General Terms and Conditions („GTC“) for the rental of holiday rooms & holiday appartement at Villa del Lis, Via del Lis 9, 25084 Gargnano (BS), Italy
Table of contents
§ 1 Definitions
§ 2 Booking & booking confirmation
§ 3 Payment terms & payment periods
§ 4 Arrival and departure
§ 5 Accommodation Unit
§ 6 Stay
§ 7 Cancellation by the Guest n Unit
§ 8 Cancellation by the Host
§ 9 Liability of the Host
§ 10 Internet access
§ 11 House rules, general rights and obligations
§ 12 Place of jurisdiction
Validity of the General Terms and Conditions
These GTC apply to contracts for the rental of holiday rooms & holiday appartment (individually or jointly “Accommodation Unit”) for accommodation at Villa del Lis, Via del Lis 9, 25084 Gargnano (BS), Italy (“Villa del Lis”) by Oliver and Yvonne Wahl (individually or jointly “Host”). The services of the Host are provided exclusively based on these GTC.
Deviations from these GTC shall only apply if these have been expressly confirmed in writing by the Host.
§ 1 Definitions
a) The term “rental price” refers to the booking period and is the sum consisting of the rent, any visitor’s tax to be paid by the Host as well as additional services requested by the Customer in the booking enquiry and confirmed by the Host in writing.
b) The term “services” refers to all services provided by the Host or by representatives of the Host (so called „vicarious agents”) from time to time in the context of the renting, including but not limited to the receipt of booking information via the Host’s booking and payment system, the administration of reservations and payments, the response to Customer booking enquiries and the administration of data (including Customer- and Guestinformation and data) on booking portals.
c) The term “Customer” refers to the person making a booking enquiry or a booking on his own behalf.
§ 2 Booking & booking confirmation
All booking enquiries shall be made via the Host‘s website www.villa-del-lis.com or by email info@villa-del-lis.com or via online travel agencies listing Villa del Lis.
If the requested Accommodation Unit is available according to the booking enquiry of the Customer, a written confirmation as well as corresponding invoice(s) according to § 3 will be sent to the Customer by e-mail. Upon receipt of the booking confirmation, the booking of the Customer (from now on “Guest”) is legally binding.
§ 3 Payment terms & payment periods
Payment terms & payment periods depend on the booked rate chosen by the Guest.
If the payment deadlines specified according to the booked rate are not met, the Host may withdraw from the contract. Non-payment or late payment is deemed to be a withdrawal by the Guest and entitles the Host to re-rent the Accomodation Unit. If the payment deadlines specified according to the booked rate are not met, the Host may withdraw from the contract. Non-payment or late payment is deemed to be a withdrawal by the Guest and entitles the Host to re-rent the Accomodation Unit.
In any case, the entire rent must be received as payment on the Host’s bank account before the date of commencement of the rental.
§ 4 Arrival and departure
On the day of arrival, the booked accommodation unit is available from 16:00. The Guest will receive information on the handover of the keys (receipt and return) by e-mail or by telephone via SMS at the latest one day before the scheduled date of arrival. Claims for damages cannot be asserted if, exceptionally, the booked Accommodation Unit cannot be handed over punctually at 16:00.
Should the Guest fail to appear by 20:00 on the scheduled date of arrival, the contract shall after a further period of 24 hours without notification from the Guest to the Host be deemed terminated. The Host or his vicarious agent may freely dispose of the accommodation unit after the expiry of this period. There is no entitlement to a refund of the rental price or – in the event of an early departure – a refund of the pro rata rental price.
The Accommodation Unit must be left in a swept clean condition by 11:00 a.m. on the date of departure. The dishes, glasses, etc. must be cleaned and put away, the rubbish bins and the refrigerator must be emptied.
§ 5 Accommodation Unit
The Accommodation Unit is handed over by the Host in a tidy and clean condition with complete inventory. Should the Guest notice a defect during his stay, the Guest is obliged to inform the Host immediately. The Guest shall be liable for any damage caused by him to the Accommodation Unit, including the furnishings located therein or belonging thereto, as well as for the costs of lost keys.
Inventory and furnishings are to be treated with care and are only intended to remain in the respective Accommodation Unit. Moving furnishings, especially beds, is prohibited. The Guest is also liable for the fault of his fellow travelers. Damage caused by force majeure is excluded from this.
§ 6 Stay
The Accommodation Unit may only be used by the persons listed in the booking. Should the Accommodation Unit be used by persons not listed in the booking, the Host has the right to terminate the contract without notice.
In the event of use of the Accommodation Unit contrary to the terms of the contract, such as subletting, overcrowding, disturbance of domestic peace, etc., the contract may be terminated without notice and the Guest must therefore leave the Accommodation Unit immediately.
