Effective Date: January 2017
§ Scope of application

These terms and conditions of the BALAIANA ECO RETREAT SARDINIA S.R.L.

(Hereinafter referred to as “BER”) apply to all services provided by BER to

their hotel guests and contract partners.

2 Definitions of definitions

2.1 “Contractual Partner” means both a natural or legal person of the

country of domicile or of a foreign country, as well as a not legally binding

association and a partnership which as a guest or for a guest a contract of

accommodation with BER.

2.2 “Guest” means any natural person, the accommodation or other

services of the hotel industry on the part of BER on the basis of a contract

with the contractual partner. The guest is usually also contract partner.

“Guests who are traveling with the contract partner (eg family members,

Friends etc).

2.3 “Accommodation Agreement” means any agreement between BER

and a contractual partner on an exchange of services between a guest and


3 Contract conclusion; deposit

3.1 The accommodation contract shall be concluded by BER by accepting

the appointment of the contracting party or guests.

3.2 BER shall be entitled to conclude the accommodation agreement

only on the condition that the contractual partner a down payment, if

necessary also in several, staggered partial payments. In this BER shall be

obliged, before the acceptance of the written or oral order of the contract

partner, to advise the contractual partner of the required deposit. If the

contract partner agrees with the down payment (Written or verbal), the

accommodation contract comes with the consent of the consent on the

payment of the down payment of the contractual partner at BER.

3.3 The contractual partner is obliged to pay the down payment

according to the concluded contract of accommodation in time. In this

respect, the date of receipt of the money in the cash register or in the

account of the BER. The cost of the money transaction (for example,

transfer charges) is borne by the contractual partner. For credit and Debit

cards, the respective conditions of the card companies apply.

3.4 The sum of the deposit paid is a partial payment to the agreed

payment. The first payment of the deposit is not refundable in the event of

a rescission and is complied with according to the regulations under Art. 6.

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3.5. The room reservation is usually by the week from Saturday to

Saturday, with a minimum stay of 7 nights.

4 Receipt of declarations of intent

4.1 All, including those electronically transmitted in connection with the

conclusion, the performance and the termination of a contract of

accommodation shall not be deemed to have been received until the Party

for which they are appointed, may take notice of them under normal


4.2 The possibility of acquiring knowledge pursuant to Art. 4.1 is,

subject to the provisions of § 4.3, in electronic form transmission as soon as

the declaration is made on a receiving device or server of the explanatory

receiver has been received.

4.3 As the date of access, the actual date of receipt of the declaration

shall be deemed to be valid only if the declaration is made by 18:00 (Day 1),

otherwise the following working day (ie except Sundays and holidays) as the

day of receipt. The time of receipt of an explanation shall always be at the

place of the declaration recipient official time. The relevant time of receipt

of an electronically transmitted declaration of intent is the automatically

recorded reception time by the receiving device.

5 Start and end of the accommodation

5.1 The contractual partner has the right, provided the BER does not

offer a different reference period and the contractual partner accepts the

rented rooms from 2 pm on the agreed day (“day of arrival”).

5.2 If a room is occupied for the first time before 8.00 am, the previous

night shall count as first night.

5.3 The rented rooms are on the day of departure by the contractual

partner until the time indicated in each case vacate. BER is entitled to

charge another day if the rented rooms are not freed.

6 Withdrawal from the accommodation agreement rescission of the

accommodation contract; Cancellation fee; Resignation by BER

6.1 If the accommodation contract contains a down payment, if

necessary also in the form of several staggered dates and if the down

payment has not been paid by the contractual partner within the time limit,

BER can provide an extension of the accommodation contract.

6.2 If the guest does not appear until 7.00pm of the agreed arrival day,

there is no such day accommodation more, unless a later arrival time was


BALAIANA Sardinia Eco Retreat | Lu Mocu, Stazzo Azara-Pruneddu, 07020 Luogosanto (OT)

6.3 If the contractual partner has paid a down payment (see Art. 3.3),

the premises remain until no later than 2.00pm on the day following the

agreed arrival day. Advance payment of more than four days, the

accommodation ends from 6:00pm of the fourth day, whereby the arrival

day as first day is charged, unless the guest announces a later day of arrival.

6.4 The accommodation agreement may be made no later than 3 months

before the agreed date of arrival of the contracting party by BER for reasons

reasonably justified by means of a unilateral declaration, unless otherwise

agreed. The reasonably justifiable reason is, in particular, the foreseeable

reason impossibility of lodging as a result of objective technical, legal or

other information provided by BER physical circumstances not attributable

to them.

