Sulc:
Drugi mail njihovega odvetnika:
Good morning,
Sadly, I cannot accept your excuses, due to the fact that the cancellation-terms could have been known by XXX using a normal amount of diligence (e.g. visiting the homepage indicated in every e-mail received by the Hotel).
As you know or might know, the contract has been concluded right at the moment the reservation-request was accepted by the Hotel (coincidence of offer and acceptance).
In base of the concluded contract the Hotel became obligated to keep free the apartment and, in return, the guest became obligated to pay the fee. It’s irrelevant if the guest actually made use of the kept free apartment, because the accommodation-contract only obligates the Hotel to keep it free. No obligation for the guest to make use of the apartment is comprehended.
By the way: the cancellation-terms are no essential part of the contract, so that the accommodation-contract still remains upright. Especially if the cancellation is expressed only the day of the supposed arrival.
The guest could have been “freed” from their obligation to pay the fee if they would have found someone to substitute them and/or the Hotel would have been able to allocate the apartment to anyone else in the reserved period. Both options were not fulfilled, therefore the guest remains liable for paying the whole price agreed on.
Nevertheless, and for the sole purpose to settle this difference in a peaceful and extrajudicial way, while even considering the illness of one person (to this day not even proved and/or sustained with any sort of evidence) I can submit the following offer:
The Hotel YYY accepts the closure of this cause with the payment of a total of Euro 700,00.
By doing so they grant you a discount of nearly 40% on the total sum owed and indicated in my last letter. This offer remains upright until March 15th .
I hope this offer can and will be accepted within the term conceded.
