For legal reasons we want to point out explicitly that Toskana Holiday GmbH mediates only the holiday accommodations, letter respectively contract partner in case of booking is CUENDET & Cie S.p.A. in Monteriggioni - Provinz Siena
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GENERAL LETTING CONDITIONS
1) RENTAL
Bookings are made by CUENDET on behalf of the owner of the property at the prices stated in the CUENDET price list - CUENDET & Cie Spa – Monteriggioni (Siena) - Italy. These prices are based on market conditions applicable at the time CUENDET catalogue goes to press.
2) WHERE AND HOW TO BOOK
Bookings can be made by agents and mediators which are authorized by CUENDET to exercise in their name. TOSKANA HOLIDAY GmbH operates as mediator for CUENDET. The contract partner in case of booking is CUENDET & Cie Spa – Monteriggioni (Siena) – Italy. The holiday-maker makes his/her booking through the authorised TRAVEL AGENCY or MEDIATOR whose name and address are printed on the back of the catalogue, using the Booking Form which can be found in the last few pages of the catalogue.
3) PAYMENTS - RENTAL VOUCHER
As soon as the holiday-maker receives the confirmation of his/her booking, he/she must pay a deposit equal to 25% of the rental price IN ADDITION TO Euro 28,00/AU$ 50.-/US$ 35.- BOOKING FEES PER BOOKING.
The remaining balance must be paid at least 42 days before the start of the rental period.
Upon receiving the full balance the holiday-maker will be sent his/her rental voucher. For bookings made less than 42 days prior to the start of the rental period, the holiday-maker must immediately pay the total amount of the rental price.
4) MINIMUM RENTAL PERIOD - PRICES
The minimum rental period is generally one week, from Saturday to Saturday (if not otherwise indicated in the description of the property). An owner can request the payment of an additional charge (to be paid for on location) if he/she accepts a booking of one week (if not normally authorised). The rental prices are per each accommodation and per week and are sub-divided according to the rental seasons as shown in the catalogue or in the price list.
Some accommodations can be rented for short periods (3-5 nights) in specific seasons (day of arrival and departure to be established). These accommodations are marked by the symbol INCLUDEPICTURE "http://star15.3.ecasy.com/graph/symbols/symbol_28.gif" \* MERGEFORMATINET . The ways in which the prices are established are cited in the catalogue.
CUENDET reserves the right to modify the prices of the houses, in the event of considerable fluctuation with the exchange rates (valid for those countries not using EURO).
5) INSURANCE
The following text is an extract of the insurance policies no. 207.716752.40, 207.716751.42 and 207.716753.38, taken out by CUENDET and Cie Spa with La Fondiaria Assicurazioni S.p.A., with offices in Florence, Via L. Il Magnifico 1:
1. POLICY NO. 207.716752.40 – CIVIL LIABILITY INSURANCE
In its role as Travel Agency acting as organiser and intermediary for travel and sojourns with offices in Monteriggioni – Strada di Strove, 17, description of the risk: the insurance covers the civil liability of the insured in its role: for damage caused to the person and for damage caused to objects and animals. Maximum coverage: for each accident: 1,549,370.00 Euro; for each person: 1,549,370.00 Euro and for damage to objects and animals: 1,549,370.00 Euro. Territorial Extension: Notwithstanding Art. 7 of the General Conditions of Insurance, the insurance is valid for the whole world.
2. POLICY NO. 207.716751.42 – DAMAGE CAUSED TO THE RENTAL HOUSE
For damage caused accidentally by our clients to the house, including the relative structural systems, installed equipment and gardens, the insurance will reimburse the owners for these damages (franchise: 258.00 Euro, is to be paid by the holiday-maker). Maximum coverage: for each accident: 516,457.00 Euro; for each person: 154,937.00 Euro: for damage to objects and animals: 51,646.00 Euro and for damage caused to the furniture and furnishings: 5,165.00 Euro.
