Termini e Condizioni
These General Terms and Conditions define and manage the rent contract agreements between Terrazza Core Amalfitano (defined in the following as Structure) and the guests of rooms of this Structure. Terrazza Core Amalfitano is managed by the company: MR FAN srl P.I 05774060650 (Firm Identification Number) as a room rental firm, according to the italian law
II. Contract Dissolution and notification duty
The contract became active upon acceptance by the Structure of the customer's request of booking. At its discretion, the Structure can confirm the booking of rooms in writing.
At the signing of the contract, the guest must inform the Structure if the use of one or more services of the Structure by the guest can jeopardize the normal activities of the Structure, security or reputation of the Structure respect the public opinion.
III. Roles about services, prices, payment and compensation
The gest is obliged to pay the prices that the Structure has agreed with him\her or that the Structure has applicated for the rooms and other provided services. This one also applies to the services ordered by the customer directly to the Structure and that could be even provided by a third party that has a working agreement with the Structure itself
The agreed prices include all taxes defined by the Italian Republic and in force at the time in which the contract will be signed. This one does not include the city taxes that are required to the guest and that are based on the specific municipal laws, for example the city tourist tax. If the VAT, set by the Italian law, varies or if local taxes are introduced, modified or abolished after the sign of contract, the prices will be modified accordingly.
The Structure could consent (or not) to a subsequent request by the guest for a reduction of the number of booked rooms, of the requested services or of the length of stay, evaluating each time the possible charges for the Customer
If the invoice is agreed in "Electronic Invoice" way, the invoice must be paid by the guest without any deduction and at the check out (or before), according to the agreements between the guest and the Structure.
The Structure is authorized to request a reasonable advance payment or a guarantee to the guest upon signing of the contract, for example by a credit card or by a bank transfer. The amount of the prepayment and the payment dates must be agreed in writing in the contract. The legal provisions remain unchanged for advance payments or guarantees for tour packages.
In cases where this is justified, for example in case of non-payment by the customer or expansion of the scope of the contract, the structure is authorized (even after the signing of the contract and until the beginning of the stay) to request an advance payment or a guarantee or an increase of the guarantee (paid or not) or an advance agreed payment, up to the total amount that has been established with the guest.
From the beginning and during the guest’s stay, the Structure is also authorized to request a reasonable advance payment or a security deposit if this amount has not already been paid as defined above.
IV. Contract termination by the guest (i.e. cancellation) / non-use of the requested services (non-show)
The guest can annul the signed contract with the Structure only if:
- the right of termination has been explicitly defined in the contract,
- there is another legal right of termination applicable;
- the Structure gives its explicit consent to annul it.
The contractual agreement about the right of termination the contract and the agreement to terminate the contract must both be share in writing between the Structure and the guest.
If it has been defined a date for the free termination of contract, the guest can annul the contract until this date without having to pay any cost or claim for damages to the Structure. The customer's right of termination became null if it is not exercised in writing with notification to the Structure according to the termination agreed date.
The structure is authorized to receive the agreed contractual tariff even if:
- the rooms are not used;
- a contractual right of termination has not been agreed or if this right has expired;
- a legal right of termination or cancellation has not been granted;
- the Structure does not give its consent to annul the contract.
All these information are even described in a specific section of the website and \ or the booking engine and in a specific section of this document.
V. Contract termination by the Structure
If it has been agreed that the guest can annul the contract until a specific date, even the Structure can annul the contract, in whole or in part, until this specific expiration date. This case became available if a new guest require the reserved rooms by a new contact and the actual guest does not waive its right of termination within a specific date that the Structure have to communicate at the actual guest after the request of the new guest.
This specific condition even applies if the Structure want share an option in the case in which there are other request of booking by other guests and the actual guest don’t make a definitive booking of the reservation within a specific date.
The Structure also has the right to terminate the contract for a materially justifiable cause; in particular, if:
- circumstances of force majeure or other circumstances outside the control of the Structure make it impossible to fulfill the contract;
- the services of the Structure are booked with false or deliberately misleading information or hiding essential facts
Possible cases, in which services of the Structure are booked with false or deliberately misleading information or hiding essential facts, are the following:
- the identity or solvency of the client or the purpose of his / her stay can be essential facts;
- the Structure has a valid reason to believe that the use of the offered services may jeopardize the normal activities of the Structure, its security or its public reputation, without any possibility of control from the Structure;
- the purpose or cause of the stay is not legal
The Structure also has the right of contract termination , even if an agreed advance payment or a guarantee or an advance requested payment is not even paid after the expiration date of a reasonable grace period, that the Structure has defined by itself.
The Structure is authorized to interrupt or cancel interviews and sales or similar events that are not approved.
The justified termination of the contract by the Structure does not give the right to claims for damages by the customer.
