Terms and Conditions

GENERAL TERMS AND CONDITIONS Casa le Rondini Toscana

1. Generalities

1. These general terms and conditions will apply to reservations through Casa le Rondini Toscana.

If and in so far as deviating terms and conditions apply to the reservation of certain holiday homes, these deviating terms and conditions prevail.

2. The tenant should realize that these holidays homes are private property and he/she should behave him/herself accordingly.

3. The rented object means the holiday home / B&B in question including, if applicable: parking space, garden, swimming pool, other buildings such as the outdoor kitchen, inventory, tools and all (movable) goods that are part of the holiday home / B&B and its grounds.

4. The tenant means the person who enters the lease agreement. The tenant also includes the persons for whom or on who’s behalf the tenant enters the lease agreement.

2. Reservation and payment

1. The lessor is allowed to modify the stated prices, if a period of 12 months or more passes between the reservation and the booked holiday period.

2. The rental agreement becomes effective as soon as the booking form is received (through the internet) by the lessor (or if the reservation was made by telephone) and the reservation has been confirmed in writing by the lessor, unless the lessor invokes the resolutory clause within 48 hours after receipt of the reservation and indicates that the lease – for any reason – during the period in question is not possible. If and insofar as the tenant suffers damages as a consequence of the rescinding of the rental agreement by the lessor, the tenant is not entitled to any compensation, unless the rescinding is the consequence of a deliberate act or willful recklessness by the lessor.

3. A confirmed reservation is definitive and cannot be cancelled. The Dutch Distance Selling Act and especially the 14 working-days cooling-off period, does not apply to travels booked online. In this law, an exclusion is made for the tourist industry because of the specific nature of the rendered services, according to the European directive on the protection of consumers in respect of distance contracts, which also provides an exemption for services for the provision of accommodation, transport, catering or leisure services.

4.  The day of arrival and departure can be chosen freely, unless stated and agreed otherwise (package deals).

5. The stated rental prices are owed per night, unless stated or agreed otherwise.

6. At the latest fourteen days after receiving the confirmation the lessor has to receive a down payment of 25% of the full rent, unless lessor and tenant have agreed on an adapted settlement arrangement.

7. The remaining 75% of the due rent must be paid at the latest 8 weeks prior to the stay onto the bank account of the lessor, unless lessor and tenant have agreed on a adapted settlement arrangement.

8. In case of a reservation 8 weeks or less prior to the stay, the full rent is due immediately.

9. In case of a late payment of the amounts due, the tenant is automatically in default. The lessor will then send him/her a reminder in writing. If the amount due has not been received by the lessor within 7 days after the date of the reminder, the agreement is considered to be rescinded. In that case the lessor is entitled to charge the cancellation costs as described in article 5 of these terms and conditions.

10. After full payment of the rent, the tenant will receive the travel documents per mail or per e-mail about 3 weeks before the start of the stay. In this documentation he/she will find the itinerary to the holiday home, the name and telephone number of the lessors and any further agreements and details.

3. Modification by the tenant

1. If the tenant wishes to modify the agreed lease, written approval from the lessor is necessary. In no case modifications will be possible within 4 weeks before arrival. The lessor may charge extra costs for modification(s) in a reservation that was already made.

2. If the tenant changes the reservation within 4 weeks before arrival, the cancellation conditions in article 5 apply.

4. Modification by the lessor

1. The lessor is entitled to modify the agreement due to serious circumstances, such as circumstances that reasonably prevent the fulfilling of the agreement by the lessor (such as the sale of the rented holiday accommodation or an act of God that renders the accommodation inhabitable), and due to circumstances beyond their control. War, strike, natural disaster, extraordinary weather conditions, death of the owner are in any case to be considered circumstances beyond their control. In such a case the lessor will try to offer the tenant a different accommodation of similar quality and price, without being in breach of the contract. If it is not possible to offer another comparable accommodation, the paid rent will be refunded. No liability is accepted by the lessor for any other / further damages and/or damages due to delay, unless the damages are a consequent of a willful act and/or recklessness of the lessor.