3. POLICY NO. 207.716753.38 – INJURY CAUSED TO THE HOLIDAY-MAKER
For damage not attributable to the negligence of the owner, relative to the buildings, including the relative structural systems and gardens or also the general contents of the property, caused to the client, the insurance will pay up to a maximum of: for each accident 1,549,370.00 Euro; for each person 516,457.00 Euro and for damage to objects and animals 154,937.00 Euro (also if belonging to several persons).
Accidents have to be reported to Cuendet & Cie spa within two days after their occurrence.
6) ARRIVAL AND DEPARTURE
Unless otherwise indicated in the description of the property, arrival/departure must take place on Saturday at the following hours:
Arrival between 5 p.m. and 8 p.m.
Departure between 8 a.m. and 10 a.m.
Each change to the arrival date and arrival time must be advised to CUENDET and be approved by CUENDET at least 3 days in advance. In the case of unavoidable delay on the day of arrival, the holiday-maker must call CUENDET Customer Service Dept. between 4 p.m. and 8 p.m. - Tel. 0577 576310 (from Easter until October).
In the event that the owner or his/her representative are not available and it is not possible to advise the owner or his/her representative of a late arrival, in the event that the late arrival was not previously advised of or in the event that the owner cannot accept a late arrival, the holiday-maker alone is responsible for the cost of the overnight stay in a hotel. On the contrary, if the owner or his/her representative accepts a late arrival and is therefore obliged to make an unplanned displacement to the property or to wait longer than the above mentioned arrival time, he/she is entitled to claim from the holiday-maker the reimbursement of his/her expenses.
7) UPON ARRIVAL
On arrival the holiday-maker must present the rental voucher as well as the passport or identity card of the whole party to the owner or his/her representative.
8) SECURITY DEPOSIT
When the keys are handed over to the holiday-maker, the security deposit, as stated in the CUENDET price list or in the description of the property and on the rental voucher must be paid, in cash and in EURO to the owner or his/her representative. Such amount will be refunded at the end of the holiday less any deduction made for damage caused to the property or for any additional costs that were not included in the rental price. THE OWNER OR HIS/HER REPRESENTATIVE CAN REFUSE ACCESS TO THE PROPERTY IF THE SECURITY DEPOSIT IS NOT HANDED OVER. Should the holiday-maker decide to leave the property prematurely the owner or his/her representative is authorised to refund the deposit to the holiday-maker (less any additional expenses and/or any deductions for damages) only after having checked the inventory and the property in question. CUENDET declines all responsibility in the event of a dispute between the holiday-maker and the owner regarding the deposit.
9) NUMBER OF PERSONS/SUBSTITUTIONS - PETS
Only those persons whose name appears on the Booking Form may use the property. The number of persons (adults and children) must not exceed the number of sleeping places indicated in the catalogue except in the case of infants (up to 2 years old) provided that the holiday-maker brings a travel cot and its relevant bed-linen. Any other exceptions are stated in the property description or in the price list. The substitution of persons during the rental period is forbidden unless previously agreed upon with CUENDET.
Only one pet will be admitted in those properties where the respective symbols INCLUDEPICTURE "http://star15.3.ecasy.com/graph/symbols/symbol_23.gif" \* MERGEFORMATINET - INCLUDEPICTURE "http://star15.3.ecasy.com/graph/symbols/symbol_07.gif" \* MERGEFORMATINET are shown.
Small sized pets are considered animals that do not exceed 8 kg in weight.
The holiday-maker is obliged to advise CUENDET at the time of booking if he/she is bringing a pet, stating its type and size as well. Any costs relative to pets are specified in the description of the property.
It is compulsory for the holidaymaker to supervise his/her pet brought within the communal areas of the accommodation.
10) CLEANING
The properties will be handed over clean and tidy and in good working order. The holiday-maker is obliged to hand over to the owner or his/her representative the amount due for the cleaning of the property in EURO (if shown in the price list or in the description of the property and on the rental voucher). This amount does not however include the cleaning of the kitchen corner/the kitchen/the kitchenette and the removal of rubbish which are the holiday-maker’s responsibility. If this has not been done, the owner or his/her representative is obliged to charge an additional expense in addition to the amount due.
