Terms and Conditions of Agriturismo Villa Ustoma
§ 1 Scope of Application
(1) These terms and conditions apply to the rental as well as all other services provided to the guest by Agriturismo "Villa Ustoma."
§ 2 Definitions of Terms
2.1 Definitions of Terms:
"Host": A natural or legal person who accommodates guests for a fee.
"Guest": A natural person who uses the accommodation services. The guest is usually also the contracting party. The term "guest" also includes persons accompanying the contracting party (e.g., family members, friends, etc.). "Guest" also refers to a contracting party, whether a natural or legal person from within or outside the country, who enters into an accommodation agreement as a guest or on behalf of a guest.
"Accommodation Contract": The contract concluded between the host and the guest (contracting party), the details of which are further specified below.
§ 3 Conclusion of Contract – Deposit
3.1 The accommodation contract is concluded when the host accepts the guest's booking. Electronic declarations are considered received when the party for whom they are intended can access them under normal circumstances, and the receival occurs during the host's published business hours.
3.2 The host is entitled to conclude the accommodation contract on the condition that the guest makes a deposit. In this case, the host is obligated to inform the guest of the required deposit before accepting the guest's written or verbal order. If the guest agrees to the deposit (either in writing or verbally), the accommodation contract is concluded upon the host's receipt of the guest's consent to the payment of the deposit.
3.3 The guest is obligated to pay the deposit no later than 2 months (inclusive) before the accommodation. The guest bears the costs of the money transaction (e.g., transfer fees). The respective terms and conditions of the card companies apply for credit and debit cards.
3.4 The deposit is a partial payment of the agreed fee.
§ 4 Start and End of Accommodation
4.1 The guest has the right, unless the host offers a different check-in time, to occupy the rented rooms from 3:00 PM onwards on the agreed day ("arrival day").
4.2 If the villa is used for the first time before 6:00 AM, the previous night is considered the first overnight stay.
4.3 The rented rooms must be vacated by the contracting party on the day of departure no later than 11:00 AM. The host is entitled to charge an additional day's stay if the rented rooms, the associated property, and the pool are not vacated on time.
§ 5 Withdrawal from the Accommodation Contract – Cancellation Fee
Withdrawal of the host
5.1 If the deposit is not paid by the guest within the specified time, the host may withdraw from the accommodation contract without a grace period.
5.2 If the guest does not arrive by 8:00 PM on the agreed arrival day, there is no obligation to provide accommodation, unless a later arrival time was agreed upon in writing.
5.3 If the guest has made a deposit (see 3.3), the rooms remain reserved until no later than 12:00 PM on the day following the agreed arrival day. If a prepayment for more than four days has been made, the obligation to provide accommodation ends at 6:00 PM on the fourth day, with the arrival day counting as the first day, unless the guest announces a later arrival date.
5.4 The accommodation contract may be terminated by the host, without giving reasons, up to 2 months before the agreed arrival day of the guest, unless otherwise agreed, through a unilateral declaration.
Withdrawal by the Contracting Party – Cancellation Fee
5.5 The accommodation contract can be canceled by the guest through a unilateral declaration up to 2 months before the agreed arrival day without incurring a cancellation fee.
5.6 Outside the period specified in § 5.5, withdrawal through a unilateral declaration by the guest is only possible upon payment of the following cancellation fees:
– Up to 2 months before the arrival day > 50% of the total arrangement price
– Up to 3 months before the arrival day > 70% of the total arrangement price
– 7 days or less before the arrival day > 100% of the total arrangement price
Additional guests will be fully charged if no notification is made to the host (in writing via email) before the remaining payment for the stay is transferred.
Adding guests on a daily basis is not possible – the additional person surcharge, including the tourist tax, is due for the entire duration of the stay, regardless of the actual number of nights spent.
Delays in Arrival
5.7 If the contracting party is unable to arrive on the day of arrival due to unforeseeable extraordinary circumstances (e.g., heavy snowfall, flooding, border closures, accommodation bans imposed by the Italian government, etc.) that make all travel options impossible, the guest is not obligated to pay the agreed fee for the days of arrival.
This does not apply to travel warnings or classifications of our location/region/province/state as a risk area by foreign governments or authorities, as this does not constitute a travel ban and travel is generally possible. Any costs incurred due to government requirements for arrival (e.g., paid tests) are to be borne by the guest.
