Terms and conditions

Payment and General Terms and Conditions of the Tourist Leasing Contract

PAYMENT - RENTAL OF TOURIST ACCOMMODATION

Bookings will be considered confirmed on receipt of a deposit equal to 30% of the total cost of the stay, which must be made in accordance with the procedures set out below. For bookings made less than 15 days before the start of the stay, the entire balance must be paid. Payment of the deposit can be made directly by Credit Card at the time of booking on the website or by bank or postal transfer (to be made within 3 days from the date of the booking request) to the account listed below. The balance of the stay must be paid by bank or postal transfer at least 15 days before arrival. Any deposits, surcharges and/or additional costs that are stipulated in the individual property details (e.g. final cleaning) must be paid on arrival.

Bank transfer payable to ELBABNB di Barbetti Andrea C/C n. 6273
Banca Cassa di Risparmio di Volterra - Agenzia di Capoliveri
IBAN: IT24 N063 7070 6600 0001 0006 273
BIC: CRVOIT3V

PLEASE NOTE: within 3 days from the date of booking, the accounting copy of the down payment must be sent to the e-mail address: ........................ If within 5 days from the date of the reservation we do not receive a receipt proving that the deposit has been paid in accordance with the above conditions, the reservation will be automatically cancelled.

Upon receipt of the deposit, we will send an e-mail confirming the reservation, which must be presented upon arrival at the reserved property.

GENERAL TERMS AND CONDITIONS OF THE HOLIDAY RENTAL CONTRACT

1 - TRAVEL CONTRACT AND LIABILITY

The responsibilities of .................... (henceforth the "Organiser"), by virtue of its authority to lease the properties listed on the website
www......................it, may in no case exceed the limits provided for by the regulations in force.

2 - BOOKINGS

Acceptance of bookings is subject to the availability of places and shall be deemed finalised, resulting in the conclusion of the contract, only at the time of written confirmation by the Organiser, including by electronic means. The Organiser may issue the consumer with a copy of the receipt only if already in possession of the confirmation referred to in the previous paragraph. Any information relating to the booking and not contained in the contractual documents, brochures or other means of communication will be provided by the Provider in good time before the start of the holiday.

3 - DOWN PAYMENT AND BALANCE

A deposit of 30% of the total cost of the stay must be paid at the time of booking. The balance of the stay must be paid at least 30 days prior to arrival. For bookings made less than 30 days before the start of the stay, the entire balance must be paid. More detailed information on payment methods can be found under 'payment'.

4 - CONSUMER WITHDRAWAL

The consumer may withdraw from the contract, without paying anything, only if he or she is informed of a change in an essential element, in which case, if he or she exercises his or her right of withdrawal, he or she has the right, alternatively, to use another holiday package or to be reimbursed the part of the price already paid at the time of withdrawal. The package holiday that the consumer decides to take advantage of must be of an amount not less than that originally envisaged. If the organiser or, on its behalf, the seller are unable to offer a package of an equivalent or higher amount, the consumer is entitled to be reimbursed the difference. If the consumer withdraws from the contract in cases other than those envisaged in the preceding paragraphs of this article, sums not exceeding those indicated below shall be charged by way of withdrawal fees.

Stays in Holiday Homes, Apartments, Villas and Residences:
10% of the total amount of the stay from the day of booking until 60 days before the start of the stay;
30% of the total amount of the stay from 59 to 31 days before the start of the stay;
75% of the total amount of the stay from 30 to 14 days before the start of the stay;
100% of the total amount of the stay from 14 days prior to the start of the stay and in the event that the stay already started is interrupted.

5 - SUBSTITUTIONS

The renouncing customer may be replaced by another person provided that:

a) the Organiser is informed in writing within 30 working days before the date fixed for departure, receiving at the same time notification of the particulars of the transferee;
b) there are no reasons relating to passports, visas, health certificates, accommodation chosen, transport services or in any case such as to make it impossible for a person other than the renounced customer to use the package;
c) the person taking over reimburses the Organiser for any expenses incurred in making the replacement to the extent that will be quantified at the time of communication of the transfer.
He/she shall also be jointly and severally liable with the transferee for payment of the balance of the price, as well as the amounts referred to in letter c) of this article.

6 - NON-EXECUTION

The consumer may exercise the rights provided for in Art. 5 above, even in the case where, before departure, the organiser, for any reason other than the consumer's own doing, communicates the impossibility, for reasons beyond his control, of carrying out the services that are the subject of the booking and provided that this is brought to his attention within the time limit prior to the start of the tourist services indicated by the organiser. In this case, as well as in the case of the cancellation referred to in Article 4 above, the Organiser will only be obliged to reimburse the sums received within 10 working days from the time of cancellation or withdrawal, excluding any further disbursement.

