MAREMMALINK.IT GENERAL CONTRACT CONDITIONS
MaremmaLink di Jens May, with registered office in Grosseto, at Via Damiano Chiesa no. 43/E, Italy, VAT no.01631980537, email address firstname.lastname@example.org, certified email address email@example.com, in the person of its proprietor Mr Jens May (MYAJSP55R28Z112B), born at Büdingen/Germany, hereinafter also the “Property Manager”, offers an on-line service for the booking of properties made available by third-party owners and handles the management and administration of the bookings made.
As Property Manager, MaremmaLink does not offer any form of estate agency or travel agency service.
Bookings can be made via the on-line platform provided on the www.maremmalink.it website.
1. Finalization of the Contract
1.1 The booking is to be considered made, and the Contract finalised, only when MaremmaLink sends its confirmation. MaremmaLink reserves the right to reject the booking request at its own absolute discretion, providing notification of its decision without undue delay.
2.1 The Guest shall pay an amount of at least 50% of the total price calculated for the entire stay within no more than 4 working days after confirmation of the booking; the deadline for payment of the balance is 7 working days prior to arrival. In all cases, payments shall not be considered made, and the contractual obligations shall not become binding on MaremmaLink, until the actual accreditation of the relative amount to the Property Manager.
2.2 Payments may be made by credit card (Visa or MasterCard), debit card or bank transfer; in case of payment by credit card, a commission of 2% of the sum paid will be charged.
2.3 Payment may also be made in currencies other than the Euro using our credit card services; in this case, the card issuer converts the amount paid into Euro at the relevant exchange rate.
2.4 In case of failure to make full payment by the procedures and within the terms specified above, MaremmaLink shall be entitled to terminate the Contract as of right and cancel the booking. In this case the booking will be cancelled and the accommodation will be returned to available status; MaremmaLink is entitled to retain any down payment received and the Guest is still obliged to pay the entire amount or the balance outstanding within no more than 10 days after termination of the contract.
2.5 A deposit is payable at Check-In to cover any damage to the property, its furnishings and fittings and/or third parties due to negligence or wilful misconduct on the part of the Guest. The deposit will be returned on the Check-Out day, only after final verification and inspection by MaremmaLink have confirmed that everything is in order. A higher deposit may be required from Guests 25 years of age or below. In all cases, MaremmaLink reserves the right to demand the payment of any greater sums over and above the deposit if the value of any damage caused exceeds the amount of the deposit itself.
3. Cancellation policies
3.1 Bookings may be cancelled on the following terms:
a) cancellation received by MaremmaLink at least 30 days prior to Check-In date: total refund of the amount paid;
b) cancellation received by MaremmaLink from 30 to 14 days prior to Check-In date: refund of 50% of the total amount due for the whole stay;
c) cancellation received by MaremmaLink during the 13 days prior to Check-In date or no-show: no refund. Payment of the balance of the entire price will be payable if it has not already been paid.
4. Guests’ obligations and responsibilities
4.1 Guests are obliged to comply with the terms set forth in this Agreement with the utmost diligence.
4.2 Guests shall maintain the property and its furnishings and fittings in optimal condition and use them in accordance with their intended use.
4.3 Guests shall attend for Check-In on the day and at the time envisaged by art. 8 of the Contract and shall clear the property of people and/or belongings by 10:00 hrs on the day of departure, or on the early termination of this Agreement.
4.4 Guests shall notify MaremmaLink immediately of any malfunction or damage (to the property or its furnishings and fittings) which comes to their knowledge, even if it arises from the liability of third parties, chance or force majeure.
4.5 Guests shall return the property (and its furnishings and fittings) in excellent condition, washing everything used (crockery, cutlery, utensils, etc.), emptying and cleaning the refrigerator and freezer, emptying rubbish bins, cleaning the barbecue, and removing all waste, of any kind, which they have produced. This obligation still applies even if a final cleaning fee has been paid. MaremmaLink reserves the right to charge any additional cleaning costs by deducting the relative amount from the deposit, or to demand any higher sums if due.
4.6 Guests undertake to reimburse, without undue delay, any damage caused to the property and/or its furnishings and fittings by wilful misconduct or negligence on their part.
4.7 Guests undertake to pay for water and electricity in the event of excessive use (for example, taps left running, air-conditioning or heating left on with doors and windows open). Utility meters are read on arrival and departure.
4.8 Guests undertake to use the premises, furnishings and fittings with diligence, care and prudence, also respecting the needs of third parties in the vicinity.
4.9 Guest are obliged to provide clear, truthful, up-to-date details of their own ID and status and of any pets they intend to bring with them.
5.1 Although there is no obligation to insure, MaremmaLink urges Guests to take out insurance to cover personal injury and/or damage to property occurring during their stay, health care and holiday cancellation. This list of types of cover is merely an example and is not exhaustive.
6. Number of Guests
6.1 The premises may only be occupied by the number of people stated when booking; no other persons may be granted access to the property without MaremmaLink’s specific authorisation, issued at its own absolute discretion.
6.2 Guests are specifically forbidden to sign any additional contracts with third parties to sublet the property during their stay, or to transfer the Contract to third parties.
6.3 Breach of the above provisions constitutes valid grounds for termination of the Contract by MaremmaLink.
7. Property Standard
7.1 We have selected and inspected all the properties we advertise with care, and we make every effort to maintain high standards. However, any Guests experiencing problems during their stay are obliged to notify our contact at once, to allow the issue to be resolved. Under no circumstances will complaints or claims for problems with the accommodation be accepted if submitted after the end of the stay, or more than a reasonable time after the discovery of the defect.
