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Terms & Conditions

General Terms and Conditions

The following terms and conditions apply for the accommodation arrangement services provided. These terms and conditions form the legal basis of the relationship between the person(s) booking and the agency belonging to Lars Büntjen "Lupus-Italicus" (forthwith referred to as "Agency" or "L-I").

I. General

L-I (owner Lars Büntjen) is an agency offering holiday services. L-I acts as an agent providing tourism services (holiday homes, holiday apartments, hotel reservations, language courses, car rental, flights etc.). L-I is not a tour operator. When a booking is made, the contract is solely between the the person(s) making the booking and the provider of the respective accommodations such as the owner of holiday accommodation. Therefore, the following terms and conditions apply exclusively for the agency's arrangement services and have absolutely no influence on the conditions concerning the travel arrangements that have been brokered. To this end, then, it is important to refer to the general terms and conditions provided by the owner or person offering the accommodation or services. The agency's contractual obligations are restricted to arranging the travel services which are offered and which are available. The agency's contractual obligations do not extend to whether the services booked are actually used. Bookings are only accepted provided they are based on the following general terms and conditions. When the customer makes a booking (by telephone, in writing or via e-mail), the customer agrees to the following terms and conditions.

II. Booking, entering into a contract

You can make an inquiry to the agency orally, by telephone, using the internet (inquiry form), in writing or by fax. Your inquiry will be processed and answered as quickly as possible.
For your booking to be made final, the agency will require you to do this in writing (via e-mail, fax or letter) and will also require a deposit (see item III in these general terms and conditions). The booking is made by the person(s) travelling, as well as for all those listed on the booking, and is responsible for their obligations as well as his/her own. As a mandate, the booking is binding for the customer. Once your binding booking has been made, you will receive confirmation of the booking along with the invoice.
We regard your booking as being valid, once you have received the booking confirmation from us. It is your obligation to check that the booking confirmation is correct and free from errors within 4 days of receiving the booking confirmation document and to contact us immediately should this not be the case. It is important that you contact us immediately with your complaint within 4 days so that we can honour this deadline. Once this 4-day deadline has expired, we can do nothing more about errors or mistakes and they can no longer be used to cancel the contract or for compensation claims.

III. Terms of payment

The L-I agency is entitled to request payment for the price of the accommodation or a deposit against the total price on behalf and on account of the accommodation providers. Payment terms for accommodation booked is as follows:
- A deposit of 30% of the total amount is payable within 7 days to the L-I agency once a binding booking has been made over the L-I agency. If there are less than six weeks between the date of the booking and the date on which the holiday is due to begin, the entire balance (no prior deposit) must be paid within a 7 day period. If the deposit or full balance is not received by L-I within this deadline period, the provider, that is, the provider of the accommodation is entitled to withdraw from the contract and require the customer to pay a cancellation fee in accordance with item VII of these terms and conditions.
- The remaining balance is payable by direct bank transfer no later than 6 weeks before the holiday is due to begin; this is because the L-I agency must also make sure that the balance is transferred to the accommodation provider in plenty of time. If the remaining balance is not received by L-I within this deadline period, the provider is entitled to withdraw from the contract and require the customer to pay a cancellation fee in accordance with item VII of these terms and conditions.
Once the balance (or total amount) has been received by L-I, the customer will receive written confirmation from the accommodation provider.
Should this not be the case, you will be informed since this can vary from provider to provider.

IV. Deposit

Some accommodation providers require a deposit at the beginning of the holiday. The deposit amount will be indicated in the booking confirmation document sent to the customer by the accommodation provider.

V. Liability of L-I

Details provided on this site about holiday accommodation are based on the information given to us by the respective accommodation providers. L-I's liability to the person(s) booking the accommodation is restricted exclusively to the correct and proper communication of information given by the accommodation providers to the person(s) booking the holiday. However, the agency offers no guarantees or assurances as to the correctness, completeness or up-to-dateness of this information. L-I is not liable for the availability of the accommodation at the time of booking or for the performance of the travel services that have been booked.
The agency is not liable for minor negligent breaches of immaterial contractual obligations.
Liability is limited to 1.5 of the contractual amount in the case of
a) minor negligence of non-material contractual obligations and
b) malicious or gross negligence of contractual obligations by third parties (not legal representatives or supervisors).
Claims arising from liability in tort remain unaffected.

VI. Guarantee (complaints)

Should you be of the opinion that you have grounds for complaint about the holiday, please let the respective provider or local representative of the accommodation know immediately.

