Tourist rental contract

Tourist rental contract

General

These terms and conditions (the "Booking contract") Are to be considered binding for the owner or manager (Oripascal) of the structure (Proprietario o Gestore) and for travelers who book the facility (the Facility) through the website www.oripascal.it. The booking is indicated in the reservation contract as a "reservation". Any references to "the user" or "users" intend to designate the person making the booking and all the people to whom the booking refers.

All booking are subject to the "Booking contract". This Booking Agreement and the confirmation emails sent by the owners / managers (Oripascal) contain the entire agreement between users and owners / managers and constitute the contractual documentation. It is therefore advisable to read them carefully. No clause or provision contained in this Booking Agreement will have any effect on the user's rights recognized by law.

 

Booking procedure

For users, there are two ways to make a reservation, namely:

• book a facility with the owner or manager by paying the sum provided for in the initial quote provided by the owner / manager via the website ("Price quotation"), Once acceptance of the booking request has been obtained. Completed the reservation, the present Booking contract will be effective only after receipt by Oripascal srls ("Oripascal") Of the payment, including the booking fees and the down payment (as defined below) or the full payment, and only after the user has received the e-mail confirming the booking with the cancellation method (as defined below) sent by the owner / manager.

• Send the owner / manager a booking request through the website ("booking request form") And pay the full amount due or the amount provided as a deposit for the booking. Completed the reservation, the present Booking contract will be effective from the moment Oripascal srls has received the full amount due for the structure or the deposit, as well as the booking fees.

If, through the quote or the booking request form, the user is requested to:

• Make a full payment, it will be necessary to pay the full amount of the reservation to Oripascal by the expiration date;

• Paying a sum as a deposit ("Deposit") followed by the payment of the balance ("Balance"), it will be necessary to make both payments to Oripascal within the specified time. The user is required to pay any security deposit ("Security deposit”), the rate for the cleaning and sanitizing service, any other tariffs ("Other tariffs") when making full payment or when paying the balance (based on what is specified in the confirmation email). 

The user is required to carefully check all the details of the quote and the booking request form before making any payments a Oripascal by virtue of the reservation, to read the confirmation emails in full and to immediately inform the owners in case of errors or omissions.

Payment procedure

If the booking fees and the sums due as a deposit have already been paid, it will be necessary to send Oripascal the payment of the balance and the security deposit, as well as any other rates within a certain deadline, prior to the arrival date specified in the email. confirmation ("Check-in date"). In case of non-payment of the balance due to the owners / manager through Oripascal (non-payment, incomplete payment or non-compliance with the deadline), the owners / manager will have the right to consider the reservation as canceled by the user and therefore the provisions enshrined in the cancellation procedure (as defined below).

Cancellation or modification of the reservation by the user.

Should it be necessary to cancel or modify the reservation, the owners must be informed in writing or by e-mail in a timely manner. The link to the Oripascal booking page in the confirmation email allows you to send a cancellation request via the website. However, the owner / manager must be contacted before undertaking the online procedure. The cancellation or modification of the reservation will not be effective until the owner / manager receives the confirmation sent by the user. The cancellation procedure described in the confirmation email ("Cancellation policy") Regulates the management of the reservation; Oripascal will refund any amounts due to the user in accordance with the agreed cancellation method.

In the event that:

• Certain amounts due by way of balance are not paid within the deadlines defined in the cancellation procedure or

• The user does not show up at the property within 24 hours of the arrival date without first informing the owner / manager, the owner / manager will have the right to consider the reservation as canceled by the user. The relevant cancellation policy will therefore apply.

Cancellation or modification of the reservation by the owner / manager (Oripascal)

Normally the owners / managers do not make changes to reservations already agreed and accepted. However, sometimes problems may arise that make it necessary to change or, more rarely, to cancel a reservation. In this case, the user will be contacted in a reasonably useful time and informed of the cancellation or modification of the reservation. If the booking is canceled by the owners / managers, Oripascal will refund the user any amounts already paid to Oripascal. However, the owners / managers decline any responsibility for reimbursement for any fees paid to third parties in connection with the holiday (including but not limited to transport, entertainment, activity or insurance costs).

Structure

The user will be accepted at the facility starting from the time specified by the owner / manager in the indication of the arrival date and must leave the facility within the time specified by the owner / manager in the indication of the departure date. The times will be announced in writing and with due advance. In case of delay in arrival, it is necessary to contact the contact person whose contact details are indicated in the booking confirmation email, in order to allow the necessary measures to be taken. In case of lack of notice, it will not be possible to access the structure. In case of no-show at the property by 12 noon on the day following the arrival date, in the absence of prior notification of the delay, the owner / manager reserves the right to consider the reservation as canceled by the user and will not obliged to reimburse any amounts already paid by the user. For further details, please refer to the cancellation policy.

User obligations

The user agrees to act in accordance with the provisions expressed in the guide available at the property and any other provisions reasonably specified by the owner / manager and to ensure compliance with the same by all persons included in the booking. The user agrees to keep and leave the structure, the furnishings, including items such as kitchen equipment, dishes and glasses in good condition. 

