SUPPLIER OF HOSPITALITY SERVICES (S. Potente Agriturismo S.a.s.)
INTERNET USER (Guest)
1. General conditions
1.1 The present general conditions of contract (hereinafter: GCC) regulate the content of the contracts between S. Potente Agriturismo S.a.s. (hereinafter: SPA S.a.s.) and the User (hereinafter: Guest), concluded via email, fax or mail. The present GCC also apply to the Online Booking system and other specific agreements.
2. Conclusion of the contract and deposit
2.1 Upon reservation a direct contractual relationship is established between SPA S.a.s. and the Guest which is regulated by the present GCC.
2.2 At the time of reservation, the Guest is required to pay SPA S.a.s. a deposit, via credit card, bank transfer or another means, calculated as a percentage of the total sum of the service reserved, as indicated in the reservation information, or the total cost of the service.
In the case of payment of this deposit via bank transfer or any other method, SPA S.a.s. is required to hold the reservation valid for 2 working days on average from the date of the reservation. Only when the Guest sends a copy of the deposit payment to SPA S.a.s. via fax or email will the reservation be definitively confirmed. Failing this, the Guest will not have the right to the reservation.
2.3 Once the deposit has been received SPA S.a.s. will send the Guest the definitive reservation confirmation via email, fax or mail, indicating the specifics of the reserved services, the total sum and the sum of the deposit that has been received.
3. Beginning and end of the stay
3.1 The Guest has the right to use the services reserved after SPA S.a.s. has registered the Guest and after the voucher holder has paid for the stay.
3.2 The reserved services will be available from 4.00 p.m. on the day of arrival and must end by 9.30 a.m. on the day of departure.
3.3 In cases of check-in at night (between 9.00 p.m. and 6.30 a.m.) a sum of €60.00 will be charged.
4. Cancellation of the reservation
4.1 Cancellation on the part of SPA S.a.s. of the hospitality services.
Total and/or partial cancellation of the reservation on the part of SPA S.a.s. is not permitted with the exception of acts of providence and/or force majeure.
4.2 Cancellation by the Guest.
The Guest must provide SPA S.a.s. with a written communication (by mail, fax or email) of any cancellation. No reimbursement of the deposit can be provided for cancelled confirmed reservations. In the case of cancellation within 30 days of the planned arrival date it is possible to reuse the deposit as a down payment for a future stay in one of the SPA S.a.s. facilities. (within one solar year from the cancellation date).
4.3 For stays of over three weeks the conditions may vary.
4.4 In cases where the Guest does not use the extra services reserved, he or she is obliged to pay SPA S.a.s. for these services.
5. Replacement accommodation
5.1 SPA S.a.s. can provide the Guest with replacement accommodation for justified reasons, providing it has the appropriate characteristics.
5.2 Replacing the accommodation is justified for example in cases where the unit has become unusable or the replacement is due to overriding management reasons.
5.3 In the case of cancellation on the part of SPA S.a.s. for reasons of acts of providence and/or force majeure, the company is obliged to find the Guest replacement accommodation of equal quality, using the agreed price as a comparison. In exceptional circumstances, should the Guest learn of the cancellation at the moment of arrival, SPA S.a.s. must provide replacement accommodation as quickly as possible.
5.4 Any additional costs for the replacement accommodation must be met by SPA S.a.s.
5.5 In the cases described above, the Guest also has the right to the return of the paid deposit by SPA S.a.s.
6. The Guest’s rights
6.1 From the beginning of the stay the Guest acquires the right to use the rented units, furnishings and hospitality facilities, which are normally available to the guests without particular conditions.
7. The Guest’s obligations
7.1 At the beginning of the stay the Guest must pay the amount due after receipt of the deposit, by credit card, cash card or in cash (the latter only according to applicable law). SPA S.a.s. does not accept cheques.
7.2 The use of unusual electronic devices is permitted only after prior authorisation by SPA S.a.s.
7.3 Any damage caused by the Guest is subject to the general compensation regulations. The Guest is therefore responsible for any damage suffered by SPA S.a.s. or by third parties and caused by him or people for whom he is responsible, including in cases in which the injured party can request direct damages from SPA S.a.s.
8. The rights of SPA S.a.s.
8.1 In cases of refusal or delay in the payment of the agreed sum on the part of the Guest, SPA S.a.s. has the right to retain the Guest’s possessions found in the apartment in order to guarantee its right to credit for the accommodation and services.
8.2 SPA S.a.s. has the right of lien regarding the Guest’s possessions found in the apartment in order to guarantee the agreed sum.
8.3 In cases in which any additional services are provided or it is asked to intervene at particular times, SPA S.a.s. can request an extra payment. SPA S.a.s. can refuse to offer these services for organisational reasons.
9. The obligations of SPA S.a.s.
9.1 SPA S.a.s. is obliged to provide the agreed service to a suitable standard.
9.2 SPA S.a.s. guarantees that all the prices indicated on the price list are gross prices and therefore inclusive of any taxes. SPA S.a.s. must state, in suitable form, if in addition to the price indicated the payment of certain taxes is requested, together with an indication of the relative sum.