The Guest agrees to these GTC as well as the house rules according to §11. The declaration of consent is implied by the payment of the rent.
In the event of violations of the GTC or the house rules, the Host is entitled to terminate the rental of the Accommodation Unit with the Guest immediately and without notice. There shall be no claim to repayment of the rental price – either in full or in part – or to compensation.
§ 7 Cancellation by the Guest
In the event of cancellation, the Guest may be obliged to pay partly or in full the agreed rent as compensation. The amount of compensation depends on the booked rate and the date of cancellation.
The basis for calculation is always the number of days remaining until the starting date of the rental of the Accommodation Unit and is based on the date of receipt of the written cancellation. For this purpose, a time up to 12:00 in the Villa del Lis time zone is deemed to be receipt on the date the corresponding day.
§ 8 Cancellation by the Host
In the event of cancellation by the Host before the date of commencement of the rental of the Accommodation Unit because of force majeure and other circumstances beyond the Host‘s control which make performance impossible, liability shall be limited to reimbursement of the rental price already received.
Cancellation by the Host for the aforementioned reasons can also take place after the start of the rental period without observing a deadline. In this case, liability is limited to the pro rata reimbursement of the rental price.
In the event of a justified withdrawal, the Guest shall have no claim to compensation – no liability shall be assumed for travel and hotel costs.
§ 9 Liability of the Host
The Host is liable within the scope of due diligence for the proper provision of the Accommodation Unit. Liability for possible breakdowns or faults in the water or electricity supply, as well as for events and consequences due to force majeure, are hereby excluded.
The Host expressly points out that the Villa del Lis is part of a former citrus cultivation area on a hillside with building and open space. Therefore, the Villa del Lis is neither barrier-free nor handicapped accessible. In particular, Villa del Lis is not suitable for children under the age of 10 without careful supervision by the parents or by persons responsible for supervision (instead of the parents). Liability on the part of the Host for possible personal injuries arising in this context is excluded.
§ 10 Internet access
The Host maintains internet access via WIFI in the Villa del Lis. The Host allows the Guest to share use of the WIFI access to the internet for the duration of the stay.
The Host does not guarantee the actual availability, suitability or reliability of the internet access for a specific purpose. The Host shall be entitled at any time to permit additional persons internet access via the WIFI in whole, in part or temporarily and to restrict or exclude the Guest‘s access in whole, in part or temporarily if the connection is or has been used in an illegal manner, insofar as the Host must fear a claim on account of this and cannot prevent this with normal and reasonable effort within a reasonable period of time. In particular, the Host‘s reserves the right to block access to certain pages or services via the WIFI at any time and at the Host reasonable discretion (e.g. pages glorifying violence, pornographic pages or pages for which a fee is charged).
The use of the WIFI is secured by means of access protection. The access data (login and password) may not be passed on to third parties under any circumstances.
The Guest undertakes to keep the access data secret. The Host has the right to change access codes at any time.
The Guest is informed that the WIFI only allows access to the internet, virus protection and firewall are not available. The data traffic established using the WIFI is not encrypted. The data can therefore possibly be viewed by third parties. The Host expressly points out that there is a risk that malware (e.g. viruses, Trojans, worms, etc.) may get onto the end device when using the WIFI. The use of the WIFI is at the Guest‘s own risk. The Host assumes no liability for damage to the Guest’s digital media caused by the use of the internet access, unless the damage was caused by the Host and/or his vicarious agents intentionally or through gross negligence.
§ 11 House rules, general rights and obligations
- The Guest is obliged to comply with the house rules.
- From 22:00 to 07:00 there is a night silence. To avoid disturbance, TV and audio equipment must be set to room volume.
- For the duration of the stay in the Accommodation Unit, the Guest is obliged – when leaving the holiday flat – to keep windows and doors closed and, in the event of announced or foreseeable heavy rain/storm, also to close the shutters on the hillside.
- Smoking is strictly prohibited in the entire building. In case of violations, the Guest may be charged a cleaning fee of up to 500,- Euro. Smoking is only permitted outside.
- Pets of any kind are not allowed.
- The Host or his vicarious agents shall have the right of access to the Accommodation Unit at any time, in particular in case of imminent danger. When exercising the right of access, due consideration shall be given to the Guest‘s legitimate interests. The Host shall inform the Guest in advance about the exercise of the right of access to the accommodation unit, unless this is unreasonable or impossible according to the circumstances of the individual case.
- Use of the pool is permitted from 08:00 to 20:00.
- Occupation of the sunbeds is only permitted during the stay at the pool.
- The other rules posted in the pool area must be observed.
- Mutual considerate treatment is required.
§ 12 Place of jurisdiction
Any disputes arising from the contractual relationship shall be settled by the Wolfratshausen Local Court, Bahnhofstraße 18, 82515 Wolfratshausen, Germany.
