Terms & Conditions - Casa FontaGusta

General Terms and Conditions

1. SCOPE OF APPLICATION
1.1. The accommodation provider “B&B Casa FontaGusta”, owner: Leo Graber (hereinafter referred to as accommodation provider) and the contracting party (hereinafter referred to as customer) agree that these General Terms and Conditions shall apply exclusively to all contracts and other services concluded via the reservation function of the website www.casa.fontagusta.eu. Deviating, conflicting or supplementary agreements, even if known, do not become part of the contract, unless their validity is expressly agreed in writing.
1.2. In the case of inquiries by telephone or e-mail, the GTC shall only become an integral part of the contract if the accommodation provider refers the customer to the GTC upon conclusion of the contract, gives the customer the opportunity to take note of their content and the customer agrees to the validity of the GTC.

2. CONCLUSION OF THE CONTRACT, PAYMENT MODALITIES
2.1. If you wish to make a booking, you can make a booking request directly through our website www.casa.fontagusta.eu. We will confirm receipt of your booking request by e-mail. In response to your booking request, we will send you an offer for the desired booking period and with all selected additional services. The date of acceptance of the offer and thus the conclusion of the contract is the date of payment of the deposit (see section 2.2).
2.2. In order to complete the booking process, it is obligatory to pay a deposit of 20% of the total amount booked by bank transfer. The deposit must be paid within 10 days from the date of receipt of the offer. Otherwise the offer expires and a new booking request must be made.
2.3. The remaining amount is paid directly in the accommodation on the spot.

3. SERVICES AND PRICES
3.1. The booking confirmation alone shall be decisive for the scope of the services contractually owed by the accommodating establishment.
3.2. The prices contained in the booking confirmation are final prices and include all ancillary costs, unless otherwise expressly agreed. Separate charges may be incurred and shown for services for which consumption-based billing is specified in the booking basis or separately agreed, as well as for optional and additional services.
3.3. The prices include value added tax.
3.4. The agreed price shall become due for payment upon conclusion of the contract. Unless otherwise agreed, the price shall be paid to the accommodating establishment within 10 days after receipt of the invoice. The accommodation provider is entitled to demand immediate payment from the customer upon utilization of the contractual services (arrival) or at a later point in time.
3.5. If the full invoice is not issued at the time of booking, the accommodation provider is entitled to demand a reasonable deposit or security deposit from the customer in the form of a credit card guarantee, advance payment or similar upon conclusion of the contract.

4. TERMS OF PAYMENT
4.1. The deposit is paid by bank transfer to the following account:
4.2. The balance is paid directly in the accommodation. The payment can be made in cash, by giro card or credit card. In case of cash payment, please note the limit of 1.999 Euro.

5. LEGAL EXCLUSION OF THE RIGHT OF REVOCATION / WITHDRAWAL OF THE CUSTOMER (CANCELLATION) / NON-UTILIZATION OF THE SERVICES OF THE ACCOMMODATION PROVIDER (NO SHOW)
5.1. The conclusion of the contract obligates both contracting parties to fulfill the contract, regardless of the duration for which the contract is concluded. A unilateral, cost-free withdrawal on the part of the customer from a binding booking is generally excluded.
5.2. A contractual right of withdrawal of the customer from the contract concluded with the accommodation provider requires an express written agreement between the customer and the accommodation provider. If a date for free withdrawal from the contract has been agreed in writing between the accommodation provider and the customer, the customer can withdraw from the contract until this date without having to pay the agreed price. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal in writing to the accommodation company by the agreed date. The date of receipt of the customer’s declaration of withdrawal by the accommodation provider is decisive.
5.3. If the customer withdraws from the contract without such a right being agreed upon in writing between the parties, the accommodating establishment shall be entitled to the full remuneration, minus what is saved as a result of the non-utilization of the service. The accommodating establishment is entitled to make a lump-sum deduction of the saved expenses. The customer is free to prove that the accommodation company has not incurred any damage or that the damage is significantly lower.
5.4. If there is a cancellation according to item 5.3. the accommodation provider can demand a lump-sum payment from the customer as follows:
In case of cancellation up to 31 days before the beginning of the service period: cancellation free of charge.
In case of cancellation 30 days to 5 days before the beginning of the service period: 50% of the agreed service.
In case of cancellation within 4 days before arrival: 100% of the agreed service.
The deposit will be retained in any case due to administrative expenses.
5.5. The clauses 5.1. to 5.3. do not apply in case of violation of the obligation of the accommodation facility to consider the rights, legal assets and interests of the customer, if the customer can no longer be expected to adhere to the contract.
5.6. The statutory rights of withdrawal shall remain unaffected by the above provisions.
5.7. In the event of non-arrival at the start of the rental period without notifying the accommodation provider, the claim to the entire reservation shall expire.

