Terms & Conditions - ItalicaRentals
Reservations made via Italica are subject to a full guarantee, as issued by German travel agents. The following Conditions of Contract will form an integral part of the agreement concluded with your selves, provided they are incorporated into the agreement with due legal effect. So please read these conditions carefully !
1. Conclusion of contract
1.1 Upon submitting a reservation, which may be forwarded in writing, by telefax or via the internet only, using the Italica reservation form, the Client shall offer to conclude a binding contract with Italica based on the catalogue specifications, including all additional information pertaining to the property and the location, and the present Conditions of Contract.
1.2 Conclusion of a contract shall be subject exclusively to receipt of a reservation confirmation by the Client.
1.3 The person submitting the reservation shall be liable for any and all obligations of other parties named in the reservation arising out of the contract, provided that such liability is expressly accepted in the form of a separate written statement.
1.4 Reservations made by telephone shall solely represent an option which shall be binding for Italica. A reservation form and the Conditions of Contract shall subsequently be forwarded to the Client. If the reservation form is returned to Italica within two days of taking out the option, the reservation process shall proceed in accordance with sub-clauses 1.1 to 1.3. If no written registration is received within this period, the reservation shall be cancelled without further consequences for either Italica or the Client.
2. Deposit, payment
2.1 Together with the reservation confirmation, the Client shall receive a letter of surety pursuant to Sec. 651 k §. 3 BGB, providing security for payments made to Italica by the Client, in accordance with the statutory provisions.
2.2 Upon conclusion of the contract (receipt of reservation confirmation by the Client), however no earlier that receipt of the letter of surety, a deposit amounting to 25% of the full price shall become due and payable to Italica within 3 days. Such deposit shall be offset against the total amount due.
2.3 In the event that the period between conclusion of contract (receipt of reservation confirmation by the Client) and commencement of occupancy is less than 4 weeks, the full price shall be payable subject to the provision of sub-clause 2.5 without prior payment of a deposit.
2.4 Provided that the letter of surety has been forwarded to the Client, the balance shall be transferred to the bank account specified by Italica no later than 42 days (date credited) prior to commencement of occupancy.
2.5 Insofar as Italica is prepared and able to make the reserved property available to the Client, the latter shall have no right to occupy the property or to performance under the contract unless payment has been made in full.
2.6 Should the deposit or the balance not be received by Italica within the periods stipulated hereinabove, Italica shall be entitled to cancel the contract after issuing a reminder and setting a final deadline, and invoice the Client a flat-rate cancellation fee pursuant to Clause 4 of the present Conditions.
3. Performance, ancillary agreements
3.1 In compliance with German legislation, legal relations between Italica and the Client shall be governed by appropriate application of Secs. 651a ff. BGB, taking into account the rental nature of the contract.
3.2 The contractual performance obligation of Italica shall comprise ensuring availability of the reserved property for use in the condition and with the fixtures and fittings described in the specifications, subject to all information and explanatory notes in the brochure, as well as the description of the property and any restrictive or supplementary notes and agreements in the relevant version of the contract.
3.3 Not included in the performance obligation of Italica, save where Italica is under obligation to inform, advise or exercise due care, shall be all circumstances not directly connected with the property or performance under the contract, including, but not limited to the area surrounding the property, the condition of beaches or local conditions of the holiday resort.
4. Cancellation of contract by Client
4.1 The Client may cancel the contract at any time prior to commencing occupation. In the Client´s own interest and for reasons of preserving evidence, it is hereby strongly recommended that such cancellation be notified to Italica in writing.
4.2 In the event of cancellation on the part of the Client, Italica may demand a flat-rate cancellation fee, whereby any reductions in expenses and the possibility of otherwise letting the property, as will normally be the case, shall be taken into account for the purpose of calculating the same. Such flat-rate fee shall be demanded subject to the proviso that the Client is at liberty to prove to Italica that the latter has incurred no or substantially lower costs than the fee claimed (and in such case the Client shall be obliged to pay the lower costs only).
a) Upon cancellation up to and including the 50th day before occupancy commences, 30% of the full price.
b) Upon cancellation between the 49th and 30th day before occupancy commences, 50% of the full price.
c) Upon cancellation between the 29th day and 9th day before occupancy commences, 90% of the full price.
d) Upon cancellation between the 9th day and the day before occupancy commences, 100% of the full price.
4.3 In individual cases, Italica shall reserve the right to demand higher itemized compensation, in deviation from the preceding flat rates, in which case Italica shall be obliged to provide exact calculations and furnish evidence of expenditure incurred.