Cancellation / Cancellation by the Contracting Party – Non-refundable

deposit / processing fee / cancellation fee

6.5 The accommodation contract may be terminated by unilateral

declaration by the contracting party. The withdrawal must be in writing. In

the event of cancellation, cancellation charges will be charged, which are

calculated as follows:

a) In the case of withdrawal from the contract signature until the 31st

day before the day of arrival:

– Cancellation fee: processing fee in the amount of the

deposit, which is non-refundable.

b) For cancellations up to the 30th day and up to the 8th day before the

day of arrival:

– 50% of the contracted price

c) In case of cancellation up to the 7th day before the arrival day:

– 70% of the contracted price Art. 7 Position of a replacement


7 Position of replacement accommodation

7.1 BER may provide the contractor or the guests with an adequate

substitute accommodation (comparable quality) if this is reasonable for the

contractual partner, especially if the deviation is minor and is objectively


7.2 A substantive justification is given, for example, when the space

(the rooms) consists of unforeseen reasons have become unusable, already

BALAIANA Sardinia Eco Retreat | Lu Mocu, Stazzo Azara-Pruneddu, 07020 Luogosanto (OT)

quartered guests extend their stay, one or other important operational


7.3 All additional installation costs shall be borne by BER.

8 Rights of the Guest

8.1 By concluding an accommodation contract the guest acquires the

right to the usual use the rented rooms, the facilities and services of the

hotel, in particular the Meals and as cost-proofed beverages, the usual way

and without special conditions which are available for guests to use and to

enjoy, as well as on the usual service in the hotel.

8.2 Insofar as services are deemed to be paid for, the guest shall have

them at the end of their stay to be paid separately. Insofar as the

consumption of such services, in particular of beverages, by the self-service

is possible, the guest has the services consumed by him immediately after

the withdrawal from the storage cabinets, etc., in the corresponding lists

for the purpose of subsequent settlement note. It´s not allowed for the

guests to bring and consume own beverages or food in the restaurant or the

restaurant terrace.

9 Obligations of the contract partner or the guest

9.1 The contractual partner or the guest is obliged to pay the agreed fee

at the time of departure at the latest plus any additional amounts, which

may be deducted as a result of a separate claim for performance by him and

/ or the accompanying guests, plus legal consumption tax.

9.2 The BER is not obliged to accept foreign currencies. If the BER

accepts foreign currencies if possible at the day’s rate. Should the BER

foreign currency or cashless payment, the guest bears all related costs, such

as inquiries credit card transactions, exchange or collection fees, etc.

9.3 The contractual partner shall be liable to the BER for any damage

that he or a guest or other person who is involved with to the contractual

partner and, with the knowledge or willingness of the contract partner, to

provide services of the claim to.

9.4 The contractual partner or guest has the account of his / her

separate consumption according to Art. 8.2 immediately check. His

contradiction with the correctness of the consumption recorded on his name

Art 8.2 and special services acc. Art. 11.2 is only possible until the end of

his stay at the hotel. The withholding of fees for the separate consumption

are permitted on the part of the guest or contract partner only to the

extent, as he reasonably justified his opposition to the correctness of the


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10 Rights of BER

10.1 If the Contracting Party refuses to pay the contractually agreed fee,

including the Remuneration for separate consumption Art. 8.2 or special

services according to Art. 11.2, or is it in arrears, BER shall be entitled to

the right of retention as well as the statutory right of lien to the contractual

partner or the things entered by the guest. BER shall retain this right of

retention or lien to secure his claim under the contract of accommodation,

in particular for food and drink other expenses incurred for the contractual

partner, as well as for any claims for compensation of any kind.

10.2 If a hotel service not included in the standard services is provided in

the guest’s room or extra (After 20:00 and before 6:00 hours), the BER is

entitled to a special fee to demand. This special fee is to be communicated

to the contractual partner when ordering the service. BER can also refuse

these services for operational reasons.

10.3 The BER is entitled to the right to settle or settle the account at any


11 Obligations of the BER

11.1 BER shall be obliged to provide the agreed services in accordance with

their hotel standard to provide.

11.2 Special services of the BER, which are not included in the

accommodation charge, are in addition to those Art. 8.2 also include

accommodation which does not belong to the standard services of the hotel.

This includes in particular transport services from and to the hotel on the

sea or land routes, but also errands in the order of the contract partner

outside the hotel business by hotel staff.

12 Liability of the BER for damage to goods entered

12.1 BER shall be liable only to the extent stipulated by law for the goods

entered by the contractual partner. BER’s liability shall only be assumed if

the items of the BER or the employees authorized by the BER handed over

or transferred to a place designated or intended for this purpose. If the

contracting party or the guest meets BER’s request to place the goods in a

special place of storage the BER shall be released from any liability.

12.2 BER shall only be liable for the loss of money, jewellery and valuables,

insofar as they are aware thereof have been handed over to the hotel staff

authorized to do so; in the course of this custody. The BER can keep custody

of money, jewellery and valuables if they are much more valuable than their

guests are usually in custody.

12.3 In any case, the assumed liability is excluded if the contractual partner

and / or the guest does not immediately report the damage to the BER.

BALAIANA Sardinia Eco Retreat | Lu Mocu, Stazzo Azara-Pruneddu, 07020 Luogosanto (OT)

13 Limitations of liability

13.1 BER’s liability for slight negligence, with the exception of personal

injury, is excluded.

