TERMS AND CONDITIONS OF BOOKING
1. BOOKING AND CONCLUSION OF CONTRACT
1.1 On accepting terms and conditions, the customer submits a binding offer for conclusion of a contract for the provision of and permission to use a holiday property on the basis of the following terms of contract.
1.2 All people who will be staying at the property should be listed on the booking form (including children, infants and overnight visitors). The applicant is also responsible for registering the details of all other persons in the party, and the applicant is responsible for ensuring that the contractual obligations are met by all members of the party including the applicant him/herself.
1.3. The contract does not come into existence until the reservation confirmation/invoice has been sent.
2. RENTAL PERIOD AND RENTAL CHARGE
2.1 The minimum rental period is usually one week (seven nights). Reservations normally run from Saturday to Saturday (unless other arrangements have been made). Bookings for fewer than seven nights are possible during low season only
2.2 The prices are per rental property (not per person). Prices are for standard occupancy of the rental property - additional guests, insofar as they are allowed, are subject to an extra charge per person/per week.
3.1 A deposit of 30% of the total price is due immediately on conclusion of reservation. On receipt of the payment, the customer receives a confirmation email. The customer must ensure, without being asked, that the balance is in the Oliveta's account by 30 days (4 weeks) before the start of the rental period at the latest. If a holiday property is booked fewer than 30 days before the start of the rental period, a payment covering the full cost is due immediately on booking. The payment can be made by bank transfer or, by credit card (Visa or Mastercard). The choice of payment method - bank transfer or credit card payment - is included on the registration form and can be selected by the customer during the booking process.
3.2 Payment by bank transfer:
3.2.1 The oliveta's bank details are listed on the reservation confirmation. All bank charges (for the person making the transfer and for the recipient) are to be borne by the customer. Payments have to be made exclusively in euro. A copy of the bank transfer document must be sent to Oliveta by fax or email within four days after the payment .
3.2.2 If the payment has not been received from the customer within five days of receipt of the reservation confirmation/invoice and there is also no fax confirmation of the customer's bank transfer document, Oliveta is entitled to withdraw from the contract after issuing a reminder with a deadline .
3.2.3 If the outstanding balance has not been paid or paid in full by 30 days at the latest before the start of the rental period and if no fax confirmation of the customer's bank transfer document has been received, Oliveta is entitled to withdraw from the contract without notice.
3.2.4 In the case of short-notice bookings fewer than 30 days before the start of the rental period, if the total payment is not transferred immediately to the agency and if no fax confirmation of the customer's bank transfer document has been received, Oliveta is also entitled to withdraw from the contract .
3.2.5 All travel information, such as the rental voucher, address, directions to the property, etc. will be sent via email following receipt of the complete payment.
3.3 Payment by credit card (Visa or Mastercard):
3.3.1 It can only be done on line through our web site www.podereoliveta.it . Oliveta will immediately charge the outstanding amount to the customer's credit card. After the payment has been taken, the customer will receive a confirmation email.
3.3.2 If the payment cannot be taken successfully, Oliveta is entitled to withdraw from the contract after issuing a reminder and setting a deadline
3.3.3 The outstanding balance will be charged to the customer's card by the agency automatically on the due date unless otherwise stated . If the payment cannot be taken successfully even after a reminder has been issued, the agent is entitled to withdraw from the contract without notice
3.3.4 In the case of short-notice bookings fewer than 30 days before the start of the rental period, if payment of the total amount cannot be taken successfully, Oliveta is entitled to withdraw from the contract without issuing a reminder or setting a deadline and
3.3.5 All travel documents, such as the rental voucher, address, local telephone numbers, directions to the property, etc. will be sent via email following receipt of the complete payment.
4. SCOPE OF SERVICES
4.1 The scope of services follows from the description of the holiday property on the Oliveta's website, in accordance with all explanations listed there, as well as any notes and information relating to this contained in the reservation confirmation. Special requests will be met where possible, but will only form an integral part of the contract if confirmed in writing by Oliveta.
4.2 All circumstances that are not directly related to the holiday property and the contractual services, in particular the area surrounding the holiday property, and snow, shoreline and local environmental conditions in the area where the holiday property is located, are not included in the Oliveta's contractual obligations..
4.3 The number of people staying at a property must not exceed the maximum number of people stated for the property on the www.podereoliveta.it website. Exceptions to this must be arranged separately with the owner and approved in writing. Should more people than allowed stay at the property without prior written notice from the customer and written approval from Oliveta, the landlord reserve the right to deny the customer the use of the holiday property including after the customer's arrival.
4.4 In the circumstances detailed in Clause 5.3, the entire rental payment for the holiday property will be retained or, if still outstanding, must be paid nevertheless on site.