4.4 In the event of any cancellation, the Client shall, subject to the terms of the contract, be entitled to provide one or more substitutes who shall enter into the contract concluded with the Client, accepting all rights and obligations arising there from. Italica may object to such person(s) as substitute if the latter fail(s) to meet the particular requirements to ensure fulfillment of the contract or if statutory or official regulations preclude entry into the contract on the part of such person(s). Should the Client provide a substitute, Italica shall charge a handling fee of € 26.-.
4.5 The Client is strongly recommended to take out a cancellation insurance.
4.6 If following conclusion of a contract, the reserved dates or the holiday property are changed at the request of the Client to a date falling within the scope of application of the catalogue dates (change of reservation), Italica shall, provided that such change of reservation is possible and can be effected accordingly, charge a fee amounting to € 26.- for changing the reservation up to 90 days prior to commencement of travel. Requests for reservation changes submitted following expiry of such time limit cannot be effected unless the contract is cancelled subject to the conditions stipulated herein-above and a new reservation simultaneously made, subject however to the practical feasibility of such change. This shall not apply in the case of requests for reservation changes which incur only negligible costs.
5. Cancellation by Italica
5.1 Italica may terminate the contract following commencement of occupancy if the Client and/or persons accompanying the Client persistently disturb performance under the contract notwithstanding a warning from Italica, or if the Client or persons accompanying the Client conduct themselves contrary to the contract to such an extent that immediate rescission of the contract is justifiable. This shall include, but not be limited to damage caused to the property and its contents by acting with intent or gross negligence and to exceeding the contractually agreed number of occupants.
5.2 In the event that Italica terminates the contract, it shall nevertheless be entitled to the full price. Any expenditure not incurred, as well as the benefit accruing from otherwise letting the property, including any amounts possibly credited to Italica by the owners, shall however be offset against such sum.
5.3 The owners or any representatives of Italica shall be authorized to protect the interests of Italica and issue statements on behalf of Italica with full legal force and effect.
6. Services not required
In the event that the Client does not make use or does not make full use of contractual services, due in particular to late arrival and/or earlier departure owing to illness or for other reasons beyond the control of Italica, the Client shall not be entitled to a pro rata refund. Italica shall however reimburse any amounts received from otherwise letting the property.
7. Security deposit
7.1 Upon occupying the property, a security deposit (no less than €150.-) shall be payable. Payment of such deposit by way of cheque shall not be permitted.
7.2 If upon vacating the property, it is established that damage has been caused for which the Client is responsible, and/or no final cleaning has been carried out, or additional charges have not been paid (costs for telephone, power), the relevant amounts may either be deducted or withheld based on a right of retention pending clarification of any disputed claims.
7.3 Otherwise the security deposit shall be repayable no later than upon termination of occupancy.
8. Special obligations of the Client, arrival and departure times, late arrival
8.1 The object of agreement may be occupied by the number of persons stated in the contract only. If such number is exceeded, Italica shall be entitled to demand appropriate additional remuneration for the duration of such excess and surplus persons shall be required to immediately vacate the property.
8.2 The Client and any accompanying persons shall be obliged to treat the property with due care and to notify Italica, the owner, or the local Italica representative as quickly as possible of any and all damage or defects occurring during occupancy. In order to avoid any problems or difficulties in furnishing proof, it is strongly recommended that damage, problems and defects be notified immediately, even if no inconvenience is caused to the Client or, in the case of damage, it is assumed that this has not been caused by the Client or persons accompanying him.
8.3 It shall be prohibited to erect tents, park caravans etc. on the property. The Client hereby undertakes, also on behalf of all accompanying persons, to treat the property with due care and notify Italica or its representative as quickly as possible of all damage and defects occurring during occupancy.
8.4 The Client shall be obliged to leave the property in absolutely clean condition. If this is not the case, Italica shall be entitled to deduct the costs accruing for final cleaning (no less than €26.-, depending on the size of the house) from the security deposit.
8.5 In the event of any default in performance, the Client shall also be obliged to undertaken everything which may be reasonably expected to remedy such default and minimize as far as possible any potential damage.
8.6 The Client shall also be obliged to clean the property on a regular basis and to ensure its clean condition prior to departure. Any costs of final cleaning which may be included in the price shall cover neither cleaning of the dishwasher nor cleaning of the cooker, the oven, the refrigerator or kitchen utensils, which must all be left in a perfectly clean condition. If extra cleaning is required, the cleaning time shall be invoiced by the owner or its representative based on an hourly rate of no less than € 15.-. Any soiling which cannot be removed with conventional cleansing agents, as well as any damage to fixtures and fittings shall be invoiced separately. Any and all compensation accruing to the account of the Client on the basis of the preceding provisions shall be payable to the owner or its representative prior to departure.
