General terms and conditions of sale and services of the tourist accommodation “Acquavita” (hereinafter: “structure”) located in 30121 Venice, Cannaregio 4852, Venice Central SML di Paduano Nello SAS, Castello 6401/02, 30122 Venice (VE) /Italy.
Terms and conditions
Before proceeding with the request for services, users declare that these services are booked for personal purposes. As consumers, users have specific rights, which however may be called into question in the event that the booked services are used in the context of commercial, industrial, corporate, professional or agricultural activities. All information available on the Website and in the Mobile Services for booking services is provided in the available languages. Users declare that they have full legal power to accept the these general conditions. The acceptance of these terms and these general conditions of sale and services provided (hereinafter T&C) by the user is expressed at the end of the booking procedure through this site or the third party site. Alternatively, acceptance occurs with the signing of the check-in list and/or the short-term rental. Users have the right to save these T&Cs using the standard functions available in the browser or on the computer in use. Information provided on the site
The Website and Mobile Services allow users to book rooms at the facility. The user declares to have received from the facility all the necessary information on the Website or on the Mobile Services to be able to make a decision regarding a possible booking. All reservations made through the Website or the Mobile Services presuppose the consultation and complete and unreserved acceptance of these T&Cs. The following information is available on the Website and in the Mobile Services: The relevant information relating to the structure. The services offered and the main amenities of the proposed rooms (it is possible to consult the sheets relating to the rooms before booking).Availability and prices of the roomsPayment methods
Terms used in this document are defined as follows:
“acknowledgment of receipt”:
E-mail message sent to the user by the Website or the facility’s Mobile Services, in which a summary of the booking made by the user is provided and its receipt by the Website or the The property’s mobile services. For partner services, this is the email sent by the property to the user summarizing the booking made by the user through the service available on the Website or on the Partner Mobile Services and confirming receipt from part of the structure. “conditions of sale of the booked rate”: The specific conditions for each reservation made by the user, relating to the payment of the reservation and the possibility of modifying or canceling the reservation. “booking confirmation”: Virtual document in which the provided a summary of the services booked by the user on the Website or through the Mobile Services and the indication, where possible, of the credit card number used by the user to make the advance payment or provided as a guarantee. Acceptance of the booking confirmation contractually binds the customer.
Any natural person acting for purposes which are not within the scope of his commercial, industrial, business, professional or agricultural activity. “e-mail”: Any message containing text, voice, sound or images, sent by a public communications network and stored on a network server or in the recipient’s workstation until it is retrieved by said recipient. “reservation request”: Request to book the property’s room submitted by the user via the Website or the Mobile services “online booking”: Booking of rooms of the property made through a virtual booking form available on the Website or through the Mobile Services of the property or its partners. “service”: Booking of rooms of the property whose main characteristics are presented on the Website or in the mobile Services of the establishment. “partner service”: Booking of rooms of the establishment whose main characteristics are presented in the advertisements available on the Website, on the Mobile Services and/or through other partner tools, in particular the so-called sites booking.“Mobile services”:All services and protocols that allow the connection of mobile terminals to the Internet and, in particular, the consultation and booking of hotel services provided by the facility.“Website”:Electronic service managed by the facility.
These T&Cs define the rights and obligations of the parties in relation to the remote booking of the services offered by the property and its partners via the Website and the Mobile Services. These T&Cs apply to all booking operations, as well as to the subsequent stages, which involve the contracting parties. Users confirm by having made a reservation that they have understood and accepted these T&Cs available on the Website and in the Mobile Services.
4 SCOPE OF APPLICATION
These T&Cs apply to all bookings made by telephone, by email, through any application, in person at the property, on the Internet, through the Website or Mobile Services of the property or otherwise, and its partners. For simplicity, reference will be made below to the website which will include all bookings made directly or indirectly through partners.
These terms and conditions of sale apply for as long as the services offered by the facility and its partners are available on the Website or via the Mobile Services. The facility reserves the right to block access , temporarily or permanently and without notice, to the Website and/or the Mobile Services or the online booking space.
6 OPPONABILITY TO THE TERMS AND CONDITIONS
In any case, the version of the T&Cs binding on the user is the one in force at the time of booking on the Websites or Mobile Services.