If no cleaning cost is foreseen, the holiday-maker must leave the property clean and tidy. If the property is not handed back in the above-mentioned condition, the holiday-maker must pay the owner or his/her representative on the spot the amount necessary for cleaning the property. If this should not occur, CUENDET reserves the right to request the above-mentioned amount within 14 days from the date in which the owner’s request is received.
11) HEATING
Given the situation regarding energy supply and the laws currently in force, the use of heating (when it can be switched on and off, temperature, etc.) is controlled by regulations which vary from region to region. As an indication, heating appliances may only be switched on between November and April. Consequently, the heating, even when the cost is included in the letting price, can be used only from November to April. The heating costs, if according to consumption, must be paid to the owner or his/her representative on location before departing.
12) EXTERNAL MAINTENANCE
The owner or his/her representative have free access to the property for essential maintenance purposes (garden, swimming-pool etc...).
13) ALTERATIONS - CANCELLATION CHARGES
For any alteration to the booking, or if the holiday-maker intends to transfer his/her booking to other persons, on condition that the accommodation and the period do not change, the holiday-maker has to pay the following amount: Euro 50.-/UKL 30.-/ US$ 70.-/AU$ 80.-.
CUENDET reserves the right to charge the holiday-maker any additional cost relative to the booking. In case of cancellation of a booking, even if it is substituted by another one, the following penalties must be paid IN ADDITION TO THE BOOKING FEES AND ANY OTHER ADDITIONAL CHARGES:
15% of the total rental price if the cancellation is made 75 days or more before the start of the rental period,
25% of the total rental price if the cancellation is made between 74 and 43 days before the start of the rental period,
50% of the total rental price if the cancellation is made between 42 and 30 days before the start of the rental period,
90% of the total rental price if the cancellation is made between 29 and 1 day before the start of the rental period,
100% of the total rental price if the cancellation is made on the arrival day or in case of no show
14) RESPONSIBILITY
CUENDET has visited and checked each property. The descriptions appearing in our catalogue are accurate and have been prepared in good faith. CUENDET declines, therefore, all responsibility for any changes made by the owners without its knowledge, unless the total or partial fulfil of the contract is impossible and the holiday-maker does not accept the partial fulfilment of the contract. In case of problems the holiday-maker undertakes to do his best to solve or minimise them in order to avoid any prejudices that could result.
If the holiday-maker is unable to do this, he must immediately get in touch with CUENDET by telephone on the Saturday evening of his arrival (assistance server from 4 p.m. to 8 p.m. - from Easter until October - Tel. 0577 576310) or by no later than the following Monday evening (office hours from 8.45 a.m. to 1.00 p.m. and from 1.45 p.m. to 5.30 p.m.), confirming his complaints in writing within 24 hours by fax (0577 301193) or by e-mail (customerservice@cuendet.com). The holiday-maker is obliged to give CUENDET the time necessary to solve the problem. Should there be no written complaint supplied as above specified and without an explicit authorisation by CUENDET, the holiday-makers who leave their accommodation prematurely forfeit their rights for a refund of the rental price, unless there is a legal right for them to have cancelled. Complaints received only at the end or after the stay will not be considered and no refunds will be given.
If, for any reason beyond its control including force majeure, CUENDET has to cancel the booking made by the holiday-maker, CUENDET will offer the holiday-maker another property of equivalent standard, provided that
CUENDET is able to provide other solutions. If the price of the alternative property is lower, CUENDET will reimburse to the holiday-maker the difference.
If an agreement cannot be found, both parties can retract from the contract. In this case CUENDET will reimburse the holiday-maker for the sum received for the rental period and no other reimbursements are due.
