General Conditions
BOOKING TERMS AND CONDITIONS
General terms and conditions of contract for holiday homes.
The following terms and conditions apply to all the contracts for the rent of holiday houses Villas, apartments, rooms, etc.) made according to the booking procedure here indicated.
The contracting parties are the customer(s) on one side and the owner/manager/agency/operating company of the accommodation, or any other operating subject on the other (hereinafter
“owner”) as identified in the holiday offer. The owner delegate the booking process to ITALVILLA by Best Holidays in Italy LTD , hereinafter "IBHI", with seat in 25 Herbert Place , D02 AY86 Dublin 2, Ireland , as intermediary of the process.
1. Position and services provided by IBHI, applicable law.
1.1. IBHI is an intermediary for services provided by others. This includes (and it is not limited to) concluding contracts for the rent of holiday accommodations with customers. These intermediated contracts are concluded between the customer and the owner of the object (“object” means house, apartment, villa or any other kind of holiday accommodation). The owner is the person or any other subject specified in the booking confirmation.
1.2. The rights and duties of IBHI result from these terms and conditions and from possible additional contractual agreements.
1.3. These terms and conditions contain rules about the stay as well as the rights and duties of customers and owners. This agreement is binding for the owners, here represented by IBHI, and for the customers.
1.4. Further offers in the object description, e.g. cooking classes, bike rental service etc. are only intermediated by IBHI, and not directly provided by it. IBHI, therefore, declines any responsibility regarding them.
2. Booking details and confirmation.
2.1. The booking procedure is made directly via the web portal forms and/or dedicated systems, according to the web portal booking conditions. IBHI is not responsible for the content of listings (descriptions, photos, prices, extras, etc.). IBHI receives the customers’ request for booking
once the same has been finalised by the customers on the web portal itself.
2.2. When booking, the customer accepts to conclude the contract with the owner of the object, represented by IBHI, according to the terms and conditions indicated in the object offer, other supplementary information enlisted in the web portal and these terms and conditions.
2.3. The booking request made by the customer via the web portal is immediately binding on his part. The contract is concluded when IBHI, as representative and on behalf of the owner, sends the booking confirmation via e mail to the email address indicated by the customer in his booking request.
2.4. The document containing all the information necessary to reach the accommodation, as well as the owner contact details (here after the Voucher) will be issued by IBHI after receipt of the balance of the rental price, as per payment terms described below. The Voucher indicates the itinerary for reaching the accommodation or any other meeting point for handing over the keys. It is forbidden to give the Voucher to others or to arrive in a larger number of persons than indicated on the Voucher, or than the number of places available in each accommodation unit, except for children up to three years of age. Any substitution of persons during the rental period is prohibited, unless agreed in advance with IBHI. Failure to comply with these clauses shall entitle the property owner to refuse the client access to the rented accommodation unit. In the event of such non-compliance occurring during the stay, the owner may demand the customers to immediately leave the rented object and the client shall not be entitled to any refund.
2.5. Pets are allowed only where expressly indicated. The customer shall indicate the possible presence of animals, the number and their size at time of the booking request.
In some cases an additional fee for pets may be requested by the owner; such fee will be indicated on the booking confirmation e-mail and/or in the Voucher, and will be paid directly to the owner.
3. Payment processing, security deposit, cancellation policy.
3.1. IBHI is the authorized collecting agent on behalf of the owner for all the sums related to rental price and any cancellation fees.
3.2. Upon receipt of the booking confirmation via e-mail, the customer shall pay a sum consisting of the 30% of the total amount of the rental price (the exact amount will be determined for each booking request and indicated in the confirmation e-mail) to the bank
account indicated in the booking confirmation e-mail within 3 days.
3.3. 60 days prior to the start date of the reservation (unless otherwise stated in the booking confirmation), as per payment dates indicated in the booking confirmation e-mail, the customer shall pay the balance of the rental price to the same bank account.
3.4. Although the booking request is binding on the customer, he is nonetheless granted a right of withdrawal in the contracts intermediated by IBHI on behalf of the owners. The right of withdrawal must be exercised in writing and addressed to IBHI, via e-mail at: info@italvilla.org.
3.5. In case of withdrawal, the owner charges, through IBHI as collecting agent, the following flat rate cancellation fees:
(i) in case of withdrawal up to 60 days prior to the start date of the reservation: 30% of the rental price;
(ii) from 59 to 30 days prior to the start date of the reservation: 50% of the rental price;
(iii) from the 29th day prior to the start date of the reservation: 90% of the rental price;
(iv) no show: 100% of the rental price.
