General Terms and Conditions La Porta Vacanze

General Terms and Conditions

1. General
1. These general terms and conditions apply to all La Porta Vacanze(hereafter LPV) bookings. If and as far as conditions for bookings for certain holiday homes differ from these general germs and conditions, the different conditions will apply.

2. The tenant must realize that LPV rents holiday homes from private third parties (hereafter “the Owner) and the tenant must in all cases conduct himself accordingly.

3. With rented property / holiday home is meant the holiday home in question with yard, house, other buildings (swimming pool) inventory, tools, and all (moveable) property belonging to the holiday home and yard in question.

4. The tenant is the person who enters into an agreement with LPV. Furthermore a tenant is the person who enters into an agreement with LPV for or in the name of the tenant who enters into an agreement with LPV. 

2. Reservation and payment

1. LPV is authorized to change the prices, provided that there is a period of 7 months or longer between the booking and the booked holiday period.

2. A rental agreement is reached as soon as the booking form (via internet) is received by LPV (or if the booking is made by telephone) and the booking is confirmed in writing or by e-mail by LPV under the dissolving condition that the owner indicates – for whatever reason whatsoever – within 48 hours after the booking confirmation from LPV that rental in the period in question is not possible. If and as far as these dissolving conditions are invoked by LPV and the tenant suffers damages, LPV will not be held liable for these damages unless the damage is a result of intention or deliberate recklessness on the part of LPV

3. A confirmed booking is definite and can not be withdrawn. The law “Purchase from a distance” and specifically the therein mentioned contemplation period of 7 workdays, does not apply to travels and/or holidays including accommodation, booked through the internet. In this law an exception is made for the tourist sector due to the specific character of the provided services, according to the European guideline regarding the purchase from a distance, which also provides and exception for services regarding accommodation, travel, the restaurant business and recreation.

4. Reservations are from Saturday to Saturday unless otherwise agreed on.

5. LPV will once only charge a reservation fee for the amount of € 35,-.

6. The indicated rental prices shall be owed per week, unless otherwise mentioned or agreed on.

7. At the latest 7 days after receipt of the confirmation, LPV must have received from the tenant a down payment of 35% of the total rent due unless LPV and the tenant have made other arrangements.

8. The remaining 65% of the rent due must be pain into the bank account of LPV at the latest 8 weeks prior to the stay, unless LPV and the tenant have made other arrangements.

9. If a reservation is made within 8 weeks prior to the stay, the total amount of rent due should be transferred (by telegraphic transfer) at once to the account of LPV.

10. In case of non timely payment of the owed amounts tenant is automatically negligent. LPV will then send a reminder by e-mail. If the amount owed is not received within 7 days after the written reminder, the agreement is deemed cancelled in which case LPV is entitled to charge cancellation costs as described in article 5 of these general terms and conditions.

11. After full payment of the rent due, the travel documents including the address of the holiday home and the name of the key keeper, who will hand over the key to the tenant, will be sent to the tenant’s address approximately 3 weeks prior to the first day of the rental period. The tenant will then receive a letter in which the agreement and the specific details regarding his holiday home, such as bed linen (rented or own bed linen), end of stay cleaning (to do yourself/have done), security deposit etc. are noted.

3. Amendments by tenant

1. If the tenant wishes to amend the rental agreement in place, LPV must give explicit written approval. It is in not allowed under any circumstances to amend the agreement as of and within a period of 4 weeks prior to arrival. For each amendment in a booking already in place, LPV will charge an amount of € 50,-.

2. If the tenant amends the booking within 4 weeks prior to arrival, the cancellation conditions of article 5 are applicable.

4. Amendments by LPV

1. LPV has the right to amend the rental agreement due to pressing circumstances, under which are meant circumstances which make it in all reason impossible for LPV to adhere to the agreement (f.i. sale of the home or the house cannot be rented due to an unexpected cause), and LPV has the right to amend the agreement due to reasons beyond LPV’s control such as war, strike, natural disaster, exceptional weather conditions, death of the owner. In such a case, LPV may offer the tenant another home of same quality and price without being considered failing to adhere to it’s obligations. If no other comparable home can be offered, the rent already paid will be reimbursed. LPV will not be held liable for any possible other/supplemental and/or delay damages, unless the damage is a result of intention or deliberate recklessness on the part of LPV.

5. Cancellation

1. In the case that the tenant wishes to cancel the agreement, then besides the reservation costs, cancellation costs, which will not exceed the rental price, will be charged unless, and in that case as far as, a cancellation insurance has been taken out which covers the costs.