VII. Cancellation by the customer

In accordance with the following conditions, customers may cancel their booking contract before the beginning of the holiday. Cancellations must be made in writing. The date on which the written cancellation notification arrives at L-I is decisive. The cost of cancellation depends on the terms and conditions of the respective accommodation provider, in as far as they vary from the following conditions, and are detailed in the booking confirmation.

The following cancellation costs will be charged:
- cancellation up to 90 days before the first day of the holiday - 20 % of the total amount
- from the 89th to 60th day before the first day of the holiday 30 % of the total amount
- from the 59th to the 30th day before the first day of the holiday 50 % of the total amount
- from the 29th up to the 7th day before the first day of the holiday 80 % of the total amount
- 7 days or less before the first day of the holiday 90 % of the total amount.

The compensation payment will be higher or lower, when the user can prove higher damages or the contractual partner can prove lesser damages. If the customer fails to arrive without giving cancellation notification in writing, the customer remains obliged to pay the full accommodation price. No claim for compensation may made by customers arriving at a later date or leaving earlier. This also applies to cases in which the customer is not at fault such as illness and is unable to use services paid for. And it is for this reason that we strongly recommend taking out adequate holiday insurance.

VIII. Name change

The customer has the right to take a replacement person (name change), provided that there is no particular reason why this should not be allowed. An administration charge of 25 euro per person will be charge for name changes.

IX. Change in booking

Should the customer decide to change a completed booking, make a cancellation or other changes up to 90 days before the first day of the holiday, L-I will charge 25 euro per person for any changes made, provided, that is, that it is still possible to make any such changes. Requests to change bookings after this deadline can only be made once the old booking contract has been cancelled and a new booking request has been made at the same time.

X. Arrival and Departure times

The arrival and departure times will be detailed in the contract provided by the accommodation provider. If there is no expressed mention of this, the following applies:

- The accommodation will not be made available before 3 pm on the date of arrival.
- The latest permitted time of arrival is 9.30 pm. Customers are required to notify accommodation providers of any delays.. Any overnight costs incurred because of the customer's late arrival are borne by the customer.
- The accommodation must be vacated by 10.30 am on the day of departure.

XI. No liability for third-party services & "tips and tricks"

Descriptions on this site of things to see, walks, cycle tours and other tours are only provided for your information. L-I accepts absolutely no liability for these. We state explicitly that day trips, tours, third-party services and other leisure activities mentioned in particular cycling, hiking skiing and horse riding are done entirely at the customer's own risk. Given that we have no knowledge as to the level of skill of each of our customers, we recommend unskilled and untrained individuals to refrain from taking part in such activities.

XII. Passport, visa and health requirements

The customer bears sole responsibility for making sure that all official regulations required for travel are met such as passport, visa, customs, currency and health requirements. All damages, especially the payment of cancellation fees, arising from the failure to meet these requirements are borne by the customer, even in the event of requirements being altered subsequent to booking. L-I is not liable for the issuing or arrival of necessary visas by the respective diplomatic representatives, should the customer have charged the accommodation provider with getting a visa, that is, unless L-I is responsible for the delay.

XIII. Transfer not allowed

Unless the agency gives its written permission, the customer is not allowed to transfer his/her rights and/or obligations to L-I to a third party. This applies to claims arising from the arrangement contract and claims in connection with it, as well as to tort liability claims. Neither is it admissible for a third party to assert the previously mentioned claims of the customer in court in his or her own name.

XIV. Off-setting ban

Off setting with counter demands/counterclaims is inadmissible, in so far as these are not contested or legally established.

XV. Supplementary agreement exclusion clause

No verbal supplementary agreements have been made. Alterations and amendments have not been made to this contract.

XVI. Inclusion clause

These general terms and conditions apply to all future business between the contracting parties without the need to point out the existence of these general terms and conditions for new business.

XVII. Place of jurisdiction

The place of jurisdiction for all claims against the agency is Magdeburg, Germany. The exclusive place of jurisdiction for claims by L-I against the customer is Magdeburg, in so far as the customer is "Vollkaufmann" or legal entity of private or civil law or has no general place of jurisdiction in Germany.

XVIII. Severability clause

The inoperativeness of individual contract provisions or provision sections in these general terms and conditions do not affect the effectiveness of the entire terms and conditions.

General booking conditions of ABV

The company ABV - Artefice di Belle Vacanze srl (hereinafter referred to as “ABV”) with headquarters in Vagliagli (Siena), Piazza Vittorio Emanuele n°12, VAT n° IT01103330526, acts as a Tour Operator (authorised by the province of Siena as at 11.06.2001).