Users choose the services presented on the Website or through the mobile services of the facility or its partners. Users confirm that they know the nature, purpose and methods of booking the services available on the Website and in the mobile services of the facility. or its partners and to have requested and obtained the necessary and/or additional information essential to make the booking with full knowledge of the facts. Users can book, individually and for personal needs, a maximum number of three (3) rooms for booking on the Website. Users are exclusively responsible for the choice of services and their suitability for their needs; the structure assumes no responsibility in this regard. Completion of the booking process implies acceptance by the customer of the booking itself.
8 BOOKING PROCEDURE
Reservations are made by users through a virtual booking form, available online on the Website or through the mobile services of the property or partners. Users confirm the truthfulness and accuracy of the information provided. The process booking process includes the following main phases: Phase 1: Selection of an arrival date (check-in date) and departure date (check-out date); Phase 2: Selection, where necessary, of one or more typologies of room; Phase 3: Selection of the number of guests (including minors) and rooms Phase 4: Checking the booking details and the price per day / per room / total; Phase 5: Entering the customer data and other requested data and of the details relating to the credit cardStep 6: Verification and acceptance of the T&Cs before confirming the booking.Step 7: Confirmation of the booking by the customer.The booking is considered valid and confirmed when the property manages to pre- authorise or charge the entire amount of the reservation to the credit card provided by the user or when the user has made the payment independently via a payment link or QR code provided by the property. If the credit card provided by the user during the booking procedure is found to be invalid (inaccessible, without credit, blocked, …. ) the property reserves the right to cancel the reservation immediately. Cancellation may also occur if the customer does not make the payment via the payment link or QR code provided by the property within 24 hours of receiving the link or QR code.
8.2 PARTNER SERVICES
Reservations are made by users through partner services, through a virtual booking form, available online on the Website or through the mobile services of the individual partners. The reservation is considered valid and confirmed when the structure manages to pre- order -authorize or charge the entire amount of the reservation to the credit card provided by the user or when the user has made the payment independently via a payment link or QR code provided by the property. If the credit card provided by the user during the booking procedure is found to be invalid (inaccessible, without credit, blocked, …. ) the property reserves the right to cancel the reservation immediately. Cancellation may also occur if the customer does not make the payment via the payment link or QR code provided by the property within 24 hours of receiving the link or QR code.
Before making any reservation, users undertake to provide all the information requested in the booking form or request. Users confirm the truthfulness and accuracy of the information provided.
The booking process includes the main stages specified by the partner.
8.3 EXPLICIT CONDITIONS OF THE BOOKING MADE The structure reserves the right to correct prices that are obviously incorrect, i.e. prices that are lower in total than €30 per person per night. In this case the price will be changed to the minimum price of €30 per person per night. All reservations are for the personal use of the user who made the reservation. Reservations are personal and cannot under any circumstances be transferred to third parties, either free of charge or for a fee or for commercial purposes. In case of non-compliance, the reservation will be considered canceled and the structure will have the right to retain the amount already collected and to resell the room without the user being entitled to any refund. The user who has booked a room can stay with a number of other guests which does not exceed in total the number of people booked. All reservations made directly (by telephone, via the site, by email, via application or personally) with the structure are – unless explicitly agreed otherwise in writing – to be considered “non-refundable” reservations, i.e. the amount of the reservation is due in any case and no refund will be granted in case of cancellation, modification or no-show. Reservations made directly with our facility cannot be modified by the user/customer The user cannot request a specific room but only a room with the characteristics (services and amenities) booked. The structure reserves the right to accommodate the user for the entire duration of the stay or only for part of a structure adequate and equivalent to the same conditions in the event that the room in the booked facility is not available for any reason (due to work, high number of bookings, …). By booking at the facility the user explicitly accepts this condition and will have no right to request a refund should he/she not accept any of the alternative proposals submitted by the facility. If the facility is unable to offer the booked user an alternative facility, the user will be refunded the entire amount already paid in advance. Check-in, i.e. registration at the facility as a guest, delivery of the keys and payment of all amounts due must be made on the day of arrival in the time slot indicated by the facility in the “Rates and Reservations” section. Booked users must notify the facility 72 hours in advance of the expected check-in time which must in any case fall within the time slot determined by the structure. Users who intend to check in early or late are required to check the availability of the service (special request) at the structure before booking and any costs. outside the scheduled times are considered special requests, are not guaranteed and are subject to availability upon arrival and must in any case be communicated to the property 72 hours in advance. The property reserves the right to accept or refuse early or late check-ins. Customers who fail to show up during the official check-in time on the day of arrival will be considered a no-show. In case of no-show the customer’s reservation will be canceled and the customer will have no right to be refunded. In case of no-show the property has the right to resell the room and to collect and retain the entire amount of the reservation. (see art 1453 cc). The price paid by the customer (deposit) is to be considered in this case a penitential deposit for non-fulfilment of the obligations undertaken. In case of cancellation of the reservation, the structure has the right to resell the room and to collect and retain the entire amount of the reservation . (see art 1453 cc). The price paid by the customer (deposit) is to be considered in this case a penitential deposit for non-fulfilment of the obligations undertaken. In the event of a change to the booking, the structure has the right to resell the room and to collect and retain the entire amount of the booking . (see art 1453 cc). The price paid by the customer (deposit) is to be considered in this case a penitential deposit for non-fulfilment of the obligations undertaken. Modification of the reservation by the customer is excluded.