5. Cancellation

1. If the tenant wishes to rescind the agreement, the rent will not or not entirely be refunded by the lessor, depending on the moment of cancellation. If applicable, the tenant has to file a claim with their cancellation insurance.

2. The tenant has to cancel the reservation by e-mail to the lessor.

3. The lessor is entitled to rescind the agreement if the tenant does not meet his/her obligations and/or in the cases that are described in these general terms and conditions.

4. In case of a cancellation more than 8 weeks before the start of the stay the lessor owes an amount of 50% of the total rent.

5. In case of a  cancellation within 8 weeks before the start of the stay the lessor owes the full amount of the rent.

6. In case of premature ending of the stay the full amount remains due.

6. Travel and cancellation insurance

1. The lessor may take out a travel and/or cancellation insurance through his/her own insurance intermediary.

7. Additional costs

1. Unless stated otherwise, the costs of water, gas and electricity are included in the rent, as far as the consumption of these utilities are within normal range. In case of a long term rental period in winter, the gas and electricity are not included in the lease. These costs will then be charged to the tenant on the basis of their actual consumption. In that case, the tenant will have to pay an sum in advance for the consumption of gas and electricity.

8. Arrival and departure

1. The normal time of arrival is after 16.00 hours, unless otherwise agreed with the lessor. The normal time for liberating the rooms is 10.00 hours, unless otherwise agreed with the lessor.

2. If the tenant will be arriving after 21.00 hours or expects to do so, they should contact the lessor.

9. Number of persons

1. The agreed maximum number of persons may not be exceeded, unless this has been agreed expressly with the lessor who is entitled to charge additional costs in that case. If there are more persons staying in the accommodation than agreed upon and without permission, the tenant will be automatically in breach of their obligations under the agreement and they will be liable for compensation.

2. Lessor and tenant agree that the compensation owed by the tenant as a consequence of exceeding the prohibition mentioned in paragraph 1 above will in any case be € 150 per person per day for the number of persons exceeding the allowed maximum. This clause acts as a penalty clause and is without prejudice to the right of the lessor to claim further fulfilment and/or additional damages of any kind.

3. Leasing to younger persons (ages 21 to 26 years) is only allowed for a maximum of four persons during the same period; in that case a deposit of € 500 applies.

10. Final cleaning

1. Unless agreed otherwise, the costs of final cleaning are included in the rent. At their departure, the tenant should leave the premises behind neat and clean, including the outer spaces such as the garden, terrace, outdoor kitchen and the swimming pool; used towels and bed linnen are to be left in the entrance hall. Household waste, empty bottles etc. must be gathered by the tenant and left next to the entrance near the steps outside. If the tenant fails to follow these instructions, the lessor is entitled to retain part of the deposit as additional cleaning costs.

11. Deposit

1. In all cases a deposit of € 200 has to be paid which will be refunded within 7 days after departure, after deduction of any additional costs or damages caused by the tenant (e.g. cleaning costs, costs for breakage and damage). The amount of the deposit is stated in the rental agreement.

12. Swimming pool

1. Normally, the swimming pool can be used from 1st May until 1st October.

2. Children under the age of 14 should always be supervised by an adult while using the swimming pool. Children are obliged to wear a swimming vest. The lessor nor the owner can be held liable for accidents in swimming pools.

3. The opening hours of the swimming pool are from 09.00 until 20.00 hours.

4. The people using the swimming pool are obliged to observe the users instructions posted near the pool.

13. Pets

1. Pets are not allowed.

14. Miscellanous

1. Smoking indoors is not allowed. Outdoors, smokers are obliged to ensure the cigarette butt is well extinguished and that the remains are cleared and to mind the fire danger. Smokers are not allowed to cause any nuisance to other guests.