In case of cancellations not due to reasons beyond control, force majeure or fortuitous event, as well as in case of cancellations not due to the holiday-maker’s non-acceptance of the offered alternatives, the holiday-maker is entitled to what provided for according to article 33, paragraph 2, letter E of the Italian Cod. Cons.
Important information for all holiday-makers:
The properties that CUENDET offers are not official tourist structures, such as hotels, residences, etc. but private houses. Being such, they do not have standards or categories that are internationally recognised, indeed in their architecture and furnishings they reflect the local traditions and the personal taste of the owners.
This is precisely the kind of holiday that CUENDET offers: the chance to partake in the culture of the area chosen, living for a few weeks in the same surroundings as an inhabitant would. In order to live this experience in the right spirit, it is important not only that the holiday-maker accepts but also that he appreciates the differences in the properties CUENDET is proposing in comparison with those where he normally lives. For its part, CUENDET has carefully chosen such properties using a minimum and maximum quality range within which it believes that any European and indeed a citizen of the world can find total satisfaction. CUENDET cannot however exclude the possibility that these differences due to the special nature of its architecture and of traditions in the area can sometimes result in minor inconveniences which however cannot be accepted as complaints.
15) LAW AND JURISDICTION
In the event of controversies arising from the booking and the rental, the Florence Law Court only can deal with the matter and Italian law only applies. Signing the booking form and making the booking implies that CUENDET's General Letting Conditions have been understood and have thereby been accepted without reserve and without exception. If any of the conditions of this contract have become invalid or were invalid or if in this contract there should be a gap, the other conditions cannot be contested.
16) INFORMATIVE REPORT ACCORDING TO ART. 13, Legislative Decree 196/03
Cuendet & Cie. S.p.A., with headquarters in Monteriggioni (SI), Strada di Strove, 17, informs that the personal data acquired during the pre-contractual and contractual phases will be subject to processing for the purposes connected to or instrumental to our activities and that is:
1) for purposes connected to the stipulation of rental contracts, by means of booking procedure, execution and correct fulfillment of the relative contractual obligations. In the case of sensitive data (ex. disabled persons), this data can be processed only through written consent of the interested party.
2) If authorized, for purposes related to promotional information of the tourist programmes; the sending of catalogues; surveying of the satisfaction of Cuendet’s clientele.
The conferment of data for the purposes stated in paragraph 1) is optional but necessary for fulfilling the administrative fiscal contractual obligations provided by law and therefore lack of conferment, and consent where necessary, will make it impossible for Cuendet & Cie S.p.A. to be able to carry out the contractual commitments.
For that which concerns the purposes stated in the aforesaid paragraph 2), the conferment and consent is optional and the refusal of data processing does not produce any consequence.
The data processing will be carried out both in paper form and with the help of modern computer and telematic systems by subjects belonging to the Cuendet & Cie S.p.A. staff responsible for such activities, such as administrative, commercial and booking services, customer service, technical and computer assistance, and parties external to the Cuendet & Cie S.p.A. staff, such as commercial partners, carriers, technical and computer providers, financial institutions, other professionals and insurance companies.
The data will not be subject to communication and/or distribution to third parties if not in compliance with the obligations of the Law and/or contractual, they will be processed in compliance with the law and for the time strictly necessary.
Responsible for the data treatment is the board of directors of Cuendet & Cie S.p.A. located in the company’s registered office.
The interested party can nonetheless exercise his/her rights expressed in paragraph 7 of the Legislative Decree 196/03, in particular the right to know about the existence of the processing of his/her personal data, the origins, the methods and the purposes of the processing, as well as the identity of the person responsible for such activities and any others to whom the data may be transmitted, to request the updating, the correction, the cancellation, the transformation in anonymous form or the blockage of his/her data. Finally, the interested party can oppose, for legitimate reasons, the processing of his/her data.
CUENDET & Cie Spa - Tour Operator
Authorised by the Province of Siena - Authorisation no. 0048 - prot. 01125, L.R.T 51/1986 (L.R.T. = Tuscan Regional Law)