Check-in takes place at the location communicated to the user for check -in and key collection. If the user asks to check in and hand over the keys in a place other than the one agreed upon, a supplement will have to be paid (special request).
All reservations are only considered confirmed if the user has provided a valid credit card, i.e. a credit card that can guarantee the reservation through a pre-authorization or the payment of the entire amount of the reservation or if the payment has been made within 24 hours after booking via alternative payment methods accepted by the property. The property reserves the right to request advance payment of the entire or partial amount of the reservation via a secure payment link, i.e. a link that directs the customer to the site of a bank with which the structure collaborates. On the facility’s bank website the customer will be able to pay for the stay or part of it by choosing different options offered by the bank ( e.g. credit card, bank transfer, PayPal, …). If the customer who has received a payment link does not make the payment within the established limits (usually 24 hours), the property reserves the right to cancel the reservation.
The property reserves the right to use as a guarantee the data of a credit card provided by the user during the booking procedure, through other sites or in the past for previous reservations. The user who makes the reservation guarantees that it is the legitimate owner of the credit card provided or who has been authorized by the legitimate owner to use the credit card provided. The user who made the booking authorizes, in derogation from the provisions of the SCA (Strong customer authorization ) the structure to access the credit or debit card provided to charge the price of the stay.
The property reserves the right to pre -authorize or deduct the full or partial amount of the reservation at any time after receipt of the reservation.
The property reserves the right to pre -authorize or deduct a damage deposit of at least €150 upon check-in on a credit card provided by the user. The amount will be released within 20 days after the customer’s checkout (departure), after checking for damage in the customer’s room. In the event of ascertainment of damage attributable to the guest, the property reserves the right to withhold the amount or a greater amount in order to pay for the repair/restoration of the damage. If the user does not intend to leave the “damage” deposit, it will not be possible to check in and the amount of the stay will be withheld as a penalty. (see art 1453 cc)
When registering at the facility, the user who made the booking must be present together with the other booked guests and a copy of the booking must be shown. All guests must show the booking confirmation at check-in , a valid identity document (identity card or passport) and a valid credit card.The actual number of customers cannot exceed the number of people booked.Each customer requires a bed space, including children (> 0 months/greater than 0 months).The user must confirm the validity of his reservation at least 48 hours before the arrival date otherwise the property reserves the right to cancel the reservation and resell the room.The user will receive during the stay all services and amenities booked and included in your rate. Services and amenities requested by you during your stay that are not included in the booked rate are considered special requests, are subject to availability and involve a supplement based on the price list in force. The user is required to ask for the price of the services and equipment requested which are not included in the chosen tariff before using any service. If the user does not request these prices in advance, the prices in the official price list in force will be applied. Breakfast, towels, sheets, air conditioning and WIFI are not included in any rate and must always be paid separately based on the price list. If the user leaves the property without having paid for all the services and amenities consumed, the amounts due will be charged to the credit card provided by the guests after their departure.