2. Tenant must cancel during office hours. If a cancellation is made outside office hours, the cancellation is considered to be made on the first following work day (Monday thru Friday).

3. LPV is allowed to cancel the agreement if the tenant is negligent and/or in other cases as described in these general terms and conditions.

4. In the case of cancellation prior to the term of 8 weeks prior to start of the stay, the tenant must pay an amount of 35% of the total rent due.

5. In the case of cancellation within 8 weeks prior to start of stay the tenant must pay the entire rent due.

6. In the case of premature end of stay the entire rent due remains payable.

6. Travel insurance and cancellation insurance

1. Tenant can buy a cancellation insurance and a travel insurance via LPV in co-operation with Europeesche travel insurances.

2. Tenant can buy a cancellation insurance via LPV in co-operation with Europeesche travel insurances. The premium is 7.0%, including the surcharge premium of 1,5% for supplemental coverage Boarding Stays. Any damage to the inventory is covered up to a maximum of €2,500.= per rental agreement.

The surcharge premium of 1,5% for supplemental coverage Boarding Stays will be added to every booking also if you do not want a cancellation insurance.

7. Additional costs

1. Unless otherwise mentioned, the costs of water and electricity are included in the rent.

2. Unless otherwise mentioned, the costs for renting bed linen and towels, reservation costs (€ 35,=), the surcharge premium of 1,5 % for supplemental coverage Boarding Stays and costs of end of stay cleaning is not included in the rent. On request and if available (at cost) bed linen and a cot can be arranged.

8. Arrival and departure

1. The time of arrival is Saturday between 4:00 pm and 8:00 pm. The valid departure time is Saturday before 10:00 am.

2. If the tenant arrives after 8:00 pm, tenant must contact the contact person. Arrival after 9:00 pm is not possible. In some instances arrival after 9:00 pm is possible if a surcharge of maximum 100 euro to the key keeper is paid. LPV has no influence on this and is not liable for any damages whatsoever if arrival after 9:00 pm is not possible.

9. Number of people

1. The maximum number of people agreed upon to stay in the rented accommodation must not be exceeded, unless explicitly agreed on by LPV in which case LPV is entitled to charge supplemental costs. If, without permission of LPV, more people than agreed on stay overnight in the holiday home, the tenant is automatically negligent in regards to his obligations according to the agreement and is liable for damages.

2. LPV and tenant agree to determine in advance that damages suffered as a result of not adhering to the subsection 1 prohibition will be € 150,= per day per person, for the amount of people exceeding the allowed number of people. This condition is applied as a penalty and applies undiminished the right of LPV to still demand adherence and/or (supplemental) damages of whatever nature.

10. End of stay cleaning

1. The end of stay cleaning is done against additional charge which are mentioned. Even in these cases, where the tenant pays a certain amount to have the end of stay cleaning done, the tenant must on departure leave the home tidy and kitchen clean and tidy, if tenants fails to do so, the owner or caretaker is entitled to deduct part of the security deposit as extra cleaning costs.

11. Security deposit

1. For most of the holiday homes a security deposit must be paid on arrival, which is refunded on departure minus any additional costs or damages caused by the tenant (for example cleaning costs, costs for breakage, damages). For some holiday homes the deposit will be refunded after departure (in which case the tenant should leave his name and address behind). If tenants leaves prior to the agreed on departure date the deposit will also be forwarded. The amount of the security deposit is mentioned on the invoice. The payment of the security deposit on site and the refunding thereof is a matter between the owner/local agent and tenant. LPV is not liable for damages as a result of problems arising hereof.

2. In some cases LPV will collect the security deposit on behalf of the owner. If this is the case, then LPV has no control over this matter and is obliged to make the security deposit available to owner on request. After the rental period, the security deposit can only be refunded after owner’s consent, such consent to be given within 14 days. In the event consent is not given within 14 days, LPV shall refund the security deposit on its own accord. Within these parameters, LPV does not accept any liability.

3. If the tenant does not fulfill, on arrival, his financial obligation regarding the security deposit, the owner / care taker is entitled to refuse entrance to the property until the security deposit is paid.

12. Swimming pools

1. Swimming pools are as a rule to be used from mid May until the end of September. Exceptions are possible in which case LPV is not liable for any damages resulting there from.

2. Children younger than 14 years are only allowed to use the swimming pool under supervision of an adult and the child(ren) must wear a life vest.

3. In Italy pools are basically unsecured and / or fenced. The presence of a security in the pool or around the pool should never be seen as a substitute for the supervision of parents over their children in / around the pool. LPV, nor the Owner can be hold liable for any accident in the pools.