5.8 The obligation to pay the fee for the booked stay is reinstated once travel becomes possible again, if arrival becomes possible within three days.
§ 6 Provision of Replacement Accommodation in Case of Force Majeure
6.1 The host may provide the guest(s) with suitable replacement accommodation (of the same quality) if this is reasonable for the contracting party, especially if the deviation is minor and objectively justified.
6.2 An objective justification has to be given when, for example, the room(s) are or have become unusable or if other important operational measures necessitate this step.
6.3 Any additional costs for the replacement accommodation will not be covered by the host and must be paid by the contracting party.
6.4 The guest has no claim against the host for the provision of a replacement accommodation.
§ 7 Rights of the Guest (Contracting Party)
7.1 By concluding an accommodation contract, the guest acquires the right to the usual use of the rented rooms, the facilities of the accommodation establishment that are generally available to guests without special conditions, and the usual service. The guest(s) must exercise their rights in accordance with the house rules.
§ 8 Obligations of the Guest (Contracting Party)
8.1 The contracting party is obliged to pay the agreed fee, including statutory VAT, at the latest upon arrival. Any additional amounts incurred during the stay due to separate services used by the guest and/or accompanying guests must be paid in cash by the departure day, plus statutory VAT.
8.2 The host is not obligated to accept foreign currencies. If the host accepts foreign currencies, they will be exchanged at the daily rate, as far as possible. If the host accepts foreign currencies or cashless payment methods, the contracting party shall bear all associated costs, such as inquiries with credit card companies, telegrams, etc.
8.3 The guest (contracting party) is liable to the host for any damage caused by themselves or by other individuals who, with the knowledge or consent of the contracting party, receive services from the host.
8.4 The host provides free access to the in-house Wi-Fi. The host is not liable for any outages or disruptions caused by the provider. No price reduction will be granted for (even extended) Wi-Fi outages. The guest (contracting party) is responsible for protecting their devices with firewalls/antivirus software, etc., and the host accepts no liability for damages or data theft. Furthermore, the contracting party is reminded of the need for typical usage. In the event of excessive use, the host reserves the right to suspend the guest's usage rights.
§ 9 Rights of the Host
9.1 If the guest refuses to pay the agreed fee or is in arrears, the host has the legal right of retention and the statutory lien on the items brought by the contracting party or the guest. This right of retention or lien further serves to secure the host's claims arising from the accommodation contract, especially for meals, other expenses incurred on behalf of the contracting party, and any potential claims for damages of any kind.
9.2 The host has the right to settle the account or provide an interim settlement for their services at any time.
§ 10 Obligations of the Host
10.1 The host is obligated to provide the agreed-upon services to an extent that corresponds to their standard.
10.2 Special services subject to additional charges that are not included in the accommodation fee include, for example: special services of the accommodation that can be charged separately, such as providing breakfast, bread delivery service, additional cleaning, linen change, rental items, etc.
10.3 Any additional services booked (such as massages, excursions, horseback riding, or similar offerings) are provided by third-party providers. When the contract partner books additional services conducted by third parties through the host, the host is only responsible for the collection of payment, establishing contact, and possibly organizing appointments with the third-party providers. The host assumes no liability or warranty for these services. The host does not act as a tour operator and is not the point of contact for third-party services. The respective third-party provider is responsible for any liability issues or claims. The terms and conditions of the respective third-party provider apply.
§ 11 Haftung des Beherbergers für Schäden an eingebrachten Sachen
11.1 The host is liable for items brought by the contract partner in accordance with §1783 of the Italian Civil Code. The host's liability only applies if the items have been handed over to the provider or to the authorized personnel or brought to a designated place as instructed by them. If the provider is unable to provide evidence, they are liable for their own fault or the fault of their staff, as well as for the incoming and outgoing persons. According to §1784, the liability of the host is limited to the amount specified in the law governing the liability of innkeepers and other entrepreneurs, as amended. If the contract partner or guest does not immediately comply with the host's request to store their items at a designated storage location, the host is released from any liability. Any potential liability of the provider is limited to the coverage of their liability insurance. Fault on the part of the contract partner or guest is to be taken into account.