The prices displayed on the site include VAT. The municipal tourist tax (http://www.comune.venezia.it/flex/cm/pages/ServeBLOB.php/L/IT/IDPagina/48002) is not included in the price displayed on the site for the rooms and is to be paid in cash upon arrival. The structure reserves the right to request advance payment of all sums due. The user grants the structure in the event of “problems” (by way of example and not exhaustive: malfunctions or unavailability of a booked service and/or equipment, insect infestation, floods, …) attributable to the management of the facility (it is up to the user to demonstrate that the problem is attributable to the management of the facility) 48 hours for resolution of the problem without asking for any refund – even partial. In the event of problems attributable to the management of the facility, the user has the right to ask for an alternative room (even in a different facility). The facility undertakes to transfer the user after max. 48 hours in another room (even in another facility) if the problem still persists. If the user interrupts their stay before the 48 hours have passed or does not accept the transfer to another room/facility, they will not be entitled to any refund – not even partial. If, however, the problem is attributable to the user or if the responsibility is not clear or demonstrable, the user accepts that the problem will be resolved within a reasonable time (within a maximum of 72 hours) without the user having the right to a transfer or refund . If the user interrupts the stay before 72 hours, he has no right to be refunded. The user accepts that the stay in the structure is limited to a maximum stay of 30 days. The user accepts that the credit card provided may charged as part of the booking by the property and/or persons authorized by the property. The user accepts that all amounts due may be charged in any currency chosen by the property. The user confirms with his signature on the check.in-list / short rental contract which at check-in has verified that the room is equipped with all the amenities and services booked, that the room is free of damage or malfunctioning/defective systems, that the room is not infested with insects of any kind , that the room and bathrooms are clean and that he received the keys.
The structure irrevocably undertakes in the event that the structure were to cancel the customer’s reservation after the payment of the stay and the confirmation of the stay, to return to the customer double the penitential deposit already paid as required by current laws.
9 NOTICE OF RECEIPT OF RESERVATION
The Website and Mobile Services of the property or its partners give immediate confirmation of the customer’s booking receipt via an email sent to the email address previously specified by the user.
In the case of a valid reservation, i.e. guaranteed by a valid credit card, the acknowledgment of receipt of the reservation sent via e-mail to the user contains a summary of the offer which is the subject of the contract, the prices, the conditions of sale applicable to the rate selected and accepted by the user, the booking date, check-in times, check-in location, number of guests booked and any other information.
10 CUSTOMER SERVICE
Customer Service is available to manage any complaints relating to the property’s reservations. Users are asked to use the contact details or the form provided in the contact section for complaints.
11 CANCELLATION OR MODIFICATION OF THE RESERVATION BY THE CUSTOMER
All reservations made directly with the structure (via website, email, fax, telephone, personally, presentation at the structure, applications or other forms of booking) are non-modifiable and non-refundable . In case of cancellation there will be no refund. The sums paid in advance as a deposit will not be refunded.
For bookings made through third-party or partner sites (booking sites, agencies, ….), the cancellation policies agreed with the partners relating to the rate chosen by the user apply. In the event of early termination of the stay by the customer, the full amount of the agreed stay will be charged and the user will have no right to a refund for any reason. The user who shows up after the cancellation of his reservation due to failure to show up on the contractually established check-in day will not has no more right to take advantage of the canceled reservation in full compliance with the provisions of article 1453 of the Italian civil code. In this case, the user can stay as a direct customer by paying for the service, this is a new and direct booking with the structure. Under no circumstances can the price paid for the canceled reservation be paid with the price to be paid upon arrival. The new price of the stay is determined by the structure based on availability and economic evaluations. It remains at the discretion of the facility to decide whether to accept the customer’s request to host him.
12 REGULATIONS FOR STAYING IN THE STRUCTURE
Check-in, i.e. registration with the facility, must be carried out on the booked day of arrival in the time slot indicated by the facility. Pursuant to current regulations (TULPS), upon arrival in structure users will be asked for the data necessary to fill out a public safety form which will be transmitted electronically to the State Police. For this purpose, users must show a valid identity document so that it is possible to proceed with the appropriate checks that will allow them to complete this form. If one or more customers do not have the necessary documents, it will not be possible to check in. In this case, the user will still have to pay the entire amount of the reservation and will have no right to be refunded.