4.5 The customer is responsible for their own travel arrangements to and from the holiday property. The customer is responsible for ensuring that all travel regulations are complied with, in particular passport, visa, customs and health regulations.
5. CANCELLATION BY THE CUSTOMER AND COMPENSATION
5.1 The customer can withdraw from the contract at any time. In the interests of the customer, it is strongly recommended to advise Oliveta of the cancellation in writing, thereby also providing proof.
5.2 Cancellation becomes effective on the day the customer's declaration of cancellation is received by Oliveta. The compensation claim will be estimated as a fixed amount, at a percentage rate of the rental price according to the cancellation date as per the following scale:
30% of the total rental cost if the cancellation occurs from the first day after the booking has been made until 154 days prior to the beginning of the rental period, less bank fees.
50% of the total rental cost for cancellations occurring between the 153rd and the 34th day prior to the beginning of the rental period, less bank fees.
100% of the total rental cost for cancellations occurring between the 34rth and the day of your arrival.
Refunds on cancellations for any reasons whatsoever are not provided beyond that which is covered in the cancellation policy as stated above.
5.3 If the customer fails to arrive at the holiday property and has not expressly made a declaration of cancellation, the rental payment is still payable in full. The customer cannot claim a refund if they arrive later or depart earlier.
5.4 The customer is entitled to provide a substitute to come in their stead and who will assume all the rights and obligations in the contract concluded with the original customer. Oliveta must be informed of this immediately and sent the personal details of the replacement tenant (surname, first name, address, gender, date of birth and nationality).
5.5 There can be no reduction in the price for a retrospective reduction in the number of people once the booking has been finalised.
5.6 If the accommodation or booking date is changed after the reservation confirmation has been issued, this is considered as a cancellation followed by a new booking.
5.7 The customer is strongly recommended to take out insurance covering the costs of cancelling the booking.
6.1 The landlord is liable for ensuring that the holiday accommodation is in a condition complying with the description on the website www.podereoliveta.it. The property descriptions are as detailed and up-to-date as possible - subject to timely information about the current state of the property being supplied by the landlord.. The google maps are only approximative; the exact address will be sent via email following receipt of the complete payment.
6.3 The customer is liable for any damage caused to the holiday accommodation by them or any other people in their party.
6.4 Oliveta has no liability for occasional power and water cuts, or for the trouble-free operational condition of electrical appliances and equipment such as heating, air conditioning, swimming pool, etc. or for service failures caused by third parties which are not directly connected with the holiday accommodation and the contractual services.
6.5 Oliveta will not be held liable nor provide refund, partial or otherwise, for amenities and services not provided or for miscellaneous reasons outside of Oliveta's control. Amenities and services not provided include - but are not limited to for example bike or ping-pong table tennis, fireplace, dishwasher, washing machine provided by the landlords and incidental appliances. Miscellaneous reasons include - but are not limited to - insects that have entered the house, an individual particular perception of cleanliness, church bells, construction on site or nearby, dogs barking, cockerels crowing, tractors on farms, etc. Oliveta will have sole discretion to determine what amenities and services are considered to be essential to the operation of the villas and apartments.
6.6 Oliveta will not be held liable and will be otherwise held harmless for any events arising in law as a result of any delay(s), substitution(s), rescheduling(s), change(s), injury(ies), death(s), loss(es), inconvenience(s), damage(s) or cancellation(s) in the provision of accommodations or services provided by us for reasons of military action, revolutions, war, threat of war, riot or civil strife, natural disaster, fire, sickness, weather conditions, action at an airport or port by any government or public authority, technical problems relating to transport and airport regulations caused by technical, mechanical or electrical breakdowns or other circumstances .
6.7 Oliveta is not liable for accidents and injuries suffered by the customer and other people in their party in the holiday accommodation or in the grounds belonging to the holiday accommodation where these are not resulting from wilful or grossly negligent action on the part of Oliveta .
6.8 Oliveta is not liable for any personal losses and material damage suffered by the customer or other people in their party in the holiday accommodation or its facilities.
6.9 It is the customer's responsibility to inform Oliveta prior to booking of the age of all participants in the party as well as any medical conditions (allergies, heart conditions, mobility problems, etc.) or other special requirements in connection with the selected holiday accommodation. The holiday properties offered by Oliveta are not hotels, but chiefly privately-owned houses. As a result, their construction type and interior decor reflect the traditions typical of the region as well as the personal style and requirements of the owner. For this reason, not all holiday properties are suitable for older people, pregnant women, people with a disability, children or people whose height or weight is substantially above average. Oliveta will not acknowledge any objections if these or any similar issues have not been discussed prior to the booking and registered in writing .