In the event of extraordinary termination, the Structure may request compensation for damages, and may charge a global sum for such request.
VI. Availability, delivery and return of the rooms
The customer does not acquire the right to stay in a specific room if this has not been explicitly agreed.
Unless otherwise agreed, the booked rooms are available from 3pm on the day of arrival. If a later arrival time has not been explicitly agreed or if the room has not been paid in advance, the structure is authorized to rent the room to other clients after 6.00 pm. In these cases the customer can’t be able to make claims against the Structure for this purpose action. There are no obligations to rent the room to another person.
The rooms must be left free for the Structure within 10.00 am, ten in the morning, on the agreed departure day. If the client wishes to vacate the room after this time, it is possible paying a supplementary hourly rate, subject to availability.
If the customer uses the room after 12.00 am (noon), without having previously agreed with the Structure, it can charge 50% of the full price (list price) for the additional use of the room until 15.00, after 15.00 and up to 17.00, the Structure require an additional rate of the 100% of the full daily price in the period. The customer is free to demonstrate that the structure is entitled to a lower request or it is not entitled to any request for expenses related to the use of the room.
VII. Responsibility of the Structure
The Structure is only responsible for damage to physical health, limbs and life in its space. It is also responsible for other damages caused intentionally or by negligence or due to intentional or irresponsible violation of typical contractual obligations. Typical contractual obligations are those obligations that ensure the correct application of the contract and on which the customer relies and can rely. All other claims for damages are excluded. In the event of interruptions or shortcomings of the performance of the Structure, it must remedy these interruptions as soon as it is informed or following the customer's objections, without unjustified delays. The customer is obliged to take any reasonable action to eliminate the interruption and to minimize possible damage. The customer is also obliged to inform the Structure as soon as possible in case a large loss may occur.
The Structure is not responsible to the client for the properties introduced in the structure itself. The Customer is obliged to manage the same with care and diligence, as a "good father of the family". In each room the structure provides a safe to the customer. If the guest wishes to bring with him money, securities, funds, bonds or other valuable valuables and wants insurances against theft or damage, he must independently stipulate his insurance agreement.
The objects, forgotten by the customer, are sent only on customer request, at his own risk and at his expense. The structure retains these objects for three months, after which, in the case of value objects, these one are sent to the local lost police unit. If the local lost police unit does not accept the items, they are kept for another nine months, after which they are disposed of or destroyed.
If the customer is assigned a parking space in the garage or in the parking lot of an external company - although suggested by the structure at the request of the customer -, this does not constitute any custody contract. Even if this service is conveyed and / or paid to the Structure itself, it has no obligation to monitor and, therefore, does not assume responsibility for damage or loss of parked or maneuvering vehicles and the Structure has no responsibilities about the objects that are contained therein.
The wake-up service is provided by the structure with the utmost diligence possible, where the structure itself decides to provide it (at its sole discretion). The delivery of messages, e-mails and goods for guests is handled with care, where the structure itself decides to deliver it (at its sole discretion). In this case, the Structure will deliver, store and, upon payment, send such items (on request). The delivered goods can be stored only if previously agreed.
VIII. Final Notice
The modifications and additions to the contract or the present general conditions must be made in writing. Unilateral changes and additions by the customer are not considered valid.
For commercial transactions, the place of execution and payment is the place where the Structure is located
For commercial transactions, the court of Salerno has exclusive jurisdiction in the event of disputes, including those relating to checks. The Structure may also, at its discretion, summon the customer to the place in which the same or the province of reference is located.
The contract is regulated and must be interpreted in accordance with the laws of the Italian Republic. The application of the United Nations Convention on the International Sale of Goods and the Conflict of Law is not permitted.
The Structure may take part, or not, to mediation for the resolution of disputes by consumer associations, at its own discretion.
If one o more articles of these General Terms and Conditions to stay in the Structure will become invalid or not applicable, this will not affect the validity of the remaining condictiones. The legal condictiones are also applicable.
IX Cancellation Policy
Method of payment for the rooms with a reimbursable rate (with included breakfast service or not) and \ or the required additional services. The Structure has the right to request the payment of the entire stay before the arrival of the client, at check in or at check out. In all these types of payment, the Structure will make a reservation on a credit card (without actual payment) of the amount for the entire stay as a guarantee. At check out, the Structure can proceed with the actual payment of the stay through the following methods: credit card, debit card or cash, according to the agreement with the gest. The Structure not accept payment by check or bank transfer as forms of payment at check out. The Structure could accept bank transfers as a payment method for the entire stay only in same specific cases that permit to receive the fees due before the check out date.
Method of payment for the rooms with a not reimbursable rate (with included breakfast service or not). The structure requires payment of the entire stay at the time of booking mainly through the credit card indicated as guarantee. The Structure reserves the right to accept or decline the bank transfer as a payment method for this type of room. The holder of the credit card – send\insert as guarantee – must be one of the guests of the structure. In case of such impossibility, the Customer must immediately contact the Structure for further information.
