1. INTRODUCTION
These standard contract terms are an integral part of the agreement between you (also referred to below as ‘the Contract Partner’) and ourselves, the Supplier, namely Collichiari Resort s.r.l., Aldo Moro street, 13 – 50032 Borgo San Lorenzo – Florence (Italy). Tel. +39 055 8495637.
2. BOOKING AND CONCLUSION OF THE AGREEMENT
2.1 By making a verbal, written (incl. e-mail) or electronic (incl. internet) reservation you are entering into a contract with Collichiari Resort s.r.l.. From that moment on the rights and obligations arising from the contract (confirmation of reservation), as well as the present contract terms, will be effective for you and for Collichiari Resort s.r.l. You will receive a confirmation of your reservation from your booking agent without delay. In the case of electronic bookings Collichiari Resort s.r.l. confirms receipt of the booking electronically.
2.2 If the reservation confirmation differs from the description in the brochure, by paying a deposit you are acknowledging that the contract has been concluded on the basis of the reservation confirmation.
2.3 If no deposit is paid within 5 days from receipt of the reservation, or any recognised confirmation of payment sent, Collichiari Resort s.r.l. may dispose of the reserved property as it sees fit.
2.4 If you have any special requests the booking agent can only accept them on a non-binding basis. You have no legal right for such request to be fulfilled unless it has been confirmed in writing by Collichiari Resort s.r.l.
3. SERVICE AND PRICES
3.1 Unless otherwise stated, the published prices are deemed to be weekly rates for the whole property within the corresponding pricing period. The published prices are applicable until a new catalogue is issued or until the website is updated. Subject to paragraph 3.8 (‘Price changes’) the prices valid at the time of booking are applicable. If there are a number of apartments of equal value in a dwelling with the same number of rooms and for the same number of persons, in each case only one apartment of this type is listed in the catalogue and in the price list. Special promotions do not always apply to all apartments of the same type.
3.2 Listed together with the service description are the prices of laundry, utilities, local taxes and final cleaning that are not included in the rental price and are payable locally per person and/or according to consumption. Additional services requested by the custode (e.g. additional cleaning, firewood, bed linen, etc.) are not included in the rental price and are payable on the spot.
3.3 The minimum rental period is normally 7 days, and arrival and departure days are always Saturdays (high season). Exceptions are possible, subject to written confirmation from the booking agent.
3.4 The infrastructure services (transport facilities, shops, restaurants, sports amenities, public beaches and their amenities) shown in the brochure, on the travel confirmation and in the documentation are not a part of our obligations and duties. These facilities are independently responsible for deciding on their opening hours, etc. The same applies to public and private utility services (such as water and electricity). Likewise, details of climatic conditions do not constitute any sort of warranty. Duties to warn, inform and duties of care that may be relevant to us are not affected.
3.5 Payments
The total rental for the booked rental property is payable before the travel date, as follows:
25% of the total rental for the reserved rental property is payable as a deposit at the booking date. The balance remaining must be paid to Collichiari Resort s.r.l. by not later than 45 days before the start of the rental period. In the case of short-notice reservations of less than 45 days before the start of the rental period the total rental is payable immediately at the time of booking and must be paid to Collichiari Resort s.r.l. If the balance amount is not paid on time, or the total rental in the case of short-notice bookings, Collichiari Resort s.r.l. may refuse to provide services.
3.6 Cancellation costs
If you withdraw from the contract, we will invoice you the following cancellation charges:
- up to 45 days before the start of the rental period: 25% of the rental
- 44 to 10 days before the start of the rental period: 80 % of the rental
- 10 to the start of the rental period: 100% of the rental
Any cancellation must necessarily be communicated in writing to our reservations office and in advance by telephone. For the calculation of the above terms, the date of receipt of the notice of cancellation by the Collichiari Resort s.r.l. booking office is valid. It is recommended that the travelling party also takes out an additional travel insurance.
3.7 condition of cancellation cause lockdown (covid-19)
If the renter (the person in whose name the booking is made, to whom all correspondence is addressed, and, as such, is responsible for the rental) is unable to travel due to an official Lockdown in place at the time of the arrival with country or regional border closed in the country of origin or destination, starting from 14 days prior to arrival only then will it be possible to cancel the booking with no penalty. The renter will, therefore, receive a full refund via the payment method used at the time of booking or a voucher for the same amount to be used for a future booking. This applies to all bookings confirmed starting from January 15th 2021 with arrival between January 15th 2021 and December 20th 2021.
