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Balaiana Eco Retreat Sardinia S.R.L.
Via Sardegna 4a, 07020 Luogosanto
Tel: +39 3664587362 (auch whats app)
Design und Entwicklung Martin Svitek
USt-IdNr/P.IVA IT 02694460904
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TERMS AND CONDITIONS of BALAIANA ECO RETREAT SARDINIA S.R.L
Stand Januar 2017
§ 1 Scope of application
These General Terms and Conditions of BALAIANA ECO RETREAT SARDINIA S.R.L . (hereinafter referred
to as „BEC“) apply to all services provided by the BEC to their hotel guests and contract partners.
§ 2 Definitions of terms
2.1 »Contractor« means either a natural or legal person, as well as an unincorporated association and a partnership that includes an accommodation contract with the BEC.
2.2 „»Guest« means any natural person who uses accommodation or other services of the hotel industry on part of the BEC on the basis of a contract with the contractual partner or with the BEC itself
2.3 »Accommodation contract« means any contract between the BEC and a contracting party regarding the exchange of services between a guest and the BEC.
§ 3 Conclusion of Contract, Advance Payment
3.1 The accommodation contract is concluded by the BEC by accepting the appointment of the contracting party.
3.2 The BEC is entitled to conclude the accommodation agreement only on the condition that the contracting party makes a down payment, if necessary also in several, staggered payments in time. In this case, the BEC is obliged to notify the contractual partner of the required deposit before accepting the written or oral appointment of the contract partner. If the contracting party agrees to the down payment (in writing or verbally), the accommodation contract is concluded with the consent of the consignor regarding payment of the down payment of the contract partner at BEC.
3.3 The contractual partner is obligated to pay the deposit in due time in accordance with the concluded contract of accommodation. In this respect, the date of receipt of the money in the cash register or on the account of the BEC shall apply. The cost of the money transaction (e.g., transfer charges) is borne by the contracting party. 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 fee. The first payment of 500, – is not refundable in the event of a withdrawal and is complied with according to the regulations under § 6.
3.5. The room reservation is made weekly from Saturday to Saturday, with a minimum stay of 7 nights. Unused overnight stays for late arrivals and / or early departures will be charged with 50% of the accommodation price if the room can not be sold elsewhere.
Eine frühere Anreise und/oder spätere Abreise bestätigen wir kurzfristig – ca. 2 Wochen vorab – bei entsprechender Verfügbarkeit von Zimmern.
§ 4 Receipt of will declarations
4.1 All, including those electronically transmitted declarations relating to the conclusion, execution and termination of a contract of accommodation shall only be deemed to have been received if the party for which they are designated can take notice of them under normal circumstances.
4.2 The possibility of acquiring § 4.1 is, subject to the provisions of § 4.3, fulfilled in the case of electronic transmission as soon as the declaration has been received on a receiving device or server of the declaration recipient.
4.3 The date of receipt shall be the actual date of receipt of the declaration only if the declaration is received by 18:00 one day, otherwise the following working day (ie except Sundays and holidays) shall be deemed to be the date of receipt. The time of receipt of an explanation shall always be the official time at the location of the declaration recipient. The relevant time of receipt of an electronically transmitted declaration of intent is the automatically recorded reception time by the receiving device.
§ 5 Beginning and end of accommodation
5.1 The contracting party has the right, unless the BEC offers another reference period and the contractual
partner accepts this, to enter the rented rooms from 2 pm of the agreed day (»arrival day«).
5.2 If a room is occupied for the first time before 8.00 am, the previous night is the first night.
5.3 The rented rooms are to be released by the contracting party on the day of departure up to the respectively announced time. The BEC is entitled to charge another day if the rented rooms are not released within the time limit.
§ 6 Withdrawal from the accommodation contract; Cancellation fee; Withdrawal by the BEC
6.1 If the accommodation agreement provides for a down payment, if necessary also in the form of several partial staggered partial services, and if the advance payment has not been made by the contract partner within the deadline, the BEC may withdraw from the accommodation contract without a deadline.
6.2 If the guest does not appear until 7.00 pm of the agreed arrival day, there is no accommodation requirement for this day, unless a later arrival date has been agreed.
6.3 If the contractual partner has paid a down payment (see § 3.3), the premises are reserved until 2 pm on the day following the agreed arrival day. In the case of prepayment of more than four days, the accommodation obligation ends from 6 pm on the fourth day, the day of arrival being counted as the first day, unless the guest announces a later day of arrival.
6.4 3 months before the agreed date of arrival of the contracting party, the accommodation contract may be terminated by the BEC for reasons reasonably justified by means of a unilateral declaration, unless otherwise agreed. A factually justified reason is, in particular, the foreseeable impossibility of lodging as a result of objective technical, legal or other physical circumstances beyond the BEC‘s control.