Users accept and undertake to use the room with the diligence of a good father of a family. Therefore, any behavior contrary to morality and public order will give the facility the right to demand that the user leave the facility, without this giving rise to any compensation and/or refund. If the user has not yet made the payment, he will be required to pay the price of all the nights booked, including those not used before leaving the facility. Users accept and undertake to comply with their signature on the check-in list the aforementioned regulation. In case of failure by the customer to comply with one of the provisions of said internal regulation, the structure will have the right to demand that the user leave the structure, without this giving rise to any compensation and/or reimbursement, if the payment is has already been carried out.Unless expressly provided otherwise, guests will be able to stay in the booked room from the check-in deadline onwards on the day of arrival until 10am on the day of departure.Unless expressly provided otherwise, guests they are required to vacate the room by 10.00 on the last day of the reservation (departure day). In case of non-compliance, an additional night will be charged. Furthermore, the user will be charged for any additional expenses that the structure will have to bear in order to move the guests booked into the room occupied after 10 am in an alternative solution (administrative costs, price difference, any penalties to be paid to the partner site, ….).During the booked stay the structure assumes no responsibility for the loss, including theft, of valuable objects which must in any case be handed over to the reception upon check-in. The structure does not have any continuous surveillance and therefore users are required to keep valuable objects with them at all times. The structure does not have any guarded and monitored luggage storage therefore it is not possible to deposit luggage before and after departure. If the customer decides to leave the luggage in a publicly accessible area of the facility before or after departure. You exonerate the facility from any responsibility relating to the safety of the baggage and accept that the facility is not liable for any damage, theft, loss or other event that may occur while the baggage is stored in the unattended area.
Users are not allowed to consume food and/or drinks in the rooms. Food and drinks can only be consumed in the respective areas (kitchen, lounge) if available. It is not permitted to consume breakfast outside the breakfast room. The property is a non-smoking facility and smoking is prohibited in the rooms or common areas. In case of non-compliance, the structure reserves the right to charge the user for all costs caused by the non-compliance (adequate cleaning of the room and all fabrics, relocation of booked users to clean rooms, …). The minimum cost of such non-compliance is €500 per night. Customers who intend to book more than three rooms must first ask for the explicit consent of the structure by providing all the relevant information to be able to make a decision (number and age of guests, …). Do not it is allowed to bring and host people in the structure who are not booked as customers. Only booked people can be accommodated in the rooms. Animals are not allowed in the structure. Users are required not to disturb the neighbourhood. Users cannot use the courtyards, the small squares or fields adjacent to the structure which are not part of the structure. The guest undertakes to reimburse all damages caused directly or indirectly to the structure during his stay and to pay all possible penalties or compensation. The guest is required to return the keys delivered at check-in to the facility on the day of departure by 10 am. Guests undertake to comply with all national laws and municipal provisions. The guest agrees to pay the facility a minimum supplement of €100 for: check-in outside the official check-in times; check-in at places other than those established by the structure and accepted by the guest; the use of linen (sheets and towels), air conditioning, WIFI; each person hosted in the room that exceeds the number of people booked; for the shipment of lost items; for the use of services or amenities not included in the chosen rate and for special requests. The guest agrees to pay the facility a penalty of at least €100 in the case of: damage caused to the structure, the furnishings, the systems (including TV), the decorations, the rooms, the linen provided; failure to comply with the rules of the structure; loss or late delivery of the keys provided; disposal of external waste in the room (boxes, suitcases , clothing, electronic devices, food and drink leftovers, …); preparation of food in the room (including the use of electric or gas stoves).
13.1 GENERAL INFORMATION
The photographs published on the Website and on the Mobile Services of the facility or its partners are purely indicative. Although every effort is made to ensure that the photographs, graphic representations and texts used to illustrate the structure reflect the proposed offer as faithfully as possible, the user may encounter differences due, for example, to any renovations or replacements of furniture. the structure assumes no responsibility for the failure or incorrect execution of the reservation in cases of force majeure or for reasons attributable to unforeseeable or insurmountable actions of third parties or users, such as the unavailability of the Internet connection, the inability to access the Site Web, external intrusions, computer viruses or failure to authorize the advance payment by the credit card holder’s bank.
It is possible that on the Website or in the Mobile Services of the structure there are hyperlinks that refer to third party sites. The property declines any responsibility regarding the content of these sites or the services offered on them. Any reservations or payments deemed irregular, ineffective, incomplete or fraudulent for reasons attributable to the user will result in the cancellation of the reservation at the customer’s expense, without prejudice to any civil or criminal action that may be brought against the customer.