1. Rentals – Rental costs
Rental of ABV properties is carried out in the name of and on behalf of the owner (or those with legal tenure) of the rented property, at the prices prevailing in the current season, and which are indicated in the price list of each property. Prices for accommodation in Euro are an integral part of the General Booking Conditions; agencies are not authorised to modify these prices, under any condition. They are subdivided according to season, and the dates shown on the price list intend per accommodation and per week (apart from any information to the contrary given in the description). The minimum rental period is one week, from Saturday to Saturday, and two nights for rentals marked with the appropriate symbol.

2. Bookings
To make a booking, the client must use the ABV booking form and return it duly completed and signed. All bookings must be made through ABV, or agencies which are authorised to act on behalf of ABV or of the authorized agency . These agencies are authorised to accept payments. A deposit of 25% of the total rental cost is due at the time of booking in order to confirm the booking. The balance is due to ABV or the authorized agency no later than 42 days before the start of the rental period. If the balance is not paid within this time limit, ABV reserves the right to cancel the booking and to retain the deposit paid. Should the booking be concluded within 42 days of the start of the rental period, the client must pay the entire sum to the agency or directly to ABV. Any special request (additional bed, baby-bed, pet, etc) will be considered valid only if confirmed in writing by ABV.

3. Rental Voucher – number of beds
After the balance has been paid, ABV or the agency will send the client a rental voucher together with the address of the property and the itinerary for reaching it. Upon arrival the client must show the voucher to the owner of the property or his representative. No other document will be considered valid. The voucher is valid only for the persons named and is non-transferable. The owner or his representative may refuse entrance to the property if the number of persons (adults and children over the age of two years completed) exceeds the maximum capacity of the property indicated in the description. The only exception is for children under the age of two years (not completed), provided the clients bring their own baby-bed and linen. Unless arranged differently with ABV, only the persons whose presence is reported to the competent authority, can stay in the property. If there is any substitution of persons during the stay, the owner or his representative can request the whole party to leave, in which case the client forfeits the total rental cost to ABV without reimbursement or compensation.

4. Method of Payment – supplementary charges
Payments must be made in the way indicated by the authorized agency in Euro and without any cost to the beneficiary. In case of a bank payment the transfer must record the name of the client, number of persons booked and reference to the property booked. If these conditions are not met, the booking is invalid. Payments in other currencies are not accepted. The rental price and any extra costs pertaining to a property, such as: heating, water consumption, electricity or other, are all indicated in the descriptions. All supplementary costs including use of telephone, domestic help or other, must be paid directly to the owner or his representative before departure.

5. Arrival and Departure
Apart from any exceptions reported in the description of the property, arrival and departure times are the following: Arrivals must take place on Saturday between 5 p.m. and 8 p.m. Departures must take place on Saturday between 8 a.m. and 10 a.m., after having returned the house-keys and allowed the owner or his representative to inspect the condition of the property. Any change in the date or time of arrival must be communicated to and be approved by ABV within 3 days of the start of the rental. In case of a delayed arrival, the client must inform ABV between 5 p.m. and 8 p.m. – telephone 0577-322757, fax 0577-322424 or email info@abvitalia.it , so that ABV is able to notify the owner of the delay. In the case that the owner or his representative cannot be contacted to notify of the delay, or that the delay is not communicated beforehand, or that the owner cannot accept a late arrival, any subsequent accommodation costs are to be paid for by the client. The owner or his representative that may be forced to accept an unforeseen drive may ask the client to be reimbursed for costs. Arrivals on the Amalfi Cost must take place on Saturday between 4 p. m. and 7 p.m. In case of lateness, no matter what the cause is, the agency on site reserves the right to ask the client to pay them a compensation of Euro 25.00 directly on site. On arrival at the property, the client must hand over to the owner or his representative the rental voucher and all passports or identity cards of the members of the party, to enable – if necessary – the registration of these documents to conform with Italian law.