6.10 the landlord is not liable for any consequences of the behaviour of accompanying pets either inside or outside the rented holiday accommodation. Oliveta is also not obliged to take any precautions to ensure the safety of an accompanying pet. Even if it is stated in the description that the holiday property is surrounded by a fence, this does not mean that the fence is impregnable or that it is designed in such a way that it is impossible for the accompanying pet to leave the property. The landlord is not liable for injuries, accidents or illnesses of a pet brought to the property by the customer. It is a requirement that the accompanying dog is insured and that the dog owner is informed that in 2003 the Italian Ministry of Health issued statutory regulations covering the breeds of dogs classed as dangerous by the Federation Cynologique Internationale (international kennel club)
7. WARRANTY, CUSTOMER'S OBLIGATIONS, TERMINATION AND TIME LIMIT
7.1 The number of occupants of the holiday property must not exceed the maximum number of occupants as stated in the price list (including children and overnight visitors) and must correspond with the booking, as paid by the customer. It is imperative that the number of people stated by Oliveta on the reservation confirmation is adhered to. This number may not even be exceeded with overnight stays for additional people in the holiday property, the garden or anywhere on the premises. It is also not permitted to substitute guests without informing Oliveta . In the event that the maximum permitted number of occupants is exceeded - even if only temporarily Oliveta can decide whether to turn away the extra people or charge an appropriate additional fee for the period concerned..
7.2 Even if sometimes the use of additional beds/infant cots is included in the rental price or is free, the use of these must be stated on the rental agreement , otherwise an extra charge will be levied at the property. All possible rearrangements of the beds (changing of twin bedrooms into double bedrooms and vice versa) must also be stated on the rental agreement, otherwise an extra charge will be levied at the property.
7.3 Pets can only be brought to the holiday property if this has been agreed in advance in writing,. Their number, type and size must be stated in writing, and it is forbidden to allow the pet on sofas, beds or in the swimming pool..
7.4 The customer and others in his party are bound by contract to treat the holiday property and everything on the inventory with due care and consideration. If any damage occurs during the rental period, the customer must immediately inform and where necessary reimburse the landlord or his local representative.
7.5 The customer who has signed the rental contract is responsible for ensuring the respectable and reasonable behaviour of the people in his group. If during the occupancy of the holiday property, , , the contract is continually breached by the customer or the customer behaves in a way that contravenes the contract to such an extent that the contract can be immediately justifiably cancelled, the landlord can terminate the contract without notice and ensure that the house is vacated by excluding the guests from the property. This applies in particular when, despite a warning, the guests continue to occupy the property in a way that contravenes the contract, particularly in the case of over-occupancy, or the house rules are broken or domestic peace is significantly disturbed or significant damage is caused to the holiday property either intentionally or through gross negligence. In any case, the rental payment is still due in full.
7.6 In the event of the occurrence of any service or amenity failures, the customer is obliged to take all reasonable measures to help to rectify the failure and to minimise any potential damage that may occur.
7.7. If the customer notices defects in the holiday accommodation, the customer is legally obliged to advise the relevant parties of this immediately. The customer must pass on this information to the landlord immediately after moving into the holiday property so that remedial action can be taken. In the unlikely case that remedial action is not forthcoming, complaints must be sent to the landlord immediately so that appropriate action can be taken to validate the complaints and rectify the service failure or provide a replacement.
7.8 Should the customer be negligent and fail to inform the landlord immediately of defects in the holiday property, the customer then has no basis for claims.
8. ADDITIONAL PROVISIONS FOR HOLIDAY PROPERTIES
8.1. The landlord or his local representative is authorised to request an appropriate deposit when handing over the key. The deposit must be provided in cash (euro) when the customer collects the key and will be returned in the same currency as long as there has been no damage to the holiday property. If the deposit is not provided, the landlord is entitled to deny the customer access to the property. In this event, the customer forfeits any monies already paid and has no right to a claim for compensation. After the keys to the holiday property have been handed back as required and following the settlement of all liabilities, the deposit is returned to the customer immediately. If the customer leaves the property early and does not adhere to the agreed departure date, the deposit will initially be retained. The deposit will be returned to the customer after his departure and after the house has been checked by the landlord, less any costs for any damage caused and/or for any unpaid service charges. The appraisal of the state of the house and the extent of the unpaid service charges is the sole responsibility of the landlord in this case. The refunding of the deposit does not affect any potential claims for damages made by the landlord. The deposit and the final refund calculation are dealt with directly on site by the customer and the landlord
8.2 On arrival, the customers must show their passport or ID card so that the landlord or his local representative can register the guests with the Italian authorities as is required by Italian law.