11.2 The liability of the host is excluded for minor negligence. If the guest (contract partner) is a business, liability is also excluded for gross negligence. In this case, the contract partner bears the burden of proof for the existence of fault. Consequential damages, indirect damages, and lost profits will not be compensated under any circumstances.
11.3 The host is only liable for valuables, money, and securities up to an amount of €150. The host is only liable for damages exceeding this amount if they have taken these items into custody with knowledge of their nature or if the damage was caused by the provider themselves or their staff. The liability limitations in sections 12.1 and 12.2 apply accordingly. It is further emphasized that the host does not have any storage facilities, and does not offer this service to the guest (contract partner). There are no room safes available in the accommodation.
11.4 The host may refuse the safekeeping of valuables, money, and securities if they are substantially more valuable than items typically entrusted to the host by guests.
11.5 In any case of entrusted safekeeping, liability is excluded if the guest does not immediately notify the host of the incurred damage upon becoming aware of it. Furthermore, these claims must be brought to court within three years of the guest or contract partner becoming aware of the damage or having the possibility of becoming aware; otherwise, the right will be forfeited.
§ 12 Liability Limitations
12.1 If the contract partner is a consumer, the liability of the host for slight negligence is excluded, except in cases of personal injury.
12.2 If the contract partner is an entrepreneur, the host's liability for both slight and gross negligence is excluded. In this case, the contract partner bears the burden of proof for the existence of fault. Consequential damages, immaterial damages, or indirect damages, as well as lost profits, will not be compensated. The damage to be compensated is, in any case, limited to the amount of the contractual interest.
§ 13 Animal Keeping
13.1 Animals may only be brought into the accommodation establishment with prior notice and approval from the host, and possibly against a special fee.
13.2 The contract partner who brings an animal is obliged to properly care for and supervise the animal during their stay, or to have it cared for and supervised by suitable third parties at their own expense.
13.3 The contract partner or guest who brings an animal must have appropriate animal liability insurance or private liability insurance that also covers potential damages caused by the animal. Proof of the corresponding insurance must be provided upon the request of the host. Any damages, however, must be paid directly to the host. The host will subsequently provide all relevant documents for the contract partner to submit to their insurance.
13.4 Provision
13.5 The contract partner must ensure that other guests or the neighborhood are not disturbed by noise (barking) or odor (feces and urine) beyond the usual extent. Furthermore, the contract partner must ensure that no danger is posed to other people or animals by the brought animals and must take appropriate protective measures (leash, muzzle, etc.).
§ 14 Extension of Accommodation
14.1 The contracting party has no entitlement to an extension of their stay. If the guest notifies their desire to extend the stay in a timely manner, the host may agree to extend the accommodation agreement. However, the host is under no obligation to do so.
14.2 If the guest(s) cannot leave the accommodation establishment on the day of departure due to unforeseeable extraordinary circumstances (e.g., extreme snowfall, flooding, etc.) that render all departure options blocked or unusable, the accommodation agreement will be automatically extended for the duration of the impossibility of departure. A reduction in the fee for this period is only possible if the contracting party is unable to fully utilize the services offered by the accommodation establishment due to the extraordinary weather conditions. The host is entitled to demand at least the fee corresponding to the regular off-season price.
§ 15 Termination of the Accommodation Agreement – Early Dissolution
15.1 If the accommodation agreement was concluded for a fixed term, it ends upon the expiration of that term.
15.2 If the contracting party departs prematurely, the host is entitled to demand the full agreed fee. The host will deduct any savings resulting from the non-utilization of their services or any income obtained from renting the reserved rooms to other guests. A saving is deemed to exist only if the accommodation establishment is fully booked at the time the guest does not utilize the reserved rooms and those rooms can be rented to other guests due to the contracting party's cancellation. The burden of proof for the savings lies with the contracting party.
15.3 The contract with the host terminates upon the death of a guest.
15.4 If the accommodation agreement was concluded for an indefinite period, either party may terminate the agreement by 9:00 AM on the third day prior to the intended end of the contract.