13.2 If the contractual partner is not a consumer, BER’s liability for gross

negligence is excluded. In this case the Contractor shall bear the burden of

proof of the fault. Consequential, intangible or indirect damages as well as

lost profits are not replaced.

14 Animal husbandry

14.1 Animals must not be taken to the accommodation facility.

15 Extension of the accommodation

15.1 The contractor shall not be entitled to prolong his stay. Announces the

contract partner his desire to extend the stay on time, the BER may extend

the accommodation agreement. However, the BER is not obliged to do so.

16 Termination of the accommodation agreement; Premature dissolution

16.1 If the accommodation agreement has been concluded for a certain

time, it ends with a time sequence.

16.2 If the contractual partner leaves prematurely, BER shall be entitled to

demand the full agreed remuneration. The BER will deduct what it saves as

a result of the non-use of its services or what he has received by otherwise

letting the ordered rooms. A saving is only available, If at the time of the

non – use of the

a) make a material adverse use of the premises or by his reckless,

offensive or otherwise grossly unseemly behaviour to the other

guests, the owner, the employees of the house or the third party

residing in the accommodation establishment, is incapable of living

together, against these persons a criminal offense against property,

morality or the physical security;

b) be affected by an infectious disease or a disease that goes beyond

the duration of the stay will or else will be nurtured;

c) the invoices submitted are not paid at maturity within a reasonable

period (2 days).

16.3 If the fulfilment of the contract by an event to be regarded as force

majeure (for example elementary events, Strike, lock-out, official orders

etc.) becomes impossible, BER can enter the accommodation contract at

any time without notice of termination, provided that the contract has not

already been registered under the law as or BER is exempted from its

BALAIANA Sardinia Eco Retreat | Lu Mocu, Stazzo Azara-Pruneddu, 07020 Luogosanto (OT)

obligation to provide accommodation for other reasons. Any claims on

Damages, etc. of the contracting party are excluded.

17 Disease or death of the guest

17.1 If a guest becomes ill during his / her stay in the hotel, BER becomes

the guest’s request provide medical care. If danger is in default, BER will

provide the medical care even without special desire of the guest,

especially if this is necessary and the guest himself does not be able to.

17.2 As long as the guest is not able to make any decisions or the guests’

guests BER will provide medical treatment at the expense of the guest.

These care measures but end at the time when the guest can make

decisions or the relatives of the have been notified.

17.3 BER shall have the opposite party to the contract partner and the guest

or, in the case of death, against their legal successors in particular for the

following costs Replacement claims:

a) open medical costs, medical expenses, medication and other medical

treatment costs,

b) necessary room disinfection,

c) non-usable laundry, bed linen and bedding, otherwise for thorough

cleaning these objects,

d) restoration of walls, fixtures, carpets, etc. insofar as these are

related have been contaminated or damaged with the disease or


e) room rent, in so far as the room was occupied by the guest, plus any

days of the guest un-use of the rooms due to disinfection,

evacuation, etc.,

f) any other damages that may occur to the BER.

18 Place of Performance, Jurisdiction and Choice of Law

18.1 Place of performance is the property of BER, Località Lu Rocchju,

Regione Balaiana, Stazzo Azara-Pruneddu 07020 Luogosanto (OT), Sardinia,


18.2 These terms and conditions and all contracts based on them are

subject to Italian law Right under exclusion of the rules of the UN purchase


18.3 Jurisdiction in all disputes concerning contracts based on these General

Terms and Conditions, the national court of justice in Italy is entitled to do


BALAIANA Sardinia Eco Retreat | Lu Mocu, Stazzo Azara-Pruneddu, 07020 Luogosanto (OT)

19 Other

19.1 Unless the above provisions provide for anything special, the period

starts with delivery of the document ordering the time-limit to the

contracting parties, which must keep the time-limit. When calculating a

deadline which is determined in days shall not include the day on which the

event occurs which is the cause of the event start of the deadline. Time

limits determined by weeks or months refer to those days the week or the

month, which by its designation or number corresponds to the day from

which to the deadline to run. If this day is missing in the month, the last day

of the month is decisive.

19.2 Declarations must be submitted to the other Contracting Party on the

last day of the deadline (9:00pm).

19.3 BER shall be entitled to set off its own claims against the account of

the contracting party. Of the contractual partner is not entitled to set off

his own claims against BER claims, it is because BER is insolvent or the claim

of the contracting party is judicially established or by BER accepted.

19.4 In the case of regulatory gaps in these General Terms and Conditions of

Business, the applicable legal regulations.

20 Further which is still to be recorded and must be classified

20.1 The room rate includes a cleaning and towl change for a stay of 1 week

rooms in the middle of the week. On request, additional cleaning can be


20.2 The times of the use of the seminar hall and the platform under the

trees are the responsibility of the decision of BER, which will, of course, try

to meet all needs as far as possible. Has precedence the program and the

daily routine of BER.

20.3 The free participation of a BER employee in a seminar program is

provided by the organizer provided that there is an important reason or

other written agreement which excludes this.

Effective Date: January 2017