6. Security Deposit – Order and Cleanliness – Central Heating – Pets
On arrival the client must hand over an obligatory security deposit to the owner or his representative. The security deposit must be in cash and in Euro. This deposit will be refunded to the client at the end of the holiday, less any supplementary charges or charges for any loss or damage to the property. The owner or his representative will refuse admittance to the property if the deposit is not paid. Should clients decide to depart at an earlier time, the owner or his representative reserves the right to keep the deposit until he has made an inspection of the house and controlled the inventory within the time frame stated in paragraph 5, and to mail it to clients within one month of departure after deducting any relevant charges for final cleaning or for damage caused by clients. The client and the owner of the property exonerate ABV of any responsibility for any possible controversies that may arise between the client and the owner concerning the deposit and its restitution. The properties are handed over in a clean and tidy condition. Upon leaving the client must pay the owner or his representative the final cleaning sum indicated in the price list of the property. This does not include the cleaning of the kitchen or the removal of rubbish, which is the responsibility of the client. If this is not done, the owner or his representative is authorised to deduct €8.00 per person (minimum deduction of Euro 25.00 per property) in addition to the cost of final cleaning. Use of central heating, even if included in the cost of rental (period of use, temperature, times..) is governed by the local authority and varies from region to region. Saving new regulations, in Tuscany one can currently only use central heating from the beginning of November to the end of April (8 hours a day). Outside this period heating can not be guaranteed. Heating prices are very high in Italy. Pets (cats and dogs) are only accepted in the properties showing the appropriate symbols. Clients should inform ABV of any pets when booking, indicating number and breed in the case of dogs. The client must make sure that their animal(s) do not damage or dirty the property. In some cases the owner may charge a supplementary charge, indicated in the description of the property and to be paid on site.

7. Code of Behaviour
Clients who rent an ABV property are held to respect the property and the traditions of the place. If the clients or their party fail to behave in a civilised and decent manner, the owner or his representative has the right to ask the party to leave the property immediately and before the departure date scheduled and has the right to deduct the sum of any damage incurred from the security deposit, in addition to the final cleaning fees. In this case, the client loses all rights to any reimbursement of rental costs.

8. External maintenance – Swimming Pool
The owner or his representative reserves the right to enter the property for necessary maintenance of the garden, swimming pool, tennis court etc, even in the case of houses that are totally independent. Failing indications to the contrary in the property description, swimming pools are open from 15 May to 30 September.

9. Complaints – Responsibility
The descriptions of the ABV properties are accurate and made in good faith. ABV declines any responsibility for alterations carried out by the owner without informing ABV. Above all, if the client has cause for complaint, he/she should inform ABV on the day of arrival, Saturday, no later than 7.30 p.m. or before 12 p.m. hours on the following Monday, confirming it in writing within 24 hours of arrival. Telephone 0577-322757 Fax 0577-322424 e-mail info@abvitalia.it.
The ABV office is open all-year from Monday to Friday from 09.00 a.m. to 17.30 p.m. and from Easter until the end of September even on Saturdays. The client must give ABV the time necessary to verify the complaint and possible responsibility, at the property and in the presence of the client and the owner or his representative, and to resolve the problem. In the absence of the above-mentioned procedure and without the authorisation of ABV, clients who leave the rented property before the scheduled departure date, will lose any right to reimbursement of rental costs or compensation of any kind. No complaint can be considered and no refund will be paid unless this procedure is observed within the time limit stated above or after departure from the property.
The following events do not constitute grounds for complaints: acts of God, the presence of insects or animals typical to the area that may provoke possible stings or bites, interruptions to the power or water supply, if the problem is caused by the supplier or by unforeseen events. The properties that ABV offers are characteristic accommodations, without any recognised international standard, and reflect the personal taste of the owner and local traditions, especially in their style, design and furnishings. Any possible small disadvantages that derive from the above-mentioned causes, cannot be accepted as reason for complaint. If ABV is obliged to cancel the booking as a cause of force majeure or for any other reason outside its control, ABV will offer the client another property with similar characteristics, according to availability. If the proposed property costs less, the client will be reimbursed the difference. Whatever the case, the client has no right to compensation of any kind.

10. Insurance
ABV declares to have taken out all obligatory insurance policies stipulated by the Region of Tuscany, Italian law, and the European Community in the subject of guarantees to clients in the tourism sector. For more information, please read the text of “Certificate of Guaranty”.

11. Cancellations
The cancellation of a booking on the part of the client, for whatever reason, must reach ABV in written form and will incur the following cancellation charges:
15% of total rental costs, if the cancellation is made up to 60 days before the start of the rental period
25% between 59 and 40 days before the start of the rental period
50% between 39 and 30 days before the start of the rental period
90% between 29 days and the day before the start of the rental period
100% if the cancellation is made on the day the rental period begins or in case of a no-show For any change to the original booking on the part of the client, always assuming that the property and the rental period remain the same, the client must pay a fee of Euro 25.00. If ABV is forced to cancel the booking due to changes requested by the client for the rented property and the period booked, the client must pay the cancellation charges indicated above. If ABV is able to rent the cancelled property, the client must pay a cancellation charge equal to 5% of the total cost of the property with a minimum of Euro 100,00 to cover the handling charges.

12. Jurisdiction
For any dispute concerning the booking and the current Booking Conditions, the Court of Siena has jurisdiction. Italian law applies.

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