7 - PARTICIPANTS' OBLIGATIONS

Participants must be in possession of an individual passport or other valid document. They must also comply with the rule of normal prudence and diligence to all information provided to them by the Organiser, as well as the regulations and administrative or legislative provisions relating to the booking. Participants shall be liable for all damages that the Organiser may suffer as a result of their failure to comply with the aforementioned obligations. The consumer is obliged to provide the Organiser with all documents, information and elements in his or her possession that are useful for the exercise of the latter's rights of subrogation against third parties responsible for the damage and is liable to the Organiser for the prejudice caused to the right of subrogation. The consumer shall also communicate in writing to the organiser, at the time of booking, those details desired that may possibly form the subject of specific agreements on the arrangements for the stay, provided that it is possible to implement them.

8 - CLASSIFICATION OF ACCOMMODATION

The accommodation chosen for the stay, in the absence of official classifications recognised by the competent Italian public authorities to which the relative service refers, is established by the Organiser on the basis of its own criteria for assessing quality standards.

9 - LIABILITY OF THE ORGANISER

The organiser is liable for damages caused to the consumer as a result of the total or partial non-fulfilment of the services contractually due, whether these are carried out by him personally or by third party service providers, unless he proves that the event was caused by the consumer (including initiatives autonomously taken by the latter during the execution of the services booked) or by those unconnected with the provision of the services envisaged in the contract, by unforeseeable circumstances, force majeure, or circumstances that the organiser himself could not, according to professional diligence, reasonably foresee or resolve.

10 - OBLIGATION TO PROVIDE ASSISTANCE

The organiser is obliged to provide the measures of assistance to the consumer imposed by the criterion of professional diligence exclusively with reference to its obligations under the law or the contract. The Organiser is not liable to the consumer for the seller's failure to fulfil its obligations.

11 - COMPLAINTS AND CLAIMS

The consumer, under penalty of forfeiture, must immediately report in writing, in the form of a complaint, to the Organizer any discrepancies and flaws in the booked holiday, as well as any shortcomings in its organisation or realisation, at the time of their occurrence or, if not immediately recognisable, within 10 days from the date of the planned return to the place of departure. If the complaints are made at the place of execution of the tourist services, the organiser must provide the consumer with the assistance required by Article 10 above in order to seek a prompt and fair solution. Similarly, the organiser must provide the same, even in the case of a complaint made at the end of the services, guaranteeing in all cases a prompt response to the consumer's requests.

12 - CANCELLATION INSURANCE

If not expressly included in the price, before departure it is possible, and indeed advisable, to take out special insurance policies for the cancellation of your stay, for accidents and luggage. In the case of foreign nationals, it is also advisable to take out an assistance contract covering repatriation costs in the event of accidents and illness.

13 - PRIVACY

The consumer declares that he/she has received an information sheet in accordance with Article 13 of Legislative Decree No. 196 of 30 June 2003 (Personal Data Protection Code) and, having taken note of it, consents to the processing of his/her personal data.

14 - PLACE OF JURISDICTION

The Court of Livorno shall have exclusive jurisdiction over any dispute arising from this contract. By mutual agreement, however, it may be agreed that disputes arising from the application, interpretation, execution of the contract shall be referred to the decision of a Board of Arbitrators composed of as many arbitrators as there are parties to the dispute plus one who shall act as President appointed by the arbitrators already designated, or, failing that, by the President of the Court of Livorno. The Board of Arbitration, which shall have its seat in the place where the Organiser's registered office is located, shall decide ritually and according to law, after any attempt at conciliation.

FACILITIES USED

All the operators of the facilities published on this website have declared in the agreements with the Organiser their suitability of the services as well as, in the same agreements, have declared that they are duly authorised to carry out their activities.

CRIB

The cost of the cradle, if any, includes overnight accommodation only.

DISTANCES

The distances given for each facility are to be considered approximate.

ENROLLMENT FEES

There are no registration fees.

VALIDITY OF PROGRAMMES AND FEES

The programmes on this website are valid for the period indicated (if specified) or for the current year (if no period is indicated). Vessel operations, descriptions of facilities, itineraries and excursions, as well as information on destinations are provided by the Organiser based on the information in its possession at the time the programmes were drawn up and are subject to change even without prior notice.

CAUTIONS

Clients, if applicable, must pay on arrival, directly to the property, a deposit equal to the amount indicated in the price list. The amount will be returned at the end of the stay after checking the property. In case of damage, an amount equal to the damage caused will be retained.

PRICES AND DISCOUNTS

Flat prices are per unit; where otherwise specified, please refer to the price tables of each property. The prices displayed on this website are in Euros and include VAT, if applicable.

BEDS

The maximum number of persons allowed in the flats is indicated in the data sheet of each individual property.

BAGGAGE

Baggage travels at the client's own risk and any loss or damage shall not be the responsibility of the organiser.

START OF STAY

The start and end date of the stay is indicated in the individual accommodation listing. Any exceptions are only granted by the facilities according to their organisational requirements. Normally the flats are handed over between 4.00 p.m. and 7.00 p.m. on the day of arrival. The apartments are returned by 10.00 a.m. on the day of departure. Except where otherwise indicated in the data sheet of each individual facility.

FEES INCLUDE

Accommodation at the chosen facility and treatment according to the services booked and confirmed. Also included are VAT, if applicable, service rates and all specifications indicated in the offer.

ORGANISATION

............. of .............. - Via Manganaro, 98 - 57037 Portoferraio - VAT No. .................

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