PAYMENTS. The deposit payable on booking is 30% of the cost of the holiday plus the administration fee. The balance must be paid at our Office on the day of arrival. In the event that the Organiser does not receive the above payments at the due dates, the contract shall be automatically terminated subject to the Organiser’s right to claim for any damage incurred.
TRAVEL DOCUMENTS. Dispatch of the travel documents is conditional on receipt of the deposit by the Organising Office, within the terms set in Art. 5.
CANCELLATIONS. In the event of cancellation of the trip/stay, as well as the expenses and charges arising from the cancellation of the services, the following percentages will be retained from the total value of the holiday, or will be payable if not already received:
· 20% of the amount of the entire holiday on cancellations at least 60 days before the start of the trip/stay.
· 30% from 60 to 30 days before the start of the trip/stay.
· 60% from 30 to 20 days before the start of the trip/stay.
· 80% from 20 to 10 days before the start of the trip/stay.
· 100% for cancellations after this term.
No refunds will be payable on early departures. Administration fees and ferry fares are non-refundable.
10. SUBSTITUTIONS. Clients may transfer their bookings to other people provided that: a) the organiser is notified in writing at least 10 working days before the departure date, with the substitute’s full details; b) there are no factors relating to passport, visas, health certificates, hotel accommodation, transport services or of any other kind preventing the use of the package by anyone other than the original client; c) the substitute reimburses the organiser for all the expenses incurred for the substitution, for an amount stated on notification of the booking transfer. In all cases the original client shall pay the administration fee only, if applicable. He shall also be jointly responsible with the substitute for payment of the balance of the price and the amounts detailed in letter c) of this article.
INSURANCE COVER. The Organising company is covered by Civil Liability insurance policy no. 3487201015182 issued by Compagnia Milano Assicurazioni S.p.A. to cover risks of personal injury arising from participation in travel and accommodation programmes and the fulfilment of obligations to the user of holiday services, in compliance with the requirements of the International Convention on Travel Contracts pursuant to Italian Law no. 1084 of 27/12/77 and Directive 90/314/EEC of 13/06/90, concerning “all inclusive” circuits, and in accordance with Tuscany Region Law no. 42 of 23/03/2000. The Maximum Claims allowed under the aforesaid Civil Liability Insurance, including capital, interest and costs, are € 1,549,370.00 for each claim with a limit of € 516,456.00 for each person suffering injury or death, regardless of the number of claimants, and a limit of € 258,228.00 for damage to property and animals, even those belonging to more than one person.
22. LEGAL JURISDICTION – Arbitration Clause. The law court of the Organiser’s registered office shall have jurisdiction over all disputes arising from this contract. By mutual agreement, it is envisaged that disputes arising from the application, interpretation or fulfilment of the contract shall be submitted to the decision of a Board of Arbitration consisting of each of the two parties plus a Chair appointed by the arbitrators already designated or, failing this, by the Chief Justice of the Law Court of the place where the Organiser has its registered office. The Board of Arbitration shall meet at the place where the Organiser has its registered office and shall decide formally and in accordance with the legal procedure, further to any attempts to effect a reconciliation.
LEASES ON PRIVATELY OWNED APARTMENTS
ANNEX TO THE HOLIDAY PACKAGE/SERVICE SALES CONTRACT CONDITIONS OF HOLIDAY LEASES (art. 1 (2), (c)) Law no. 431 of 9th December 1998
The undersigned Agenzia di Viaggi & Turismo Pianeta Elba, represented by Mrs Maura Colli, hereinafter the lessor, having been mandated by the owner to lease the property having the location and characteristics described in the Holiday Package/Service Sales Contract of which these presents form an integral part, hereby leases the property to the lessee (hereinafter the tenant), who accepts the same on his own behalf and that of his successors in title. The lease shall be governed by the following conditions:
1) The lease is agreed for the stated period, and shall therefore terminate without any need for notice, considered to have been given hereby.
2) The property shall be used for private residential purposes only, and only as a holiday home, as specified above.
3) The tenant shall not sublet all or part of the property unit, grant it on free loan, or accommodate more than the number of people stated in the travel documents, or a number exceeding the maximum capacity stated for the property. Any breach of this term shall lead to the immediate termination of the lease.
4) The parties have agreed the rent on the basis of the objective conditions of the property, as described and well known to the parties, and its location.
5) Payments: payment of the deposit and balance as stated in the Holiday Package/Service Sales Contract.
6) The tenant shall allow the lessor, its administrator and their representatives to access the property once they have provided reasonable grounds for doing so.
7) The tenant declares that he takes charge of the property to all intents on receipt of the keys, and becomes responsible for its safekeeping from that time. The tenant undertakes to hand back the property in the condition in which it was received, subject to normal wear and tear; otherwise, damages shall be payable. The tenant undertakes to comply with any condominium regulations, with which he declares that he is familiar, and with the resolutions of the condominium general meeting. Under no circumstances shall the tenant behave in a manner which may cause disturbance to the other inhabitants of the building.
8) The tenant shall not make any modifications, innovations, improvements or additions to the property or its intended use, or to the plants installed, without the lessor’s prior written consent. In the event that any improvements or additions are made, even with the lessor’s agreement, the latter shall be entitled to retain them without any obligation to pay compensation or make reimbursements of any kind, and the tenant hereby waives any such claim. Otherwise the tenant shall be obliged to restore the property to its original condition, even during the validity of the lease, at his own expense, on the simple request of the lessor.
9) The tenant specifically relieves the lessor of all liability for direct and indirect damage incurred due to the actions of the lessee’s employees or for interruptions in services arising from force majeure.
10) As surety for all the obligations undertaken through the lease, including the obligation to return the property at the expiry date, the tenant shall pay the lessor a non interest-bearing security deposit which shall not be discounted against the rent payable. The aforesaid security deposit shall be returned at the end of the lease further to inspection of the condition of the property and fulfilment of all contractual obligations.
11) The rent includes water, electricity and gas, VAT, service percentages and everything else stated in each individual offer.
12) Unless specifically stated to the contrary, the property shall be consigned between 4 pm and 7 pm on the day of arrival and must be returned by 9.30 am on the day of departure. In the event of delay in the planned arrival date due to force majeure, the tenant must notify the Agency at once.
13) For all the intents and purposes of this lease, including the service of legal acts, and for the purposes of establishing legal jurisdiction, the tenant elects domicile at the property let to him and, in the event that he no longer occupies or holds this property, at the General Office of the Municipality in which the property let is located.
14) No amendment to the lease shall be possible or proven unless it is in the form of a written document.
15) The lessor and tenant authorise each other to use their personal data with regard to formalities arising from the lease (Italian Law no. 675 of 31st December 1996).
16) The signing of the lease shall not in itself constitute the transfer to the tenant of the property let, with or without payment of the lease (art. 121 (4) (f)) of Italian Decree Law no. 395 of 1st September 1993).
17) For all matters not covered by this lease, reference is made solely to the contents of the Italian Civil Code and local practice. The parties specifically declare and mutually agree that:
a) the property is let for holiday purposes only and for no other purpose;
b) the tenant shall use the property only as a second home.
c) the property holds Local Government and Plant Safety documentation, Test Certificate and energy certification.
d) the lessor has decided to enter into the lease solely on the basis of the tenant’s declarations as set out above.
Pianeta Elba Viaggi & Turismo – Via Roma, 93 57031, Capoliveri (Isola d’Elba)
SCIA Prot.n. 7204 del 21.05.2020
The programm was developped following L.R.T. 42/2000.
Pictures: database Pianeta Elba – Web Agency Elbalink, reproduction prohibited.
Validity of the programm: January-December 2021