Terms

Terms and Conditions 2008

For the purposes of these Terms and Conditions, 'the Landlord' means Mr. Roberto Michelini, whose registered home is at Via Mimose 20 - Mira, 30034, Venice, Italy. ‘Visitor’ means the person named in the confirmation invoice (the “Confirmation Invoice”).

1 Agreement

1.1 These Terms and Conditions are printed in the brochure and on the reverse of the Confirmation Invoice. The making of a booking (unless cancelled within 7 working days of receipt of the Confirmation Invoice) will form an agreement on these Terms and Conditions (the ‘Agreement’) between the Visitor and the Landlord for the rental of the apartment shown in the Confirmation Invoice or as otherwise agreed in writing by Landlord and the Visitor (the ‘Accommodation’).

1.2 The Landlord permits the Visitor to occupy the Accommodation for the period shown in the Confirmation Invoice (“Renting Period”) together with the use of the furniture, fixtures and effects.

1.3 The Visitor will be responsible for all payments and for any damage whether caused by the Visitor or his or her party. References to ‘party’ in these Terms and Conditions will include the Visitor’s family, servants, agents or guests. The Visitor agrees to make his or her party aware of these terms and conditions”

1.4 The Confirmation Invoice will show the renting price at the time of booking. The holiday price is not subject to change.

2 Deposit

For bookings made 12 weeks or more in advance, the booking for a renting will become firm when a deposit of at least one third of the holiday price has been received by the Landlord. Up to that time it will be a provisional booking, and provisional bookings are normally held for a maximum of 3 working days.

3 VAT

The holiday price includes Value Added Tax (“VAT”). If rates of VAT change from that included in the renting price, the Landlord reserves the right to amend prices accordingly.

4 Payment

All payments can only be accepted in Euro and by PayPal® on the appropriate pages by credit card or other applies for payments or by bank remittance to our account..

5 Final Payment

The full balance of the total renting cost will be payable on arrival in cash money.

6 Cancellation

The reservation may be cancelled at any time by the Visitor giving the Landlord notice in writing. A 100% cancellation charge will be payable. On receipt of the written cancellation the Landlord will endeavour to re-book the Accommodation for the Renting Period and, if successful for the whole or part of the period, will refund the relevant proportion of the money paid less Euro 50.00 (fifty Euro) to cover office administration.

7 Landlord Right To Refuse/Alter

7.1 The Landlord reserves the right to refuse any booking. Reservations will be accepted upon availability of apartments.

7.2 The Landlord reserves the right to cancel or alter arrangements made for the Visitor whether before or during the relevant visit (a) in any circumstance which arises from or is attributable to acts, events, omissions or accidents beyond the reasonable control of the Landlord or (b) where in the reasonable opinion of Landlord it is necessary to perform or complete essential remedial or refurbishment works.

7.3 If a booking has to be cancelled by Landlord, it will take reasonable steps to offer an alternative booking. If the Landlord is not able to offer such an alternative or the Visitor does not accept the alternative offered or the altered renting arrangements (as the case may be), the Landlord will return to the Visitor the relevant proportion of the money paid by the Visitor to the Landlord in respect of the Accommodation and will not otherwise be liable for any loss caused by cancellation or alteration if it arises out of circumstances beyond its control.

7.4 Where 7.2 (b) applies the Landlord shall offer the Visitor an apartment in the same or a higher price band (at no additional cost) or in a lower band (where the difference will be reimbursed).

8 Change of Booking

There will be a fee of Euro 35.00 (thirty-five Euro) for any transferred booking, and bookings may not be transferred within one month of the Visitor's renting, or from one calendar year to another. A transferred booking is from one apartment to another, a change in the Visitor, or from one date to another. If the transfer requested also involves reducing the length of the holiday, it will be regarded as a cancellation.

9 Visitor Accommodation Limitation

Occupation must be limited to the maximum number of persons for the Accommodation stated in the brochure or on the Landlord website.

10 Joint Bookings

The booking should be made in one name only and that person (the Visitor) shall not, without the written consent of the Landlord, assign the booking.