2. In view of the danger of fire it is not allowed to make an open fire in the entire garden.

3. If internal rules apply for the home, the tenant has to respect the clauses of these rules without any exception. In the holiday home a copy of the internal rules which apply to that specific home can  be found. The internal rules constitute an integral part of the concluded agreement and the general terms and conditions.

4. The available Wi-Fi connection is not sufficient for the uploading and downloading of large amounts of data, such as films, tv, paid channels and social media. If the Wi-Fi is used too much, the gigabytes may run out, which means that none of the guests can use the free Wi-Fi!

5. Tenant(s) causing such hinder or nuisance that the normal course of a stay in the holiday home is or can be strongly hindered by it, may be excluded by the lessor from pursuing their stay, if it cannot be expected from the lessor to fulfil the agreement. All costs resulting from this will be charged to the tenant(s), if and insofar as the consequences or nuisances are imputable to them.

15. Indemnity

1. In case of any damage, no matter its extent, caused to the holiday home because of and/or during the stay of the tenant, the tenant is obliged to indemnify the lessor for this damage and any consequential loss.

2. In case of any damage, other than related in the above paragraph 1, caused to third parties because of and/or during the stay of the tenant in the holiday home, the tenant is obliged to hold the lessor harmless for these obligations.

16. Liability

1. The lessor accepts no liability (except in case of a willful act or gross negligence on his/her part) for losses (of any kind) which the tenant suffers as a consequence of and/or in connection with his/her stay in the holiday home.

2. Should the lessor be obliged to pay damages for any reason whatsoever, the amount of the compensation will be limited to the amount of the rent, unless the loss is a consequence of a willful act or gross negligence on the part of the lessor.

3. The lessor never accepts any liability for:

a) photo, brochures and other public relations material edited under the responsibility of third parties.

b) obvious mistakes or errors on the website and in other notifications.

c) The lessor cannot guarantee the functioning of the Wi-Fi and internet connection, even if it has been indicated that these connections are available in or near a holiday home. The lessor cannot be held responsible for the absence or malfunctioning of an internet or WiFi connection.

4. It is pointed out to the tenant that damage to the holiday home caused during his/her stay will be attributed to the tenant, unless proven to the contrary. The lessor hereby stipulates that the tenant is obliged to reimburse all damages to the owner. The tenant is obliged to have a personal liability insurance and to send a copy of his/her policy to the lessor on request.

5. The lessor is not liable for damage caused by deviations in the rented object or local inconveniences, except when these deviations or inconveniences are of such a nature that they touch the essence of the rental agreement in which case the compensation will be limited to the direct damage. Any consequential loss is excluded. Furthermore, the liability of the lessor is always limited to the amount of the rent.

6. Agricultural and forestry activities

a. The holiday home rented by the tenant is situated in or near a natural area and a farm (agriculture). In principle, the daily activities are not expected to cause any nuisance.

b. The lessor neither accepts liability for disruptions and failures of electricity, gas and water supply.

17. Interest and collection costs

A tenant who has not met their monetary obligations towards the lessor, owes an interest of 1% of the principal sum per month or part thereof. On top of that, they have to pay all extrajudicial collection costs, with a minimum of € 50.

18. Complaints

1. Complaints during the stay should be reported to the lessor in writing or any other suitable form within 24 hours, so adequate measures can be taken. If the complaint is not dealt with in a satisfactory way, the tenant has to file a written complaint with the lessor within 4 weeks after his return, while stating all the relevant facts.

2. If the tenant does not file the complaint within the time limit mentioned in paragraph 1 of this article, he/she forfeits his/her entitlement to compensation, as far as he/she has any right to a compensation.

19. Choice of law

1. All differences with the tenant are subjected to the laws of the Netherlands. Notwithstanding article 17, these differences can be submitted to the competent court.

Note: In case of contradictions between the Dutch and English version of general terms and conditions, the Dutch version prevails.