Withdrawal / Cancellation by the contracting party – Non-refundable deposit / processing fee / cancellation fee
6.5 Unilateral declaration by the contracting party can terminate the accommodation agreement.
The withdrawal must be in writen form. In the case of cancellation, cancellation fees will be charged, which are calculated as follows:
Cancelation from time of contract signing up to 3 month before arrival:
Cancelation fee of 500,-€ which is the non refundable
Cancelations up to the 31th day before arrival day:
30% of the total contracted rate
Cancelations up to the 30th and 8th day before arrival:
50% of the total contracted rate
Cancelations up from the 7th day before arrival:
70% of the total contracted rate
§ 7 Stellung einer Ersatzunterkunft
7.1 The BEC 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 negligible and factually justified.
7.2 A factual justification is given, for example, if the space (rooms) has become unusable for unforeseen reasons, already quartered guests extend their stay, an overbooking or other important operational measures necessitate this step.
7.3 All extra charges for the spare parts shall be borne by the BEC.
§ 8 Rights of the guest
8.1 By concluding an accommodation agreement, the guest acquires the right to the usual use of rented rooms, the facilities and services of the hotel, in particular meals and beverages (excluding alcoholic beverages), in the usual manner and without special conditions, as well as on the usual service in the hotel.
8.2 As far as services are considered to be paid, the guest has to pay these separately at the end of his / her stay. Insofar as the consumption of such services, in particular of beverages, is possible by means of self-service, the guest has to note the services consumed by him immediately after the removal from the storage cabinets etc. in the corresponding lists for the purpose of later settlement.
§ 9 Obligations of the contract partner or the guest
9.1 The contractual partner or the guest is obligated, at the time of arrival, to pay the agreed remuneration. And / or the accompanying guests, plus legal consumption tax. Plus any additional amounts, which are due to the separate use of the service by him (those have to be paid at the end of the stay)
9.2 The BEC is not obliged to accept foreign currencies. If the BEC accepts foreign currencies, these are, as far as possible, taken into payment at the day‘s rate. Should the BEC accept foreign currencies or cashless payments, the Guest will bear all related costs, such as inquiries with credit card companies, exchange or collection fees, etc.
9.3 The contractual partner shall be liable to the BEC for any damage which he or a guest or other person who is connected with the contract partner and who, with the knowledge or willingness of the contract partner, make use of the services of the BEC.
9.4 The contractual partner or guest has to settle his separate consumption according to the terms of the contract. § 8.2 immediately. His contradiction with the correctness of the consumption recorded on his name, § 8.2 and special services acc. § 11.2 is only possible until the end of his stay at the hotel. The retention of remunerations for the separate consumption is only permissible on the part of the guest or contract partner to the extent that he has reasonably justified his objection to the correctness of the settlement.
§ 10 Rights of the BEC
10.1 If the contracting party refuses to pay the contractually agreed fee, including the fee for separate consumption according to the terms of the contract, § 8.2 or special services according to § 11.2, or if he is in arrears, the BEC shall be entitled to the right of retention as well as the statutory right of lien on the goods contracted by the contractual partner or by the guest. This right of retention or lien is also upheld by BEC in order to secure its claim under the accommodation agreement, in particular for food and other expenses incurred for the contracting party, as well as for any claims for compensation of any kind.
10.2 If a hotel service not included in the standard services is required in the guest‘s room or at exceptional times of the day (after 8 pm and 6 am), the BEC shall be entitled to demand a special charge. This special fee shall be communicated to the contractual partner when ordering the service. BEC can also refuse these services for operational reasons.10.3 Der BEC steht das Recht auf jederzeitige Abrechnung bzw. Zwischenabrechnung seiner Leistung zu.
§ 11 Pflichten der BEC
11.1 The BEC is obliged to provide the agreed services in accordance with their hotel standards.
11.2 Special services of the BEC, which are not included in the accommodation charge, are in addition to those acc.
§ 8.2 also include accommodation which does not belong to the standard services of the hotel. This includes, in particular, transport services to and from the hotel on the sea or by land, but also on behalf of the contract partner outside the hotel business by hotel staff.
§ 12 Liability of the BEC for damage to the goods
12.1 The BEC is liable only to the extent stipulated by law for the goods entered by the contractual partner. BEC‘s liability shall be borne only if the items of the BEC or the employees authorized by the BEC have been handed over to them or transferred to a place designated or designated by them. If the contracting party or the guest does not immediately comply with the BEC‘s request to place his belongings in a special place of storage, the BEC shall be exempt from all liability.
12.2 BEC shall only be liable for the loss of money, jewelery and valuables, provided that, in the knowledge of their nature, they have been handed over to the authorized hotel staff for safe storage and are lost during the course of such storage. The BEC may refuse the safekeeping of money, jewelery and valuables if it is much more valuable than its guests usually keep in custody.