3.8 Price changes
Care has been taken in preparing the property descriptions and price calculations. Nevertheless, we cannot completely rule out the possibility of amendments to services or price changes. You will be notified of these at the time of booking and at the latest in the reservation confirmation. The details given on the reservation confirmation will apply. Although changes to services after conclusion of the contract are unlikely, they cannot be completely ruled out. If there is a major change to a material point in the contract, you have the right to withdraw from the contract without charge within five days of receipt of the notification.
Payments already made will be refunded without delay. We expressly reserve the right to effect price increases up to 22 days before the start of the rental period on the following grounds: raising or introduction of taxes and duties on specified services and/or changes in exchange rates after conclusion of the contract. If prices are increased by more than 10%, you will have the same rights as detailed in the previous paragraph.
3.9 Change to services, alternative rental and cancellation of the contract by Collichiari Resort s.r.l.
Collichiari Resort s.r.l. has the right to rescind the contract before or during the rental period if unforeseeable or unavoidable circumstances make it impossible to hand over the rental property, endanger the hirer or the property or impair the provision of services to such an extent that it is no longer reasonable to fulfil the contract. Alternatively, you may, if notified by us before starting your journey, request us to provide a rental property of at least equivalent value within 10 days if we are in a position to offer such a property from our range without any additional cost.
Collichiari Resort s.r.l. is under no obligation to pay compensation in any of the instances referred to in section 3.6.
4. ARRIVAL AND DEPARTURE; CURTAILMENT OR EXTENSION OF STAY
When the final payment has been made in full and not more than four weeks before your arrival date you will receive the travel documentation showing you as the authorised hirer for the rental property booked. You should hand this voucher to the keyholder on arrival. The location for the handover of keys on arrival and departure will not necessarily be at the holiday home or resort. You must follow the arrival times in the travel documentation, normally between 16.00 and 20.00, and must depart before 10.00.
The arrangements for arrival shown in your travel documentation are binding; exceptions cannot be guaranteed and must be agreed in good time directly with the keyholder. If you are unable to take over the property as agreed, e.g. because of increased volume of traffic, strikes, etc., or for personal reasons, the rental will remain payable in full. The same will apply if you vacate the property early.
If you would like to extend your stay, you should discuss this as early as possible with the booking agent. During the season, it may be necessary to wait at the office where the keys are to be handed over.
5. OCCUPANCY
The rental property must only be occupied by the specified number of persons (including children and infants). The keyholder may refuse to accept additional persons or invoice them separately.
In the event of over-occupancy the keyholder is authorised to refuse to hand over the key and/or to immediately take the key back during the holiday.
6. OBLIGATIONS OF THE TENANT
6.1 Security deposit
Upon delivery of the keys, a security deposit must be paid. The amount of the deposit and the method of payment are indicated on the travel documents.
In the event that this payment is not paid, the delivery of the keys is not guaranteed.
6.2 Behavior
The tenant undertakes to occupy the accommodation diligently, respecting all the rules of good neighborliness.
6.3 Cleaning the kitchen
Cleaning of kitchen equipment, dishes and locations is the responsibility of the renter (and is not included in the final cleaning). Failing this, the owner will be required to charge an extra expense over and above what is due.
6.4 Heating
Given the situation of the energy supply and the laws in force, the use of heating (period of switching on, switching off, temperature) is regulated by provisions which vary from region to region. As an indication, the heating systems can operate from November to April. Consequently, even when the cost is included in the rental price, heating must be understood to be usable in the same period.
6.5 Liability in case of damage
Any damage caused by the tenant or other occupants must be immediately reported to the key holder. The tenant is responsible for any damage caused by himself or by the other occupants. The same applies if the accommodation cannot be handed over to the next tenant. The cost of the damage can be deducted from the security deposit (point 6.1).
6.6 Animals
The accommodations in which pets are accepted are those in which the pet is indicated. The presence of pets, the species and size must in any case be communicated by the CUSTOMER at the time of booking, even if the description of the accommodation explicitly admits them. The permit is always and only for one animal. The exclusion of pets from the description does not guarantee that no animals are found, even temporarily, in the holiday home, in the tourist village or in the accommodation booked by the CUSTOMER. This may be due to the nature of the holiday village, which is characterized by privately owned accommodation, which cannot be taxed in this regard, or to the fact that the owner of a holiday property in a rural region himself keeps a pet and wishes to avoid conflicts with foreign animals. If pets are explicitly allowed, they do not necessarily have full freedom of movement. Animals are prohibited from accessing the swimming pools and in some cases green spaces, as well as restaurants and the like.