6. RESCISSION BY THE ACCOMMODATING ESTABLISHMENT
6.1. If an agreed advance payment is not made even after the expiration of a reasonable grace period set by the accommodating establishment, the accommodating establishment is also entitled to withdraw from the contract.
6.2. If the withdrawal takes place according to the preceding paragraph, the accommodation company has the right to claim damages from the customer according to the rules of paragraph 5.3. In case of withdrawal up to 30 days before the beginning of the service period, there is no claim for damages.
6.3. Furthermore, the accommodation provider is entitled to withdraw from the contract for good cause, this applies in particular if:
6.3.1. Force majeure or other circumstances beyond the control of the accommodating establishment make the fulfillment of the contract impossible.
6.3.2. Rooms are booked under misleading or false information of essential facts, e.g. the person of the customer or the purpose of his stay.

7. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
The Customer shall not be entitled to transfer the premises and parts of the property made available to him for use to a third party, in particular to sublet them. The Customer is not entitled to use the premises and parts of the property given to him for purposes other than those agreed upon in the contract.

8. ROOM PROVISION, HANDOVER AND RETURN
8.1. Booked vacation rooms are available to the customer from 4:00 p.m. on the agreed day of arrival. The customer has no right to earlier provision.
8.2. On the agreed departure day, the vacation rooms are to be vacated by 14:00 at the latest.
8.3. The use of function rooms and other facilities open to the general public shall be regulated individually in each case.

9. LIABILITY OF THE ACCOMMODATION PROVIDER
9.1 The accommodation provider shall be liable only for direct damage caused to the Guest due to the failure of the accommodation provider to fulfill its obligations in relation to its own activity. In any case, the Accommodation Provider’s liability shall not exceed the total price of the booking to which the liability claim relates.
9.2. Insofar as a parking space is made available to the customer in the accomodation providers own parking lot, this does not constitute a custody agreement. In the event of loss or damage to motor vehicles parked or maneuvered on the property and their contents, the accommodation provider shall not be liable, except in cases of intent or gross negligence.
9.3. Claims of the customer against the accommodation provider from the accommodation contract as well as claims for damages of the customer become time-barred after one year.

10. ELECTRONIC INVOICE
The customer agrees to an invoice sent electronically.

11. DATA PROTECTION
The accommodation provider collects, stores and processes personal data only insofar as this is necessary for the processing of the contractual relationship with the customer. For this purpose, the accommodation provider stores the booking and the entered booking data of the customer. The accommodation provider sends the customer an e-mail with all booking data and the general terms and conditions. For the rest, the information of the privacy policy of the accommodation provider shall apply.

12. OS PLATFORM; DISPUTE RESOLUTION PROCEDURE BEFORE THE CONSUMER ARBITRATION BOARD.
The EU Commission has set up an internet platform for the online settlement of disputes (“OS platform”) between entrepreneurs and consumers. The OS platform can be reached at https://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

13. FINAL PROVISIONS
13.1. These Terms and Conditions and the provision of our Services shall be governed by and construed in accordance with Italian law.
13.2. For all disputes arising out of or in connection with these general terms and conditions and our service, the exclusive place of jurisdiction shall be Mantova (Italy).
13.3. If one of the provisions of this contract is or becomes invalid, all other provisions applicable to the contractual partners shall remain unaffected.