4. Swimming pools are heated only when it is explicitly stated on the website and in the travel document. As a rule, the water temperature will be increased by about 6 degrees. If there is heating through solar energy is the increase in water temperature varies depending on the actual weather conditions (sunshine and night temperature, precipitation, etc.).

13. Pets

1. Pets are permitted only with express permission of LPV and the owner 7 caretaker, and must be requested at booking. There is a possibility of a surcharge for this. If the caretaker finds a violation of this provision, it is his / her responsibility to ask the customer to leave the property, without any compensation.

2. It is prohibited to allow pets on sofas, chairs, beds and in the pool.

3. Animals that travel to Italy, must have a vaccination card or an international veterinary certificate (your vet can give you all the information on this)

14. Miscellaneous

1. Smoking is not permitted in the holiday homes.

2. Tenants are required to dispose of garbage, bottles, paper, etc.

3. If a copy of housekeeping rules are present in the accommodation, these should be adhered to without exception. A copy of a set of applicable housekeeping rules can be found in the holiday home.

4. Tenant(s) who cause nuisance or problems of such a magnitude that as a result a full stay in the rented accommodation is or shall be made substantially more difficult, can be excluded from (continuation) of their stay by LPV, if in all reasonableness LPV cannot be required to meet its obligations. All ensuing costs are for the account of the Tenant(s), if and insofar the consequences of nuisance or trouble can be attributed to him/them.

15. Protection

1. If due to and/or during the stay of the tenant damages of whatever nature and extent occur to the holiday home and LPV must refund these damages and any additional damages to the owner, the tenant will relieve LPV from this obligation.

2. If otherwise than in subsection 1 mentioned, third parties suffer damages due to or during the stay of the tenant in the holiday home, for which damage LPV is held accountable and in which event LPV is liable, the tenant will relieve LPV from this obligation.

16. Liability

1. LPV has an liability-insurance. LPV does not accept any liability – save in the case of gross negligence or intention on the part of LPV – for damages (of whatever nature whatsoever) suffered by tenant due to the stay and/or in connection with his stay in the holiday home unless and in that case as far as the liabilty-insurance covers the damages and pays compensation.

2. If LPV is obliged for any reason whatsoever to pay damages itself, the damages shall be restricted in all cases to the amount of the rent.

3. LPV will in no case accept liability for

a) Photo, folders and other informative material in so far as issued by third parties 

b) Apparent errors or mistakes on this website or other notifications.

We will indicate the presence of WIFI, but we neither the owner do guarantee that it is working or available. LPV is not liable for the absence of the WIFI.

4. The tenant is made aware dat the tenant is accountable for damages occurred to the holiday home during the stay, unless there is evidence to the contrary. LPV stipulates for the benefit of the owner that the tenant will be kept to compensate all damages of the holiday home to the owner. 

Therefore it is obliged that the tenant has a liability insurance. LPV and/or the owner can ask to show a copy of the insurance.

5. LPV is not liable for any damages as a result of deviation in the rented property or inconveniences on site, except if these deviations or inconveniences are such that it regards the essences of the rental agreement and in case the damages is owing to the gross fault of the irresponsibility of LPV. In which case the damages are limited to direct damage and in every form of consequent damage excluded. The liability of LPV is still limited to the amount to the amount of the rent.

6. Building activity. It can happen that unexpected building activity takes place in the surrounding of the rented villa. LPV is not liable for these activities. LPV is neither responsible for interruptions and failure of current- and water supplies.

17. Rent and collection charges

A tenant who has not timely met his financial obligation towards LPV will be charged interest of 1% over the principal amount per each month or part of a month. Furthermore, the tenant is obliged to pay all non-judicial collection costs with a minimum amount of € 50,-.

18. Complaints

1. During the stay, complaints should be lodged in writing or in other suitable form with LPV, at the latest within 24 hours, in order to enable LPV to take appropriate action. Should the complaint not be dealt with in a satisfactory manner, the tenant should, on arrival in the Netherlands, lodge a written complaint within 4 weeks after return to the Netherlands stating all details relating to the case.

2. If the tenant does not adhere to the terms which are stated in subsection 1 of this article, he uses up his right to compensation, this for so far any right to compensation exists.

3. No later than six weeks after the complaint of the tenant by LPV is received, LPV will respond to the complaint.

19. Jurisdiction

1. Dutch law is applicable to all disputes with LPV. Undiminished that what is stated in article 17 of these general terms and conditions, the court in Arnhem is with exclusion of other courts the only court authorized to take cognizance of disputes.

Dieren, July 2016