6.7 Swimming pool
The description of the accommodation indicates the presence of a swimming pool and generally indicates its opening period. However, the beginning and end of the swimming pool opening period may vary depending on the weather conditions. For swimming pools in residences and tourist villages, opening hours and special regulations established by the respective administrations often apply.
6.8 Baby bed and extra bed
The description of the accommodation indicates whether extra beds or baby cots are available. The bed linen must be brought by the CUSTOMER. The CUSTOMER is requested to check whether the cot is included in the maximum number of occupants or if it is possible to exceed, through the availability of the cot, the maximum capacity of the accommodation indicated in the description. Additional beds and cots must in any case be ordered at the time of booking and possibly also confirmed.
6.9 External maintenance
If necessary, the owner or his representative reserves the right of access to carry out the essential maintenance operations (garden, swimming pool, etc ...).
6. Additional duties of the hirer
6.1 Lodgement of security deposit
A security deposit must be lodged on taking over of the key. You will find the amount of the security deposit, and also the payment method (in cash) in the travel documentation. If the security deposit is not provided, handover of the property may be refused.
6.2 Duty of care
The rental property must be carefully looked after in use. Local house rules apply, and consideration must be given in particular to neighbours (noise, behaviour).
6.3 Kitchen clearing
Cleaning of the kitchen furnishings, crockery and cutlery is the responsibility of the hirer (and is not included in the final cleaning).
6.4 Liability for damage
If the hirer or co-users causes any damage this must be reported immediately to the keyholder.
The hirer is liable for any damage caused by him/her or co-users. The same applies if the apartment cannot be handed over to the next hirer. Any loss or damage may be offset against the security deposit (paragraph 6.1).
7. COMPLAINTS AND REFUND REQUESTS
If upon arrival or during your stay there may be damage to the accommodation or substantial differences from what is indicated on the booking confirmation, we recommend that you report the problem to the keyholder. If this person is unable to solve the problem in a short time, you will be required to contact Collichiari Resort s.r.l. at the number + 39 393-8005144. In case of no timely reports upon arrival or during the stay, the holiday home will be considered free from any problem.
External factors such as adverse weather conditions, the presence of stray dogs and insects or the state of public roads are not eligible for the refund request. In any case, the person in charge of the keys and the persons in charge of welcoming customers are not responsible for establishing any refunds and issuing legally binding declarations.
Any complaint relating to problems that cannot be resolved on site or through the telephone customer service Collichiari Resort s.r.l. must be notified in writing to the reservations office within 4 weeks from the date of end of stay, together with any documentation
support (photographs, statements from the keyholder or local office, etc.). Complaints regarding possible cleaning must be communicated within 24 hours of arrival.
Failure to comply with all the above procedures will result in the loss of the right to seek compensation.
8. LIABILITIES ATTRIBUTABLE TO COLLICHIARI RESORT SRL
The legal liability related to damages other than those to persons (for example, material and financial damage) is limited to the price of the stay (plus the claims of all the people involved). In the event that the services of Collichiari Resort s.r.l. were applicable international agreements or national laws that further limit or exclude liability, such agreements and laws will prevail. Collichiari Resort s.r.l. is not to be held responsible in the following cases:
- omissions by the tenant and / or other occupants;
- negligence or omissions on the part of third parties;
- causes of force majeure or events that neither Collichiari Resort s.r.l., nor its support staff (eg: the key holder), can foresee despite their diligence;
- the use of swimming pools, playgrounds, sports facilities of all kinds. The use of these facilities is at your own risk.
- damage and loss due to burglary;
- public access roads that could cause damage or injury to things or people;
The non-contractual liability of these provisions applies in a similar way. Liability for support personnel is explicitly excluded.
9. PRESCRIPTION
Claims for damages must be sent to Collichiari Resort s.r.l. within 90 days. The limitation period begins to run from the day following the end of the rental period.
11. JURISDICTION
The relationship between the customer and Collichiari Resort s.r.l. is governed by Italian law. For any dispute related to this contract, the Court of Florence will be exclusively competent.
Mandatory communication pursuant to art. 16 of Law 269/98 - the law punishes crimes related to prostitution and child pornography with imprisonment, even if they are committed abroad.