8.3 The agreed rental price includes the services listed in the description of the offer. Variable costs which depend on the number of the people in the party, the profile of the party or on consumption (e.g. electricity, gas, heating, firewood and water) are in some cases paid to the landlord according to usage. Fixed service charges which are not dependent on usage must be paid for on arrival. Usage-dependent charges (e.g. for heating, telephone, etc.) must be paid before departure. The final settlement of service charges is dealt with directly at the property by the customer and the landlord. Bath and bed linens are changed, unless otherwise stated, once a week (Saturdays).
8.4 Special services are available on request. Customers requiring special services (e.g. extra maid service, laundry service, cook service) have to pay for those services directly at the end of each working day. Pre-arranged extra service(s) can be subject to a deposit payable in advance as a guarantee in the event of cancellation. The agency must receive the service request at the time of booking. Once requests have been made, a reduction in the number of hours (e.g. babysitter, maid service, etc.) or participants (e.g. meals) cannot be processed. Cancellation of services requires written notice to be received a minimum of 60 days prior to the rental date and will be subject to the charge of 50% of the cost of the pre-arranged extra service. Cancellation of services occurring between the 59th day prior to arrival and the day of your arrival will be subject to the charge of 100% of the cost of the pre-arranged extra service. These services are not guaranteed and are subject to change. A handling fee will be charged for any change made to a service which has been booked.
8.5 The specified arrival and departure dates are binding. Requests for alterations must be submitted in writing and do not become legally effective until confirmation has been received from the landlord. Unless otherwise stated in the description of the offer, the customer may not move into the holiday property before 3.00pm on the day of arrival, as the property will otherwise not be in a fit condition to be handed over. The customer must arrive by 6.00pm at the latest, otherwise the owner of the property is not obliged to allow the guests entry to the rental property on the same day. Guests arriving later must stay the night in a hotel at their own expense. If the customer's arrival is delayed, the customer must telephone the landlord. If checking-in is still permitted despite a delayed arrival or if checking-in has to be postponed, the landlord is entitled to charge a fee to cover his expenses for additional waiting time or an unplanned journey to the holiday property. Arrivals late at night or on Sundays are usually not possible. The holiday property must be vacated by 10.00am at the latest on the day of departure and must be handed over in a clean condition and with a complete inventory.
8.6 Please note: the charge for the final cleaning does not absolve the customer of the responsibility of cleaning the kitchen or kitchenette (including crockery and cutlery). The customer must ensure that these are clean for the handover. Should the state in which the customer leaves the property necessitate excessive cleaning (e.g. washing dishes, rubbish removal, shampooing or dry cleaning of soft furnishings or carpets, etc.), the landlord is entitled to claim for the additional costs in addition to the final cleaning fee. Even if no cleaning fee is anticipated, the customer must hand over the holiday property in a clean and orderly state. The landlord or his local representative reserve the right to enter the holiday property in order to carry out essential care and maintenance work (relating to the garden or swimming pool, etc.)..
9. ALTERATIONS AND CANCELLATIONS BY OLIVETA
Though it is unlikely Oliveta will have to make any changes to confirmed arrangements, it will advise the customer at the earliest possible opportunity. If, for some unforeseen reason,the property that has been booked cannot be made available because it is either destroyed, uninhabitable due to structural damage or essential equipment and fixtures such as heating, electrical systems, plumbing or the hot water system being out of operation, or rented to another party in error, or is uninhabitable because it is not in working order as per these booking conditions,the payment made by the customer will be reimbursed by Oliveta .
10. DATA PROTECTION
Oliveta agrees to use the data collected only for the purposes of the booked trip and for customer service, and only to pass it on to authorised third parties. The exception to this is any situation where there is an official or legal obligation to divulge this information.
11. LIMITATION PERIOD
11.1 Any claims the customer has arising from the rental contract expire in twelve months. The limitation period starts on the day stated in the contract as being the day on which the stay in the rental property ends.
11.2 Any claims that the customer has arising from the trip in relation to the contract or its implementation cannot be transferred, no matter what the cause in law, to any third party, including spouses. The assertion of claims in the third party's own name is also not allowed.
11.3 The customer is not authorised to meet demands for payment of the price agreed on by offsetting counter claims, unless the counter claim is acknowledged or legally determined.
12. PLACE OF JURISDICTION AND MISCELLANEOUS PROVISIONS
12.1 In terms of the contractual relationship, Italian law applies exclusively. The place of jurisdiction is Siena , Italy. For any legal proceedings started by Oliveta against the customer, Siena is the sole place of jurisdiction.
12.2 All collateral agreements pertaining to the contract must be made in writing.
To protect against cancellation caused by unforeseen events, such as illness in your family, strikes, last-minute problems and any other matters, we strongly urge you to purchase trip cancellation insurance, to provide recourse for deposits and balances paid. You may also wish to purchase health insurance. Policies can be arranged through your local travel agency.
For more information on getting insurance online, please visit the following websites: www.podereoliveta.it