4. Duties of the customer.
4.1. Customers are required to treat the accommodation and its belongings respectfully and with care. Customers are not allowed to place tents, caravans, pavilions or other additional housing solutions on the property. 4.2. Customers shall behave according to the normal rules of civilization, respecting other guests or neighbours. Any behaviour contrary to such rules (e.g. disturbing the public peace, breaking objects, playing loud music, littering the property, etc.) may result in expulsion from the property, at the sole discretion of the owner. 4.3. It is prohibited to organise parties or similar gathering.
4.4. In case of problems related to the rented object, the customer is legally required to cooperate in solving the problems or remedying the deficiencies. When the customer has a complaint, he is required to: (i) directly inform the owner of his complaint as soon as possible, and in any case during his stay, so as to allow the owner to remedy any problem; (ii) inform IBHI via e-mail at info@italvilla.org of the complaint immediately on the day of arrival or, at the latest within 48 hours from the arrival or from the day of occurrence of the situation causing the complaint. The customer further undertakes to grant the owner the time necessary to try to remedy the problem.
4.5. IBHI will not take into consideration complaints that are not reported as per the above notification terms and within the above deadlines. BHI does not recognize weather events, presence or/and insect bites, lack of electricity, internet, gas, or water as justifiable causes of complaint if this depends on the service providers. In case of non-compliance with the above notification terms and deadlines, clients who leave the accommodation before the scheduled date will forfeit any right to a refund of the rental price or a compensation for damages and will in no case be reimbursed for hotel, flights, car hire and/or any other costs that may have been incurred.
5. Liability.
5.1. IBHI’s duty is to intermediate the contract between the parties with the professional care required by the job.
5.2. Should force majeure prevent IBHI from making the booked accommodation available to clients, IBHI reserves the right to be able to assign another accommodation with similar or superior characteristics. Acceptance of the new accommodation extinguishes all rights to any refunds or claims of any kind.
5.3. IBHI acts as an intermediary for the owners. All objects’ descriptions are written in good faith and according to the information received by the owners. If, exceptionally and unbeknownst to IBHI, changes have been made to the rented objects, BHI refuses any and all liability for such non-conformity but will nonetheless make prompt efforts to verify and resolve any problems, within its powers.
6. Arrival –Departure, extra costs and other important information about the stay.
6.1. Check-in is open from 4 pm to 7 pm, unless otherwise stated on the Voucher. Should the client be late on the day of arrival, he/she is required to inform the owner or the contact person indicated on the Voucher. In the event of an unannounced delay, IBHI and the owners represented by IBHI accept no liability and will not refund the customer for any expenses of any kind; access to the accommodation will be provided on the following day. For arrivals after 7 pm, which have been previously agreed with IBHI or the owner, a late check-in fee may be charged to the customer. 6.2. On arrival, the customer is required to present the Voucher and an identity document (passport or ID card) for all guests to the owner of the booked accommodation or his agent in order for them to be registered with the relevant Authorities.
6.3. A cash deposit must be left upon arrival directly to the owner, as indicated in the booking confirmation e-mail. On the morning of departure, the deposit will be returned in cash after deduction of the costs (if any), as stated in the booking confirmation e-mail. The amount for any damages to the house or its equipment that may have occurred during the customer’s stay and which may be ascribed to the customer is also withheld from the cash deposit. The customer is in any case liable to the owner for any damage caused to the house exceeding the amount of the security deposit. The owner or his representative will refuse entry to the accommodation to any customer who has not paid the security deposit. 6.4. All extra costs (final cleaning, A/C, electricity or heating consumption, etc.) indicated in the Voucher are to be paid on site upon arrival or when requested by the owner.
6.5. On the day of departure, the customers are requested to leave the accommodation between 8 am and 10 am. On this occasion, the owner of the accommodation will check that the kitchen (sink, working areas) is clean and that the accumulated waste is properly disposed in the appropriate containers. For hygienic reasons, the above mentioned services are not included in the "final cleaning" fee. In the event that the accommodation is returned particularly dirty and/or with dishes to be washed, the owner is authorized to charge Euro 50 from the security deposit as an additional fee. In the case of departures outside the check-out time and in the event that the owner is unable to inspect the rented house, the owner is authorized to refund the deposit afterwards (via bank transfer and after deduction of any damages) and only after the accommodation has been inspected.
6.6. The owner or his representative reserves the right of access to the rented property to carry out essential routine maintenance work (garden, pool cleaning, etc.).
7. Applicable law and jurisdiction.
7.1. Any claims connected to or deriving from the contract of rent shall be addressed to the owner of the accommodation.
7.2. Should any element of these terms and conditions be invalid, become ineffective or have an unintentional regulatory gap, the effectiveness of the remaining terms shall remain unchanged. For all the terms not specifically provided, the Irish law shall apply.
7.3. Any claim arising out of these terms and conditions shall be put forward in the Court of Dublin and decided according to Irish Law.