13.2 PARTNER SERVICES
In addition to the previous provisions, it is underlined that partners are responsible for promoting the offers published on their website, in their mobile services and/or through any other means of accessing the website and/or mobile services.
Complaints relating to the failure or incorrect execution of the services offered, to facilitate processing, must be communicated in writing (via email) to the facility, no later than seven days from the date of departure of the customer from the facility. The customer must provide all the objective evidence to support the complaint at the same time as the complaint, otherwise it will not be possible to process the complaint .
The prices relating to the booking of services are indicated before and during the booking itself. The prices indicated are per room, for the number of people and for the dates selected. The prices confirmed to the user include all applicable taxes ( excluding the Venice municipal tourist tax) and are expressed in the commercial currency of the structure. Their validity is limited to the duration indicated on the Website or on the Mobile Services. If payment is made in a currency other than the one confirmed at the time of booking, the charges for exchange operations are borne by the customer. Unless otherwise indicated on the Website or via Mobile Services, additional services (breakfast, half board, full board, etc.) are not included in the price. Unless otherwise indicated via Mobile Services, breakfast is not included in the price. The tourist tax, specified on the rates page, must be paid directly to the property at check-in in cash. Prices include current VAT on the date on which the booking is made and, if the VAT rate were to change, the price applied to the user will automatically be adjusted to reflect the tax regime in force on the invoicing date. Any change in the tax regime or the introduction of new legal or regulatory taxes by the competent authorities will result in the automatic adjustment of the prices indicated on the invoice date. The conversion into foreign currency is provided purely as an indication and has no contractual value. Only the currency confirmed at the time of booking is guaranteed (if the currency is different from the one used by the property, any charges for exchange operations will remain the responsibility of the customer). If a rate requires payment at the property at the time of arrival or departure, and in the event that the customer’s currency is not the same as that of the structure, it is possible that the rate charged by the structure is different from that communicated at the time of booking, due to possible variations in the exchange rate which occurred between the booking date and the dates of the actual stay at the facility. Some promotional offers available on the Internet are sold exclusively online, or remotely, and cannot be requested in any way at the facility’s reception.
The user communicates his bank details as a guarantee of the booking, subject to special conditions or rates, by credit or debit card (Visa, MasterCard, American Express and so on) depending on the structure chosen, indicating directly in the space designated for this purpose (data entry protected with SSL encryption) the card number without spaces between the digits, the expiry date and the card security code for payments made in advance via the platform chosen by the facility. The property may also require identification to prevent credit card fraud.
The payment is made directly at the property in cash at the beginning of the stay, except in the case of special conditions or rates that require payment to be made at the time of booking (online advance payment foreseen for certain rates). The advance payment acts as a “deposit”. If the fee is not paid in advance online, the property may require a deposit or credit card authorization from the user upon arrival at the property. This request serves to guarantee the payment of the amounts relating to the services provided. In case of no-show of the customer (without cancellation of the reservation), the structure will charge the user, as a penalty, an amount equal to the price of the entire stay on the credit card provided to guarantee the booking. The reservation of all other nights will be cancelled. At the time of prepayment, the total amount charged for the reservation includes: the price of accommodation excluding tourist tax and breakfast and other additional services. In case of tariffs which require advance payment online, the amount paid in advance, i.e. the deposit, will be charged at the time of booking. The user EXPLICITLY authorizes, in derogation of the provisions of the SCA (Strong Customer Authentication) regulation, the facility to charge or pre – authorize the booking amount to the credit/debit card provided during the booking stage.
17 PRESERVATION – ARCHIVING
The structure ensures the archiving of the written document confirming the conclusion of a contract from the moment of conclusion of the contract until the provision of the services, for a period of five (5) years, and guarantees access to that document at any time during that period. The contract documents will be stored in paper or electronic format.
18 APPLICABLE LAW
These general conditions are governed by Italian law, without in any way limiting the application of the mandatory protection provisions in force in the Customer’s country of residence. The competent court is the Court of Venice.
If one or more clauses of the terms and conditions of sale of the structure are deemed invalid or are considered as such pursuant to a law in force or a regulation, or following a final decision of a court with adequate jurisdiction, the remainder of the clauses maintains validity and scope of action.