April 20, 2020
The following Contract conditions are legally binding in the relationship between any party which, as tenant, owner, property manager or individual or legal person of another kind, registers with the Web sites
in order to offer for rent, also making the relevant advertising, one or more properties as tourist accommodation, as well as advertising a property or properties of his own. These people are hereinafter called the Landlords. The guests staying on holiday or travellers to whom the property managed by the Landlord - hereinafter the Tourist Accommodation - is offered, are called the Tenants. The following General contract conditions (GCC) are a full part of the contract, and are legally binding. The contract partner of the Tenant is the Landlord of the Tourist Accommodation. The Landlord may have his own conditions and provisions concerning the use of his Tourist Accommodation, containing certain clauses involving exclusion and/or limitation of liability, declaring them to be applicable and/or demanding acceptance of such clauses; in such case, they may have additional value alongside these Conditions. Should the Landlord be a legal person, for example a joint stock company, a business partnership or an organisation of another kind, including companies under Italian law, the person who uses the Web page in the name of the legal person or company and/or issues consent to these GCC on behalf of the Landlord, warrants that he is authorised to bind the legal person or company to these GCC.
The manager of the aforementioned Web pages is the company Oskar Golde – Ferienhaus Sizilien, Regattastraße 9h, 16816 Neuruppin (Germany), hereinafter the Broker. Oskar Golde will only handle brokerage to place the Tourist Accommodations, and is not a trip organiser.
The Tenant may book through the Broker on the aforementioned Web pages by email or by phone. After the booking has been received, the Tenant will receive confirmation by email. When the booking confirmation is received, a rental contract is stipulated between the Tenant and the Landlord, with legally binding value, for the term indicated, and these General contract conditions become a full part of the contract. This is clearly mentioned in the booking procedure.
The rental contract is concluded, with legal effect, when 20% of the overall amount has been credited to the bank account of the Broker. This deposit must be paid within 7 days after receiving the booking documentation. Should the payment not arrive within 7 days after confirmation of the booking was received, the Landlord is authorised, after having sent a note of reminder setting a further deadline, and when such deadline has expired without success, to withdraw from the contract and cancel the booking. In this case, a 60.00 € commission for processing may be charged. After the deposit has been paid, the balance may be collected within 21 days before the beginning of the trip. After payment has been received, it will be confirmed by email to the Tenant. As an alternative option, the balance may be paid in cash and on site to the Landlord. However, this will be possible only if the choice to pay in cash has been notified at least 21 days before the date of arrival.
In case of failure to comply with the terms of payment, the Landlord may withdraw from the contract. Failure to pay will be valid as a reason for termination, and will authorize a new rental. The right to begin staying inside the Tourist Accommodation will not exist until the rent has been paid in full. However, the Landlord may agree otherwise with the Tenant on site, for example with payment of the balance at the time of leaving the accommodation / departure.
Once the deposit has been received, the Tenant will receive by email the address, the coordinates for GPS navigation, together with a description of the route to reach the Tourist Accommodation, and information on getting the keys.
Amendments and integrations must be in writing. In case of changes made by the Tenant, for example concerning the duration of the rental, the number of guests hosted or the property rented, a 60.00 € fee may be charged for changes to the booking.
The Tenant may withdraw from the contract at any time. Withdrawal must be made in writing. In case of withdrawal, the Tenant must reimburse the Landlord for damage in the following amounts:
In any case, the legally valid date will be that in which the withdrawal was notified. Amounts already paid will be taken into account. A replacement person may be indicated, who will enter into the conditions of the contract. To this end, notice in writing will be sufficient. In this case, a 60.00 € commission for changing the booking may be charged.
The timetable for arrivals and departures will be valid for the days of the week agreed upon individually. The day of arrival starts at 3 p.m.. Departure on the agreed upon day must be at 10 a.m. at the latest. Should the departure take place at any time later, a further night’s stay will be charged. Other times of arrival and departure may be agreed upon individually with the Landlord. Should the Tenant fail to turn up by 8 p.m. on the day of arrival, the contract will be deemed to be terminated once 2 more hours have elapsed, that is at 10 p.m., without any need to give notice to the Tenant. In this case, the Landlord, or his representative, may freely dispose of the Tourist Accommodation. For the aforementioned reasons, the Tenant should promptly notify the Landlord, in case of delayed arrival, and before 8 p.m., concerning the actual estimated time of arrival. Normally, no partial refund of the rental will be given, even in case of early departure. However, it is possible to express special needs and come to accessory agreements; this must be confirmed in writing by the Landlord. Notice of arrival after 8 p.m. may also be given by phone.