7.2 MaremmaLink will repair or resolve the problem within an appropriate time, making every effort not to interfere with Guests’ enjoyment of their holiday.
7.3 Guests shall facilitate and not obstruct the work undertaken by MaremmaLink to resolve the problem; MaremmaLink does not accept any liability for delays in work due to negligence or wilful misconduct by Guests.
7.4 MaremmaLink shall not be held in any way liable for failures, technical problems, malfunctions or inconvenience, including with regard to electricity and water supplies, radio and TV services or drainage systems, caused by negligence or wilful misconduct by third parties: MaremmaLink does not have any control over the supply of services by third parties, but will make every effort to resolve any issues which have occurred without undue delay.
7.5 Properties with gardens or pools are regularly maintained by specifically authorised staff. Guests are aware of this and agree to allow maintenance staff to work on gardens and pools in the properties where they are staying, with the utmost respect for Guests’ privacy and peace and quiet.
8. Check-In and Check-Out
8.1 Check-In must take place between 16:00 and 20:00 hrs on the day of arrival.
8.2 Check-Out must take place by 10:00 hrs at the latest on the day when the property is vacated, to allow the necessary cleaning prior to the arrival of new Guests.
8.3 Any early arrival or late departure must be agreed with MaremmaLink in advance.
8.4 In the event of unjustified delay in vacating the property, a sum of € 50.00 will be charged for every hour of unauthorised occupation.
9. Modification of booking or unavailability of accommodation
9.1 In case of events or circumstances beyond the control of MaremmaLink, the sudden, unforeseeable modification of a booking already accepted may become unavoidable; in this case, MaremmaLink will make every effort to inform the Guest of the occurrence without undue delay and undertakes to offer accommodation at least equal in quality to that booked. The Guest will, however, have the option of withdrawing from the Contract without costs or penalties, obtaining immediate, complete refund of the entire amount paid, while specifically renouncing all further claims.
10.1 MaremmaLink does not accept any liability for any action by third parties which may have caused harm or damage to Guests.
10.2 MaremmaLink does not accept any liability for the loss, damage, removal, theft or loss of value of goods or cash owned or held by any title by Guests, if arising from chance, force majeure or third-party actions.
10.3 In the event of circumstances arising from the actions of MaremmaLink during the stay which prevent the full, timely enjoyment of the accommodation, the Property Manager shall make alternative accommodation, having quality and characteristics at least equal to those covered by the Contract, available without undue delay; otherwise, MaremmaLink may provide accommodation of lower quality, refunding the price difference to the Guest without undue delay. If no replacement properties are available, or if the Guest refuses to accept accommodation of poorer quality or characteristics, a sum equal to the number of days of holiday lost will be refunded immediately.
11. Accuracy of information on the website
11.1 We make every effort to ensure that the information provided on the website is as accurate as possible, but in exceptional cases errors or omissions might occur and we will attempt to correct them immediately; subject to these contract conditions, no claims may be made against MaremmaLink as a consequence of any such shortcomings.
11.2 In the event that a specific characteristic or quality of the property shown on the website is considered necessary and essential, Guests must contact MaremmaLink to check the accuracy of the information before submitting the booking request; otherwise, MaremmaLink shall not be considered in any way liable.
12. On arrival
12.1 On arrival, MaremmaLink staff will accompany Guests to their accommodation and hand over the keys for access to the property. The state of the property will also be inspected and the utilities will be checked; the relative report will then be issued and signed by MaremmaLink and the Guest.
12.2 On arrival at the accommodation, Guests must comply strictly with any rules for use of the property and/or its furnishings and fittings.
12.3 If a pool is provided, it must be used with the greatest caution and in accordance with local laws and regulations; children under 14 years of age must never use the pool unless accompanied by an adult. MaremmaLink shall not be held liable in any way for any personal injury or damage to property incurred through improper use of the pool.
13.1 Pets are only granted access to properties on request (and with specific authorisation by MaremmaLink) to be submitted before the booking request is sent. Otherwise, MaremmaLink reserves the right not to grant pets access to accommodation.
13.2 Even if pets’ presence is authorised by MaremmaLink, the Guest is still liable with regard to any harm or damage they may cause to people or property.
13.3 In all cases, Guests must manage pets present in accommodation with the greatest care, ensuring that they do not cause any inconvenience or harm to third parties; the Guests must muzzle pets if necessary and must always keep them on a lead when outside the accommodation.
13.4 Any inconvenience caused to third parties may constitute valid grounds for immediate termination of the Contract, with MaremmaLink entitled to compensation for all damages of any kind caused through negligence or wilful misconduct on the part of Guests.
13.5 Under no circumstances may pets not covered by third-party liability insurance, or lacking proper health surveillance and/or medical care, be brought into accommodation.
14.1 Accommodation is cleaned before arrival and after departure.
14.2 MaremmaLink declares that accommodation is cleaned with the greatest care and attention and in full compliance with the relative legal framework: any Guests not satisfied with the cleaning service are kindly requested to report this immediately on arrival, to enable MaremmaLink to comply with their demands within 24 hours, if considered necessary. Any clearly unjustified, exorbitant or disproportionate demands will not be considered, and failure to comply with them shall not constitute breach of contract on the part of MaremmaLink.
15. Applicable law and legal jurisdiction
15.1 The validity, interpretation and execution of this Contract are governed solely by Italian law and by the statutes and principles of Italian Jurisdiction.
15.2 Grosseto Law Court shall have sole jurisdiction over any disputes, subject to the regulatory provisions on consumer protection contained in Italian Legislative Decree 206/2005, as amended (Consumer Code).