8.7 Pets may not accompany the Client without prior approval. Type and size shall be stated.
8.8 As a general rule, the property may not be occupied prior to ... h. on the date of arrival. It may be necessary to agree by telephone a time for handing over the key, if a note to this effect is included in the travel documents. The Client shall not be entitled to demand availability of either the key or the property in the event of late arrival. The Client shall notify any and all delays, particularly in the event that the owner or the local agent is prepared, in exceptional cases, to hand over the key at a later time. Accommodation costs incurred by the Client as a result of late arrival shall be for the account of the Client. The key must be returned by ...h. on the date of departure.
9. Further obligations of the Client, termination by the Client, time limit on claims
9.1 In accordance with the statutory obligation pursuant to Sec. 651 d par. 2 BGB, the Client shall be obliged to immediately notify the owner or the local Italica representative of any defects which occur and request remedial action. Failing such obligatory notice of a defect, claims on the part of the Client shall lapse, except if notice is not forthcoming through no fault of the Client. Information on the availability of the relevant person shall be included in the travel documents.
9.2 In the event of a material defect for which Italica is responsible under the contract, the Client shall be entitled to terminate the contract in accordance with Sec. 651 e BGB. As a rule, such termination shall be preceded not only by notice of a defect and a request for remedial action, but also by stipulation of a time limit for Italica, unless such time limit can be dispensed with, as provided for under Sec. 651 e para. 2 second sentence BGB.
9.3 The Client shall be obliged to submit to Italica at the above-mentioned address in Germany any and all claims arising out of the contractual relationship within one month from the end of the period of occupancy as specified under the contract. Upon expiry of such term, claims may no longer be submitted unless the Client is prevented from adhering to the term through no fault of his own. The statutory provisions of Sec. 651 g BGB, which otherwise apply, shall not be prejudiced by the preceding provision of this sub-clause 9.3.
10. Liability, limitation of liability
10.1 Contractual liability of Italica for damages not involving bodily injury (including damages due to breach of obligations arising out of preliminary, ancillary or subsequent contracts) shall be limited to three times the price of occupancy, unless damage is caused to the Client by Italica with intent or as a result of gross negligence, or to the extent that Italica is responsible for damage accruing to the Client due solely to the negligence of a subcontractor.
10.2 Italica shall not be liable for default in performance on the part of third parties not directly connected with the property or with contractual obligations, nor for damages accruing to the Client as a result of improper use of the occupied property or its fixtures and fittings, or of use of the same other than for their intended purpose, unless Italica is responsible for negligent infringement of its obligations to inform, advise or exercise due care.
11. Entry regulations
In the case of German nationals and other EC citizens, only a personal or children's identity card is required. Information on conditions which must be complied with by Clients from other foreign countries and with regard to which Italica is not under obligation to advise or make enquiries, may be obtained from the country's local representation or from an Italian consulate.
12. Period of limitation, prohibited assignment
12.1 Claims on the part of the Client and accompanying persons brought against Italica for any legal reason whatsoever, except however claims on the part of the Client on the grounds of illegal acts, shall expire by limitation at the end of one year after the departure date stipulated under the contract. In the event that negotiations are pending between the Client and Italica on claims already brought forward or the circumstances underlying any such claim, expiry by limitation shall be impeded until the Client or Italica refuses to continue such negotiations. The above-mentioned period of limitation of one year shall take effect at the earliest three months following the end of any impedance.
12.2 Assignment for any legal reason whatsoever of any claims of the Client arising out of the contract and performance there under to accompanying persons or to other third parties, including his/her spouse, shall be excluded. Legal action to enforce such claims in the name of any third party shall likewise be excluded.
13. Choice of law, place of jurisdiction
13.1 The Client may take legal action against Italica at the place of its registered office only.
13.2 Legal and contractual relations between Italica and any Client having no ordinary place of residence or place of business in Germany shall be governed entirely and exclusively by German law.
13.3 In the case of litigation on the part of Italica against the Client, the place of jurisdiction shall be the place of residence of the Client, unless such litigation is directed at registered traders, legal entities under public or private law, or persons domiciled or having their ordinary place of residence abroad, or whose domicile or ordinary place of residence is unknown at the time of instituting legal proceedings. In such cases, the place of jurisdiction shall be the registered office of Italica.