11 Services

Unless otherwise stated in writing, the renting price will include all charges for water, gas, electricity and VAT. Visitors must comply with the instructions found in the welcome folder regarding the appropriate use on open heating according to Venice Authorities Law within the Accommodation. Any damage or fines caused by using inappropriate heating will be charged to the Visitor. Our prices do NOT INCLUDE: meals, cleaning service and additional sheets during your stay (change whole laundry is done weekly). For these types of service (extra) ask freely.

12 Loss of Visitor Property

12.1 Except as indicated below, the Landlord cannot be held responsible for loss or damage to any belongings, or for injury sustained by the Visitor or members of his or her party during their stay at the Accommodation. The Landlord excludes liability for loss or damage to any belongings, or for death or injury sustained to the Visitor or members of his or her party during their stay at the Accommodation except to the extent that such injury or loss or damage to any belongings is caused by the negligence or default or breach of the Landlord of any duty.

12.2 The Visitor shall be liable for and indemnify Landlord against any liabilities, damages, claims, costs, losses (whether direct or indirect and including loss of profits) and expenses incurred or paid by the Landlord arising from the Visitor’s use or occupation of the Accommodation which arise from any breach by the Visitor of his or her obligations under the Agreement or from any negligence or wilful default of the Visitor and/or the Visitor’s party.

13 Pets

Beside we love animals our apartments are not fitted for receiving animals of any size or race. No domestic pets can be accepted in our flats.

14 Landlord Right of Entry

The Landlord and/or its agents reserve the right to enter the Accommodation at any reasonable time for reasonable cause. This includes the undertaking of unforeseen (internal and external) remedial repairs together with any annual external re-decoration for which access to the inside of the Accommodation may be required. External windows and doors may be opened during this process.

We aim to restrict the working hours of our contractors to between the hours of 10.00 – 15.30. If however we are unable to complete the task between these hours and require access either before 10.00 or after 15.30 we will offer you reasonable compensation for any foreseeable inconvenience or loss of enjoyment caused on that day.

15 Visitor Obligations

15.1 The Visitor undertakes to keep the Accommodation and all the furniture, fixtures and effects in the same state of repair and condition as at the commencement of the booking period (reasonable wear and tear excepted) and shall pay to the Landlord the value of any part of the Accommodation, furniture, fixtures, fittings and effects so destroyed or damaged as to be incapable of being restored to its previous condition. Breakages and damage must be reported as soon as possible.

15.2 The Visitor must allow the Landlord and/or its agents to enter the Accommodation to inspect the state of it, on reasonable notice, save in emergency when immediate access must be granted.

15.3 The Visitor must not use the Accommodation or allow its use for any dangerous, offensive, noisy, illegal or immoral activities or carry on there any act that may be a nuisance or annoyance to the Landlord or to any neighbours.

15.4 The Visitor and his or her party must comply with any reasonable regulations relating to the Accommodation of which the Visitor has written notice. Such regulations will be found in the welcome folder in the Accommodation, typical examples would include any local conditions regarding parking, waste disposal, recycling and so on

15.5 Smoking is not permitted in any part of the Accommodation and the Visitor and any member of his or her party undertakes not to smoke inside the Accommodation.

16 Property Cleanliness

The Visitor agrees to ensure that the Accommodation is left reasonably clean and tidy. The Visitor agrees to pay an additional reasonable charge to cover the expense of additional, unusual cleaning required because the Visitor fails to comply with this Clause.

17 Family Occupation

17.1 The Accommodation shall be for family use only, not for youth groups or other groups or student parties. No parties are allowed.

17.2 The Agreement is personal to the Visitor. The Visitor must not use the Accommodation except for the purpose of a holiday by the Visitor and the Visitor’s party during the Renting Period, and not for any other purpose or longer period.

17.3 The maximum occupancy of the Accommodation shall not be exceeded. If the Visitor wishes to hold any function or celebrations exceeding this limit it must first obtain the written permission of Landlord. If permission is granted, an additional charge will be levied.

18 Water, Gas & Electric power Supply

The Landlord cannot accept responsibility for a shortage of water, gas and electric power at the Accommodation where this is as a result of a drought, an act or omission of the relevant services company or for any other reason outside of the Landlord’s reasonable control.