Only the number of people indicated in the rental contract may stay at the Tourist Accommodation. The Tenant must use the rented items carefully (elements of the inventory and outside installations). Should the Tourist Accommodation and/or its inventory be damaged during the rental, the Tenant must immediately inform the Landlord. Any defects or damage found at the time of arrival must be immediately notified to the Landlord, otherwise the Tenant will be liable for them. A suitable term must be granted for the removal of damage and defects. Rights and complaints which have not been promptly notified on site are excluded. Complaints which are submitted to the Landlord only at the end of the stay, or after leaving the Tourist Accommodation, are also excluded from claims for payment of damage. In case of any fault in the services received, the Tenant must do everything reasonably possible, in the context of his legal responsibilities, to help remove the fault, or to limit the damage which has arisen. On the day of departure, the Tenant must remove everything belonging to him, and domestic waste must be disposed of in the special containers, and dishware must be placed, clean and washed, in the kitchen cupboards. Should the bathroom and/or kitchen be very dirty at the time of departure, cleaning costs of 50.00€ will be charged.
The Tenant declares that he agrees to the preservation, amendment and/or deletion of the necessary data regarding him, in the context of the contract he has stipulated. All the personal data will be handled in an absolutely confidential manner.
The offer has been drawn up according to the best knowledge available. No liability is taken concerning consequences due to force majeure, bad weather, breakdowns in the electricity or water supply system or in Internet. In the same way, no liability is taken concerning any unexpected or unavoidable events, such as for example public orders, sudden opening of work sites, or breakdowns due to natural or local phenomena. The Landlord will help to solve the problems, insofar as this is possible for him. The Landlord takes no liability concerning damage or accidents of any kind. These exclusions will not affect claims for damage by the Tenant based on injury to life, physical integrity or health, or breach of substantial contract obligations, or in case of liability for further damage due to wilful misconduct or gross negligence on the part of the Landlord, his legal representatives or his auxiliaries in performing his obligations. Substantial contract obligations are those whose fulfilment is necessary for achieving the contract purpose. In case of breach of substantial obligations, the Landlord will be liable only for foreseeable damage typically connected to the nature of the contract, if these are due to slight negligence, unless the claims by the Tenant are based on injury to life, physical integrity or health.
Any balconies, terraces, stairs, swimming pools and adjacencies are a source of risk. Children will be allowed into such spaces only under surveillance by an adult.
The Landlord grants the Tenant, throughout the stay, the possibility to access Internet, if present. The Landlord makes no guarantee concerning the actual availability or reliability of access to Internet, for any purpose. The Landlord reserves the right, at his own discretion and at any time, to block access to certain pages or services provided by WiFi network. Access to Internet is at the risk and peril of the Tenant.
The Landlord will in no way be liable for any damage incurred by the Tenant when accessing Internet. The Tenant will be liable to the Landlord for any damage arising from the use of Internet. Especially, the Tenants are liable for any data sent by Internet, and for any services requiring payment which they may use, as well as for any legal contracts concluded in such context. The Tenant is forbidden to access Web pages with criminal content.
This is especially the case concerning pornographic content with minors or incitement to hatred, or pages which incite criminal actions or praise or downplay acts of violence, or which may seriously injure, in terms of behaviour, children or young people. It should also be remembered that downloading files - especially music, films or images - could be subject to copyright. Breach of copyright could, in such case, and among other things, lead to claims of damage against the Tenant. The Tenant holds the Landlord harmless for any liability concerning rights of third parties, should the Tenant access Internet illegally, and especially should he fail to observe the above warnings in a culpable manner. In case of breach of these provisions by the Tenant, the Landlord may limit or block access to Internet. The Landlord will in no way be liable for the loss of data due to such behaviour.
The Landlord will in no way be liable for any damage to the equipment of the Tenant due to use of Internet. Especially, the Landlord will in no way be liable for any Web pages visited or any data downloaded. Furthermore the Landlord will not be liable for any virus infection due to the use of Internet. For other matters, reference should be made to the issue of “liability”.
Data collected on Internet and through access to Internet will be handled in compliance with current provisions on data protection; concerning this, see the item on “data protection”.
Access to Internet is limited to the duration of the stay booked at the Tourist Accommodation. Internet may be accessed using a password. This password must not be transmitted to any third party.
The photos and texts appearing on the Web page intend to describe the current situation. However, a 100% correspondence with the Tourist Accommodation cannot be guaranteed. The Landlord reserves the right to change the fittings (e.g. furniture and inventory), as long as the changed items are of the same value as the previous items.
Should one or more provisions of these General contract conditions be or become ineffective, this will not affect the efficacy of the other provisions. In such case, the ineffective provision must be replaced by a provision as close as possible to the intentions of the parties, in financial and legal terms.
These provisions and conditions are understood to be governed by Italian law, and to be interpreted by the same. In case of doubt concerning the legal competence for the dispute, the competent Court is that of the place in which the Tourist Accommodation is located.
The place of performance of the services is the place of residence of the Landlord. Otherwise, the court laid down by the law will be competent.
This contract has been drawn up in German, Italian and English. In case of difference between the Italian, German or English version, the German version will be legally binding on both parties.