12.3 In any case, the liability is excluded if the contractual partner and / or guest does not immediately notify the BEC of the damage incurred as of knowledge.
§ 13 Limitations of liability
13.1 If the contractual partner is a consumer in the sense of German consumer protection law, the liability of BEC is excluded only for slight negligence, with the exception of personal injury.
13.2 If the contractual partner is not a consumer, BEC‘s liability for gross negligence is excluded. In this case the Contractor shall bear the burden of proof of the fault. Consequential damages, consequential damage or indirect damages as well as lost profits shall not be replaced.
§ 14 Animals
14.1 Pets are not allowed in the hotel.
§ 15 Extension of the accommodation
15.1 The contractor shall not be entitled to prolong his stay. If the contractor wishes to extend his / her stay in time, BEC can agree to the extension of the accommodation agreement. However, the BEC is not obliged to do so.
15.2 If, on the day of departure, the contracting partner can not leave the accommodation facility because unforeseeable, exceptional circumstances, in particular weather and its effects on air traffic, all absences are blocked or unusable extended. The accommodation charge for this period is void, provided that the contract partner or guest can not leave the hotel for reasons that BEC is responsible for.
15.3 The BEC is for the additional accommodation time acc. § 15.2 entitled to demand at least the charge corresponding to the customary offset price in the off-season..
15.4 The BEC‘s entitlement to compensation for the additional period of acc. § 15.2 shall be reduced to the extent that the contracting party is obliged to offer the services offered by the accommodation company, e.g. Due to the exceptional weather conditions, can not be fully utilized.
§ 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 contracting party leaves prematurely, BEC is entitled to demand the full agreed remuneration. The BEC will deduct what it has spared as a result of the non-use of its services or what has been obtained through the other rented premises. A saving is only available if the accommodation company is not at the time of the non – utilization of the
(A) makes a significant detrimental use of the premises or, by his reckless, offensive or otherwise grossly improper conduct, opposes the cohabitation of the other guests, the owner, the employees of the house or the third party living in the accommodation establishment; Threatened action against property, morality or physical security;
(B) is infected or otherwise nursed by an infectious disease or disease that goes beyond the period of stay;
(C) the invoices submitted are not paid at maturity within a reasonable period (2 days).
16.6 If the fulfillment of the contract becomes impossible due to an event to be regarded as force majeure (eg elementary events, strikes, lock-outs, official orders, etc.), BEC can terminate the accommodation contract at any time without observance of a notice period, Or BEC is exempted from its obligation of accommodation for other reasons. Any claims for damages, etc. of the contracting party shall be excluded.
§ 17 Illness or death of the guest
17.1 If a guest experiences a disturbance during his / her stay in the hotel, BEC will provide medical assistance. If danger is in default, BEC will also arrange the medical care without a special request from the guest, especially if this is necessary and the guest is not in a position to do so himself.
17.2 As long as the guest is not in a position to make decisions or the guests‘ relatives can not be contacted, BEC will provide medical treatment at the expense of the guest. However, these measures will end at the time when the guest can make decisions or the relatives have been informed of the illness.
17.3 BEC shall have compensation claims against the contractual partner and the guest or, in the case of death, against their legal successors, in particular for the following costs:
(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 the thorough cleaning of these items,
(D) restoration of walls, furnishings, carpets, etc. so far as these have been contaminated or damaged in connection with the disease or death,
(E) room rental, as far as the guest‘s room is occupied, plus any days of the unavailability of the rooms due to disinfection, evacuation, etc.,
(F) any other damages that may incurred by the BEC
§ 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, Italy
18.2 These General Terms and Conditions and all contracts based on them shall be governed by Italian law, excluding the rules of the United Nations Convention on Contracts for the International Sale of Goods.
18.3 Jurisdiction in all disputes relating to contracts based on these General Terms and Conditions shall be subject to the jurisdiction of the Italian court
§ 19 Miscellaneous
19.1 Unless the above provisions provide for anything special, the period begins with the service of the document ordering the time-limit to the parties to the contract, which must keep the time-limit. When calculating a deadline, which is determined by days, the day is not counted where the event occurs that triggers the beginning of the term. Weekly or month-specific dates refer to those days of the week or month, which by its designation or number corresponds to the day from which the time limit is to run. If this day is missing in the month, the last day of the month is decisive.
19.2 Declarations must have been sent to the other Contracting Party on the last day of the deadline (9 pm).
19.3 BEC shall be entitled to set off its own claims against the account of the contracting party. The contractual partner is not entitled to set off his own claims against BEC‘s claims, unless BEC is insolvent or the claim of the contract partner is judicially recognized or recognized by BEC.
19.4 In the case of regulatory gaps in these general terms and conditions, the applicable legal provisions apply.
Stand: Januar 2017