Model of Organization, Management and Control pursuant to Legislative Decree 231/2001
Legislative Decree no. 231 of June 8, 2001 (Legislative Decree 231/2001) introduced a significant innovation into the Italian legal system, establishing a form of liability, defined as administrative but comparable to criminal liability, applicable to legal entities, companies or associations, including those without legal personality, for certain crimes committed in the interest or to the advantage of the Entity by individuals in “senior” positions or by those subject to their direction or supervision.
This liability is autonomous from the criminal liability of the individual who committed the offense and is therefore additional to it.
The administrative liability of the Company is excluded if it has adopted and effectively implemented, prior to the commission of the offenses, organizational and management models suitable for preventing such offenses.
Uappala Hotels srlu has adopted an Organization, Management and Control Model (Model 231), by resolution of the administrative body, which formalizes, in summary, the set of measures aimed at preventing the offenses provided for by Legislative Decree 231/2001, within the activities identified as sensitive to the potential risk of committing an offense under the same decree.
The Company has also established a single-member Supervisory Body, in the person of Attorney Paolo Mascitelli, endowed with independent powers of supervision and control, tasked with overseeing the functioning and compliance of the Model and ensuring its updating.
The principles and rules set out in Model 231 are consistent with those provided in the Code of Ethics adopted by the Company. The Code of Ethics expresses, among other things, guidelines and principles of conduct aimed at preventing the offenses referred to in Legislative Decree 231/2001 and expressly refers to Model 231 as a useful tool for operating in compliance with regulations. The Code of Ethics must therefore be considered an integral part of this Model 231 and a fundamental tool for achieving its objectives.
Whistleblowing Reports
As provided for by Legislative Decree no. 24 of March 10, 2023 (in force since July 15, 2023), concerning the protection of persons who report violations relating to Legislative Decree 231/2001, violations of European Union law and national legal provisions in the sectors indicated by the same Decree, the Company has updated its Model 231 and, in particular, its whistleblowing procedure (downloadable by clicking the link below) to ensure the confidentiality of the whistleblower’s identity and other forms of protection established by the new regulation, also with regard to the persons involved. As of October 30, 2023, reports that intend to benefit from such protection may be submitted through the following internal channels: 1) by email to the address established and managed by the Supervisory Body: odvuappalahotels@gmail.com; 2) by drafting a written report to be delivered in a sealed envelope marked “CONFIDENTIAL”/“PERSONAL” by post or by hand to: Supervisory Body of Uappala Hotels srl at the Company’s registered office, indicating an address or a mobile contact in order to manage the report; 3) orally, by calling 0586.880649 and requesting a telephone appointment with the Supervisory Body of Uappala Hotels srl, Attorney Paolo Mascitelli. The report will be handled by the Supervisory Body, which is responsible for examining it, assessing whether the conditions exist to carry out further investigations, in compliance with confidentiality and data protection regulations for privacy purposes. The prerequisites, requirements, deadlines, conditions and procedures for using each confidential and protected reporting channel are set out in the procedure published here. Reporting is both a right and a “civic” responsibility to be exercised with care and respect, as the legislation clearly defines the conditions for submitting a report, ensuring protection against retaliatory measures for the whistleblower while also safeguarding the rights of the persons involved.
