICH MAY ARISE OWING TO A LACK OF AVAILABILITY, RELIABILITY OR CONTINUITY OF ITS WEBSITE OR ITS SERVICES, ALTHOUGH RH WILL TRY TO FACILITATE, TO THE EXTENT OF ITS CAPABILITIES, TECHNICAL SUPPORT FOR THE PERSON AFFECTED, AND WILL TRY TO IMMEDIATELY RECTIFY THE BREAK IN SERVICES, PUTTING INTO PLACE, TO THE EXTENT OF ITS CAPABILITIES, ALTERNATIVE MEANS. 

7.2 RH DOES NOT UNDERTAKE TO CONTROL AND DOES NOT HAVE ANY PRIOR CONTROL OVER VIRUSES OR ELEMENTS IN ITS CONTENTS WHICH MAY ALTER THE SOFTWARE OR HARDWARE OF THE USER OR OF PERSONS VISITING THE WEB PAGES AND WILL THEREFORE NOT BE LIABLE FOR DAMAGES OF ANY KIND WHICH MAY ARISE FROM THE SAME. 

7.3 IF, DESPITE ACTING WITH DUE FORESIGHT AND DILIGENCE, RH IS UNABLE TO PROVIDE THE CONTRACTED ROOMS FOR REASONS WHICH ARE NOT ATTRIBUTABLE TO IT AND IF IT IS IMPOSSIBLE TO OFFER THE SERVICES UNDER THE CONDITIONS AGREED, RH SHALL OFFER THE USER THE OPTION OF A COMPLETE REFUND OF THEIR PAYMENT OR SUBSTITUTION FOR SOMETHING SIMILAR IN NATURE IN TERMS OF CATEGORY OR QUALITY. IF DUE TO SUBSTITUTION THE SERVICE IS OF AN INFERIOR CATEGORY OR QUALITY, RH MAY REFUND THE DIFFERENCE
8. SAFEGUARDING THE GENERAL TERMS AND/OR CONDITIONS OF PROCUREMENT
Should one of the stipulations of these General Terms and/or Conditions of procurement be declared null and non-operational, the rest of the General Terms and Conditions will be retained in the agreed Terms. RH undertakes to substitute the stipulation affected by the nullity, bringing it into line as far as possible with the intention originally sought by the parties. 

NO STIPULATION IN THIS CONTRACT SHALL IN ANY WAY AFFECT THE MANDATORY PROVISIONS IN RELATION TO CONSUMERS. IF YOU ARE NOT A CONSUMER, YOU EXPRESSLY RENOUNCE ANY RIGHT OF WITHDRAWAL.

9. RH AND ACCEPTANCE OF TERMS OF USE
You are aware that use of the Pre-booking and online Booking services assumes full and unconditional acceptance of each of the clauses that make up the Terms of Use of RH in the version published by RH at the time that the user contracts the service. These terms of use complete these General Terms and Conditions in all issues which are not contrary to them. Thus, the user must be aware of the importance of referring to the terms of this page prior to accessing and/or using these services. 

10. APPLICABLE LAW AND COMPETENT JURISDICTION
These General Terms and/or Conditions of procurement are governed by Ugandan Law. For the resolution of any dispute arising with respect to its validity, execution, fulfilment or resolution, either total or partial, RH and the users expressly waive their own jurisdiction or any other which, if appropriate, may apply to them and submit to the competence of the Courts and Tribunals of Kampala, Uganda. This contract constitutes the full and complete expression of the agreement between RH and yo as the user and replaces all previous pacts, undertakings, statements or agreements, either written or oral, which may have existed previously between both. 

In all cases, any dispute arising from the provision of services in the hotel in which the client is staying shall be submitted to respective courts. 

March 2019