General Terms and Conditions
Art. 1
Subject matter of the contract and definitions
1.1 These general terms and conditions govern the contract for the short-term rental of the private Holiday Home ‘Villa Francesca’ in 25088 Toscolano Maderno (BS), via Statale 189 (locazione breve di casa per vacanze privata as defined by Lombardy Regional Law no. 27/2015) and the online booking request for the same property.
1.2 The rental property is recorded in the building cadastre as follows: K.G. L312 Toscolano-Maderno, B.p. 3447, B.e. 2, Sheet 28, Category A/7 (hereinafter ‘the Holiday Home’).
1.3 The Landlord of the Holiday Home is architect DI. Wolfgang Krebs, Linzerstrasse 6, A-4810 Gmunden, tax number: KRBWFG70T17Z112K (hereinafter ‘the Landlord’).
1.4 The term ‘User’ is used uniformly for visitors to the website and renters. The term refers to both women and men.
Art. 2
Conclusion of contract
2.1 The information contained on the website does not constitute an offer to conclude a short-term rental contract. The Holiday Home and its essential properties offered for rental are described on the website and its essential properties.
2.2 The booking request shall be considered a legally binding offer to the Landlord arch. DI. Wolfgang Krebs.
2.3 To make a booking request, the User must first fill out the relevant booking form and provide the data for the conclusion of the contract and specify a payment method. Business customers can specify that they require an invoice. These general terms and conditions must also be accepted in full, and the Landlord must be given authorisation to process the personal data. Immediately before sending the booking request, the User is given a summary of the essential data, such as the booking period and the total price. The booking request is transmitted by activating a button (‘Button’), which is clearly legible and marked exclusively with the words ‘Book with obligation to pay’.
2.4 The Landlord is free to accept the offer and is not obligated to do so. A right to refuse the booking request exists, among other things, if: a) the Holiday Home is no longer available (regardless of whether it is still shown as available on the website); b) the Landlord does not receive the payment or the authorisation of payment method fails; c) the price or information contained on the website contains an obvious error or this information is displayed incorrectly; d) the Landlord cannot process the request for technical or legal-administrative reasons.
2.5 The short-term rental contract shall be deemed to be concluded at the moment when the Landlord has confirmed acceptance of the contract offer to the User’s email address. Prior to this, no contract is concluded. Said email contains all the information relating to the contract concluded and shall be regarded as a durable medium.
2.6 Information on the availability of the Holiday Home provided on the website is merely indicative and the Landlord is not responsible for updating it. The actual availability is only confirmed by the Landlord’s acceptance of the contract offer, subject to the existence of material errors.
2.7 Bookings may only be made by persons who are of age and legal capacity.
Art. 3
Duration
3.1 The duration of the contract corresponds to the period indicated by the Landlord in the booking confirmation.
3.2 The maximum duration of the short-term rental contract is 30 days (in the event of several contracts with the same tenant, the periods are added together).
3.3 Tacit extension or renewal of the contract is excluded.
Art. 4
Purpose of the contract and services
4.1 The Landlord undertakes to keep the Holiday Home available for the period booked by the User and to provide the additional services listed in Art. 10.
4.2 The User undertakes to use the Holiday Home exclusively for holiday purposes and recreation and to maintain it in compliance with all relevant regulations and with due care. The User is obligated to observe the house rules and in particular the smoking ban inside the Holiday Home. The Holiday Home may be used by a maximum of 5 people during the booked period.
Art. 5
Prices
5.1 The total price indicated when the booking request is sent comprises the rental fee including the additional services listed in Article 8, the credit card charges payable by the Landlord and the local tax (the latter at the applicable rate and subject to adjustment by the competent authorities). The rent is not subject to statutory value added tax (Art. 10, para. 8 of the Presidential Decree No. 633/1972).
5.2 The price stated at the time of the booking request – subject to material errors – is binding for the parties. The Landlord reserves the right to change the prices listed on the website at any time.
Art. 6
Payment terms
6.1 Payment of the price is made in advance by bank transfer, PayPal or credit card.
6.2 As a rule, refunds are made via the original means of payment used. In exceptional cases, a refund may be made by bank transfer to the customer’s account.
Art. 7
Cancellation fees and User’s right of withdrawal
7.1 For cancellations up to 7 days prior to arrival, no additional cancellation fees will be charged. Cancellations made within 7 days of arrival will incur a charge of 100% of the total amount booked.
7.2 In the event of early departure, late arrival or no-show, a cancellation fee of 100% will be charged for the days booked but not used, while the full price will be charged for the remaining days.