The user agrees not to cause any damage to walls, doors, windows or other parts of the structure nor to take any action that could reasonably be considered as annoying to the owners / managers or any occupants of adjacent or nearby structures. 

The user agrees to take all necessary measures to protect their personal belongings during their stay at the property. You agree to ensure that all persons included in the booking have travel insurance coverage (covering cancellations, flight delays, loss or damage to baggage and other personal belongings) and health insurance coverage (covering any travel expenses evacuation or repatriation). The number of people occupying the structure must correspond exactly to the authorized number; it is forbidden to change the composition of the group during the stay. Pets are allowed only in the presence of a written authorization issued by the owner / manager before arrival. In case of non-compliance with the aforementioned rules, the owner / manager reserves the right to deny the user access to the facility or to request immediate abandonment. In contractual terms, circumstances of this kind are similar to the procedures for canceling the booking by the user. Therefore the owner / manager will not be required to refund any amounts already paid. The owner / manager reserves the right to grant any refunds at his own discretion. 

The user agrees to allow the owner / manager or any representatives to access the facility within reasonable times and hours during the stay, for the purpose of essential repairs, in emergencies or to verify compliance with the booking contract.

 

Complaints

All necessary steps have been taken to ensure users have a fun and memorable vacation. Despite this, if users believe that the basis for submitting a complaint exists, it is essential to ensure that any corrective actions are implemented promptly. 

To this end, it is essential that, in case of problems, users turn to the owners / managers in order to facilitate a quick resolution. It is often extremely complicated (sometimes impossible) to solve problems in the absence of timely notification; the communication of any complaints to the owners / managers during the stay at the facility usually allows problematic situations to be remedied immediately. In particular, complaints of a transitory nature (for example relating to the state of the places or the conditioning of the structure) cannot receive attention in the absence of a communication during the stay at the structure. 

If it is not possible to remedy a problematic condition during the holiday, it will be necessary to send the owners / managers a written communication also via email, including all the details within 28 days from the end of the stay. For the avoidance of doubt, the user is always required to contact the owners (Oripascal) in case of complaints relating to the reservation or the structure.

 

Limitation of Liability

Maximum liability in the event of losses resulting from a breach of this Booking contract by the owners / managers is strictly limited to the amounts received by virtue of the booking. The owners / managers decline any responsibility in case of losses not foreseeable due to the violation of the present document Booking contract. For losses predictably attributable to violations of the Booking contract are understood losses contemplated by users and owners / managers at the time of booking confirmation. 

The booking refers to the purchase of a service for tourist purposes; the user therefore agrees to indemnify the owners / managers (Oripascal) from any liability in the event of commercial or other losses occurring to the detriment of the user.

 For the avoidance of doubt, the owners / managers (Oripascal) declines any responsibility towards users for:

• Problems related to payments caused by errors in payment solutions provided by third parties;

• Refusal to process payment transactions imposed by third party payment solution providers.

 

The above does not exclude or limit in any way the liability of the owners / managers in the event of death or personal injury caused by negligence or intentional misinterpretation of the facts, nor in the event of any other facts for which it would be illegal to exclude, limit or attempt to exclude or limit the liability of owners / managers (Oripascal).

 

Jurisdiction and applicable law

The present Booking contract (including any non-contractual obligations arising under the same) stipulated between users and owners / managers (Oripascal) is governed by the laws in force in Italy. Both parties agree to entrust exclusive jurisdiction in the event of disputes or other disputes to the Court of Tempio Pausania SS (Italy)

 

Various and possible

The transfer of the booking or other rights and responsibilities set forth herein to third parties is not permitted Booking contract, without the prior written consent of the owners / managers. If at any time, the arrangements agreed herein Booking contract are deemed inapplicable for any reason., by virtue of any applicable law, these provisions will be invalidated; such invalidation will have no effect on the remaining provisions. The present Booking contract, together with the cancellation procedure and the contents of the confirmation emails, contains the entire agreement stipulated between the parties in relation to the booking and replaces any previous agreements, arrangements or compromises between users and owners / managers in oral or written form. No declaration, commitment or promise, implicit or explicit, in oral or written form, occurred in the course of negotiations between users and owners / managers, prior to receiving the confirmation email, will be considered binding unless explicitly expressed herein. Booking contract. No protection is guaranteed to users and owners / managers with respect to any false statements issued by one of the parties that have affected the adhesion of the other party to this Booking contract (except in cases where such false statements were made intentionally); the only protections reserved to the parties are those provided for in the event of breach of the contract, as established herein Booking contract.

 The owners / managers (Oripascal) decline any responsibility with respect to the violation of this Booking contract or any other liabilities arising from insolvency or delay resulting from circumstances beyond the reasonable control of owners / managers, including but not limited to floods, fires, explosions or accidents.

ORIPASCAL SRLS P.Iva 03933020921 REA: CA 350225 E-Mail: oripascal.srls@gmail.com PEC: oripascal.srls@pec.it tel +39 3384644734 Sede Legale: 09067 Elmas (CA) Via Iglesias n.5 Sede operativa: 07038 Trinità D’Agultu e Vignola (SS) Via Tinnari n.36