15.5 The host is entitled to terminate the accommodation agreement with immediate effect for good cause, particularly if the contracting party or the guest:
a) makes significantly detrimental use of the premises or, through reckless, offensive, or otherwise grossly improper behavior, spoils the coexistence for other guests, the owner, the owner’s staff, the neighborhood, or other persons residing in the accommodation. This includes committing a criminal act against the property, morality, or physical safety of these individuals;
b) contracts a contagious disease or an illness that extends beyond the duration of the stay or otherwise requires care;
c) fails to pay the presented invoices by their due date within a reasonably set period (3 days).
15.6 If the fulfillment of the contract becomes impossible due to an event considered force majeure (e.g., natural disasters, strikes, lockouts, official orders, etc.) or due to an accident, illness, or death of the host (in the case of a sole proprietorship), the host may terminate the accommodation agreement at any time without observing a notice period, provided the contract is not already deemed terminated by law or the host is released from their accommodation obligation. Any claims for damages or similar by the contracting party are excluded.
§ 16 Illness or Death of the Guest
16.1 If a guest falls ill during their stay at the accommodation establishment, the host will arrange for medical assistance at the guest's request. If there is an imminent danger, the host will arrange for medical assistance even without the guest's explicit request, particularly if it is necessary and the guest is unable to do so themselves. In this context, it should be noted that the host is not regularly on-site to recognize a potential emergency situation.
16.2 As long as the guest is unable to make decisions or the guest's relatives cannot be contacted, the host will arrange for medical treatment at the guest's expense. However, the extent of these care measures ends as soon as the guest is capable of making decisions or the relatives have been informed of the illness.
16.3 The host is entitled to reimbursement claims against the contracting party and the guest, or in the event of death, against their legal successors, particularly for the following costs:
a) outstanding medical fees, costs for medical transport, medications, and medical aids
b) necessary room disinfection,
c) unusable laundry, bed linens, and bedding; otherwise, for the disinfection or thorough cleaning of all these items,
d) restoration of walls, furnishings, carpets, etc., to the extent that they were soiled or damaged in connection with the illness or death,
e) room rent for the duration the guest occupied the premises, plus any additional days the room was unusable due to disinfection, clearing, or similar measures,
f) any other damages incurred by the host.
16.4 In the event of a government-mandated quarantine of the guest, the host is entitled to charge the seasonal standard overnight rate, including the local tax, for the duration of the quarantine stay. Any additional costs incurred for cleaning, disinfection, etc., are to be borne by the contracting party.
§ 17 Place of Performance, Jurisdiction, and Choice of Law
17.1 The place of performance is the location where the accommodation establishment is situated.
17.2 This contract is governed by Italian procedural and substantive law, excluding the rules of private international law (particularly the IPRG and the Rome Convention) and the UN Convention on Contracts for the International Sale of Goods (CISG).
17.3 The exclusive place of jurisdiction in business-to-business transactions is the location of the host's registered office. However, the host is also entitled to assert their rights before any other court with local and subject-matter jurisdiction.
17.4 If the accommodation agreement was concluded with a contracting party who is a consumer and has their residence or habitual place of abode in Italy, claims against the consumer can only be filed at the consumer's place of residence, habitual place of abode, or place of employment.
17.5 If the accommodation agreement was concluded with a contracting party who is a consumer and resides in a member state of the European Union, Iceland, Norway, or Switzerland, the court with local and subject-matter jurisdiction for the consumer's place of residence shall have exclusive jurisdiction for claims against the consumer.
§ 18 Miscellaneous
18.1 Unless otherwise specified in the above provisions, a time period begins with the delivery of the document ordering the time period to the contracting party who is required to observe it. When calculating a time period determined by days, the day on which the event or point in time that determines the start of the period occurs is not included. Time periods determined by weeks or months refer to the day of the week or the numerical day of the month that corresponds to the day from which the period is calculated. If that day does not exist in the given month, the last day of that month shall apply.
18.2 Declarations must be received by the other contracting party no later than the last day of the deadline (0:00 AM).
18.3 The host is entitled to offset their own claims against the claims of the contracting party. The contracting party is not entitled to offset their own claims against the claims of the host unless the host is insolvent, or the contracting party's claim has been legally established or acknowledged by the host.
18.4 In the event of regulatory gaps, the applicable statutory provisions shall apply.
Host:
Agriturismo Villa Ustoma
Casa Ustoma Societa Agricola SRL
Loc. Case Rocchi snc
58010 Sorano GR
Italia
Codice fiscale/partita IVA 01634280539