7.3 Cancellation by the customer must be made exclusively in writing.
7.4 The Landlord shall be entitled to offset the cancellation fees and/or the price with the deposit or to debit the specified payment method accordingly.
7.5 The User has no right of withdrawal within the meaning of Art. 52 et seq. of Legislative Decree 206/2005, because the Landlord does not act for purposes which can be attributed to a business activity and also because the Holiday Home is made available to the User within the meaning of Art. 59 letter n) of Legislative Decree 206/2005 for a specific period of time.
Art. 8
Landlord’s right of withdrawal
8.1 The Landlord shall be entitled to withdraw from the contract if inquiries have been made by other Users about the Holiday Home and the User does not waive his right to cancel after being asked by the Landlord to do so within a reasonable deadline.
8.2 Subject to the right of withdrawal in Art. 6.2, the Landlord shall be entitled to withdraw from the contract for objectively justified, extraordinary reasons, in particular if: a) force majeure or circumstances for which the Landlord is not responsible make it impossible to fulfil the contract; b) the Holiday Home is booked under misleading or false information regarding the identity of the User and the User’s ability to pay; c) the purpose of the User’s stay is unlawful or immoral; d) insolvency proceedings have been opened against the User’s assets.
Art. 9
Additional services
9.1 The following additional services shall be provided for the duration of the stay: Cleaning and laundry service (once per week), electricity, water, heating, air conditioning, Wi-Fi.
9.2 The renter shall use the services listed in the previous article within the scope of fair use. In the event of significantly above-average use, the Landlord reserves the right to claim compensation for costs.
Art. 10
Inventory
10.1 The inventory of the rented apartment is the property of the Landlord and includes, but is not limited to: Wi-Fi router, washing machine, dishwasher, induction stove, flat screen TV, outdoor grill, kitchen utensils, terrycloth and bed linen, crockery, cutlery, glasses and decorative items.
10.2 The Landlord expressly reserves the right to sue the User for damage to the inventory that can be proven to have occurred during the User’s stay.
Art. 11
Key handover and return
11.1 The keys will be handed over on arrival and a briefing on the property will take place between 2pm and 8pm on the day of arrival. The User is not entitled to an earlier provision.
11.2 The Holiday Home must be returned on the day of departure between 8am and 11am by handing back the keys to the Landlord or to a person expressly commissioned by him. Thereafter, the Landlord may demand 100 percent of the full valid daily rent from the User in each case in addition to the damage incurred by him, without the latter having any contractual claims.
Art. 12
Subletting and assignment of contract
12.1 Subletting the subject of the contract in question or the assignment of the rental contract to third parties is prohibited.
Art. 13
Liability
13.1 The User releases the Landlord from any liability for damage related to the rental property caused by the User or by other persons and things.
13.2 The User shall be responsible to the Landlord and/or third parties for all damage related to the Holiday Home caused by the User or other persons and things. In particular, the User shall be liable for damage to the property and inventory caused intentionally or negligently, as well as for significant uncleanliness.
13.3 In particular, the use of the in-house pool by the User or other persons is unsupervised and therefore at the User’s own risk.
Art. 14
Tax-related aspects
14.1 This short-term rental contract is concluded with the option of the flat tax regime (cedolare secca within the meaning of Art. 4 of Legislative Decree 50/2012, converted by Legislative Decree 96/2017). The rent is not adjusted to the ISTAT index, in particular because this is a short-term lease. No registration duty or stamp duty is payable.
Art. 15
Final provisions
15.1 This contract is governed by Italian law.
15.2 For all disputes arising from or in connection with this contract, the parties stipulate that the courts with jurisdiction for the municipality of Bolzano shall have exclusive jurisdiction. The User is informed of the existence of the European Commission’s platform for online dispute resolution (ODR platform) in consumer matters, which can be accessed at https://ec.europa.eu/consumers/odr. However, the Landlord, who is also not acting as an entrepreneur in this regard, is not obligated and does not undertake to use a body for alternative dispute resolution.
15.3 Amendments and collateral agreements to these terms and conditions require written confirmation by arch. DI. Wolfgang Krebs to be valid and apply only to the individual business case.
15.4 Should individual provisions of this contract be or become ineffective, this shall not affect the effectiveness and validity of the remaining parts of the contract.
15.5 These general terms and conditions were last updated on 25/06/2021. The Landlord reserves the right to amend these terms and conditions at any time.
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In accordance with Art. 1341 of the Civil Code, when sending a booking request, the User declares to have read and expressly accepted the contractual clauses in Art. 3.3 (exclusion of tacit renewal/extension), Art. 6.2, Art. 7 and Art. 8 (power to withdraw from the contract), Art. 13 (limitations of liability) and Art. 15.2 (place of jurisdiction).