9.3 SPA S.a.s. is required to indicate the prices pursuant to point 9.2, assuming sole responsibility for their completion and correspondence to the truth.
9.4 Extra SPA S.a.s. services not included in the accommodation price:
a) particular types of services may be invoiced separately and in such cases must also be indicated on the website (see: Price List) such as for example the use of a cot, high chair, pushchair, etc.
b) additional beds, including for children, will be invoiced separately.
10. The responsibilities of SPA S.a.s.
10.1 SPA S.a.s. is responsible for damages suffered by the Guest if the damage occurred on the premises of the Hospitality Company and the latter or its employees are responsible for it.
10.2 The company can refuse to hold items for safekeeping in cases where they are dangerous (that is to say potentially capable of causing damage), too large or of excessive value.
11.1 SPA S.a.s. reserves the right to make amendments to the organisation and structure of the hospitality facilities during the period in which it is open to the public. In the case of necessary maintenance and repair work, the client will consent, without claiming any right or reimbursement, to work being carried out in the accommodation or facilities during the period of his or her stay.
12.1 Animals are not permitted in the hospitality facilities.
13. Extension of the stay
13.1 It is possible to extend the stay, subject to the agreement of SPA S.a.s.
14. End of the stay
14.1 The hospitality contract is temporary and therefore the stay will end when it expires. In cases in which the Guest leaves early, SPA S.a.s. has the right to claim the entire sum agreed. SPA S.a.s. is free to reallocate the unused units where possible.
14.2 In cases in which the Guest does not vacate the apartment by 9.30 a.m. on the day of departure SPA S.a.s. has the right to invoice an additional day’s stay.
14.3 SPA S.a.s. can withdraw immediately from the contract in cases where the Guest:
a) uses the premises with serious detriment to the property or in a way that renders cohabitation with other guests intolerable, behaves in an inconsiderate, scandalous or in any way thoughtless manner or is responsible for actions against or carelessness towards SPA S.a.s., its personnel and/or people present within the Hospitality Facilities;
b) is infected with a contagious disease or in cases in which particular treatment is necessary;
c) does not pay the invoice within the agreed terms.
15. Illness of the Guest at the Accommodation Facilities
15.1 In cases where a Guest falls ill during his or her stay at the Accommodation Facilities, SPA S.a.s. is obliged to procure medical assistance if this is necessary and the Guest is not able to procure it.
15.2 SPA S.a.s. has the right to be compensated by the Guest or by his or her heirs in the following cases:
a) medical costs not yet paid for by the Guest;
b) the cost of disinfection in cases where this has been prescribed by a doctor;
c) the cost of material that is no longer usable such as linen, sheets, beds, etc. where such items are given to the heirs, or the cost of disinfecting these items;
d) costs for restoring walls, furnishing items, rugs etc. where these have been damaged or in any way compromised due to the illness;
e) accommodation rental costs in cases where it is no longer usable in relation to the case of illness or death (minimum three, maximum seven days).
16.1 Despite the care and diligence of SPA S.a.s. it is possible that the Guest may feel the need to make a complaint regarding his or her stay at the Accommodation Facilities. Complaints should be made on site, directly to the SPA S.a.s. management. If the Guest is not satisfied with the way in which the complaint is received, he or she has 1 monthfrom the date of departure to present a written complaint, addressed to: S. Potente Agriturismo S.a.s. – Via Cagliari 18 – 06034 FOLIGNO (PG) – Italy. The complaint will be accorded the utmost attention. Nonetheless, if even in this case the solution offered is not considered by the Guest to be satisfactory, he or she has 3 months from the date of departure to make an official complaint before the competent court. The court’s decision is binding.
17. Place of performance and jurisdiction
17.1 The place of performance of the contract is the registered address of SPA S.a.s.
17.2 The jurisdiction is the registered address of SPA S.a.s.
17.3 The Contract stipulated between SPA S.a.s. and the Guest is regulated exclusively by Italian law.
17.4 For all disputes relative to the contract between SPA S.a.s. and the Guest, the Guest as consumer can choose as his or her residence the registered address of SPA S.a.s.
Pursuant to Article 1341 of the Civil Code 2nd comma with the confirmation of the reservation the parties declare their acceptance of the specific clauses of Articles: 1 (General conditions), 2 (Conclusion of the contract and deposit), 3 (Beginning and end of the stay), 4 (Cancellation of the reservation), 5 (Replacement accommodation), 6 (The Guest’s rights), 7 (The Guest’s obligations), 8 (The rights of the hospitality service provider), 9 (The obligations of the hospitality service provider), 10 (The responsibilities of the hospitality service provider), 11 (Maintenance), 12 (Animals), 13 (Extension of the stay), 14 (End of the stay), 15 (Illness of the Guest at the Accommodation Facilities), 16 (Complaints), 17 (Place of performance and jurisdiction).
S. Potente Agriturismo S.a.s. di Tonti Paolo & C.
Via Cagliari, 18
06034 FOLIGNO (PG) – Italy