Method of cancellation for the rooms with a not reimbursable rate (with included breakfast service or not). It is not possible to cancel or modify this type of reservation. In case of cancellation the full prepaid amount will be retained as a penalty. The same penalty (the full amount) is applied in case of no-show.
Method of cancellation for the rooms with a reimbursable rate (with included breakfast service or not). The cancellation must be made mainly in writing (for example via email or OTA). The Structure could even accept some cancellations by phone or in person (by voice). These one will be only accepted after the Structure has verified the full identity correspondence between who are wishing to the cancellation and who has done the reservation. After the Structure has sent to the guest the confirmation of the reservation, the guest could be done the cancellation (or change) until on the 17:00 of the 10th day before to arrival, if the reservation has been done in direct way (by email, by phone) or using the booking reservation system that is available on our website. If the reservation has been done by one of the most common OTA (by booking, by expedia, etc..) the cancellation or change time of the reservation could be different. All information about this cancellation or change time are explained on the OTA website. In case of cancellation (or change) after this deadline, the amount equivalent to the first night or the entire stay (according to the annual period) will be debited to the Customer, and the instrument used will be the credit card given as guarantee at the time of booking. This charge is a penalty and not a payment, so it is not possible to occupy the room. In case of the reservation payment (partial or total) has be done with bank transfer, the deposit is to be considered as a guarantee of the reservation. In case of late cancellation or modification of the reservation, it may be retained by the Structure as a penalty. In case of cancellation or changes on the day of arrival the payment will be required for the entire stay. Bookings made within 3 days from the date of arrival can not be canceled or modified as they are to be considered not- reimbursable. In this case the Structure applies the methods for the payment and cancellation, described before.
Method for the management of the reservations. To guarantee the reservation (we mean the guarantee in case of late cancellation and / or modification beyond the permitted time limits and in case of non-show) the structure requires: 1) the details of a credit card among those indicated inside of the website of the structure or of the OTAs on which the Structure is present; 2) a valid e-mail address, 3) a valid telephone number (i.e. mobile) to contact the Customer. In the days prior to arrival at the Structure, the data received will be verified and, in case of anomalies, the Structure reserves the right to cancel the booking, by e-mail or telephone. If the customer does not have a credit card, he \ her must contact the Structure. In these cases, the Structure reserves the right to request the payment of a deposit that must be received from the Structure within 2 days from the booking date, by bank transfer. The Customer, in this case, is required to send a copy of the bank transfer document by e-mail to the structure at the same time as the execution of the reservation.
These indications do not apply to not- reimbursable rate or to those reservation that are done within 3 days of the date of stay.
Method for the management of the confirmations. The Structure receives booking confirmations mainly via email and will be processed within a maximum time of 24 hours. The reservation is considered provisional until the Customer receives the confirmation of the same from the Structure. The Customer is obliged to always check the confirmation of the reservation received in order to avoid the occurrence of any mistakes or misunderstandings.
Method for the management of the Special Events. In some special periods (i.e. Christmas, New Year's Eve, Easter, historical regatta, etc.) the Structure reserves the right to request a minimum of nights for the stay and for all bookings the cancellation / modification policy may vary (i.e. it will go up to ten days before the date of arrival). The structure also reserves the right to change the amount of penalties applied for non-late or late cancellation / modification and non-show. All special events and changes to the policies normally applied will be reported at the time of booking using the different sales channels (own web site, OTAs, etc..).
Method for the management of the reservations for long periods and / or for groups (2 or more rooms). For this type of reservations, the Structure requires prepayment of the entire stay. Payment can be made by bank transfer or credit card at the time of booking. This type of reservation is to be considered non-modifiable, non-cancellable and non- reimbursable upon receipt of confirmation.
Method for the management of the holiday packages. In case of purchase by the Customers of a "package" solution (ie stay + additional complementary services), the Structure specifies that no service included in the package sold will be reimbursed in case of non-use. The structure reserves the right to request payment of the entire package in advance or upon arrival at the Structure, without prejudice to the validity of the guarantees requested to the Customer at the time of booking that have been described above.
Method for the management of the stay and the little Italian breakfast. The Structure intends to provide the opportunity to enjoy a small Italian breakfast at an additional cost per night compared to the stay of € 15 per person for adults and € 12 per person for children (0-14 years). The payment of the small breakfast, unlike the other packages, can be adjusted at the time of the balance of the stay only and exclusively for the reimbursable rates, according to the Structure.
Method for the payment of the City tax. The tourist city tax, regardless of all type of applied rate (refundable or non-refundable) must be paid by the customer in cash at check out. In same case, the Structure could define different agreements with the Customer at the time of booking.