19 Weather

If the Accommodation becomes inaccessible due to bad weather, the Landlord will take reasonable steps to inform the Visitor and to offer an alternative apartment.

20 Advance Bookings

Both apartments can be booked well in advance. It is advisable to book early to avoid disappointment, particularly over school holiday periods.

21 Comments/Complaints

Every reasonable care will be taken to ensure that the Accommodation is presented to visitors to a high standard. Should the Visitor find on arrival that there is a problem, or cause for complaint, the Visitor should immediately tell to the Landlord. Reasonable steps will then be taken to assist the Visitor. The Landlord will not normally make any refunds in respect of complaints made after the Visitor's departure from the Accommodation if the Visitor did not make the complaint or the problem known to the Landlord during the renting. If the Visitor wishes to comment on his or her stay a comment/suggestion form may be completed and left in the Accommodation, or alternatively to the Landlord's email address.

22 Arrival and Departure Times

22.1 Adherence to the arrival and departure times forms part of the Agreement and any stay that extends over this period will be subject to a charge being made for additional days. Inform us the time of arrival in Venice at least 2 days before the beginning of your stay. Arrival time is after 16.00 hrs. on the first day of the renting and Departure time is before 10.00 hrs the last day of the holiday.

22.2 The Visitor will be issued with a set of keys to the Accommodation on the first day of the Renting Period and the Visitor must return them on the last day of the Renting Period or the date of departure, if earlier. Failure to do so will incur the cost of a replacement set.

23 Right to Evict

The Landlord reserves the right to ask the Visitor and his or her party to leave the property (without compensation being payable to the Visitor or any member of his or her party) if this is deemed necessary by the Landlord where if there is a serious breach by the Visitor of the Agreement or their behaviour is such as to endanger the safety of other visitors or members of staff . If any complaints are made of anti-social behaviour or unreasonable breakages or damage occurs or smoking restrictions are not observed we shall give the visitor an opportunity to rectify the breach and failure to do so shall entitle the Landlord to terminate the agreement.

24 Data Protection

In accordance with article 13 of Legislative Decree 196/2003 (law related to the protection of personal data) the data controller hereby informs you that processing of your personal data shall be carried out for legal obligations: invoicing, obligatory books of accounts and entries, communications to requesting authorities; communications to banks and similar institutions, for collection of credits and other activities related to contractual obligations;
the processing shall be effected with manual and/or automatic systems used to memorize, manage and transmit the data, with logic strictly related to the purposes, based on the data in our possession and with your agreement to immediately communicate any corrections, additions and updates;

25 Failure to exercise

The fact that the Landlord does not exercise any of its rights under the Agreement in any particular incidence of breach or default by the Visitor shall not constitute a waiver by the Landlord of such right in that or any subsequent incidence.

26 Notices

Notices shall be sufficiently served if sent by recorded delivery letter or facsimile transmission to the address appearing in the Confirmation Invoice or such other address as each party may from time to time have communicated in writing to the other. Any notice to be served on the Visitor under the Agreement may be given during the Renting Period by delivery by hand or putting under the front door of the Accommodation and shall be deemed to have been received upon the expiration of 24 hours after service.

27 Severance

If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions and the remainder of the provision in question shall not be affected.

28 Rights of Third Parties

The Contracts (Rights of Third Parties) might give rights to third parties who are not parties to this contract. The parties agree that this will not apply and that, subject to clause 1.3, only those signing the contract shall have rights and obligations under it.

29 Headings

The headings in this document are included only for convenience, and do not affect the meaning of the clauses to which they relate.

30 No Tenancy

The Agreement is for the Renting Period and is not intended to create the relationship of Landlord and Tenant between the Visitor and the Landlord. The Visitor shall not be entitled to a tenancy, or to any assured shorthold or assured tenancy or any statutory protection under the law 196 dd. 30.06.2003 or other statutory security of tenure now or upon termination of the Agreement.

32 Governing Law

The construction, validity and performance of the Agreement shall be governed by the law of Italy and Veneto, and both parties submit to the exclusive jurisdiction of the Italy Courts.