Terms and conditions
Booking terms and conditions of goTaormina.com
Our terms and conditions, valid for all contracts:
1. Partners to contracts
Italian Real Estate Ltd. mediates holiday accommodations and hotel rooms in the name and on account of a third party. The contract relationship is always held between the owner of a rental object and the respective tenant.
Italian Real Estate Ltd. always serves as a mediator in sense of a sales representative.
Therefore Italian Real Estate Ltd. concludes a rental treaty in the name of the concerned landlord and the tenant. It is part of this treaty that only the owner of the object named in the rental contract is liable for the fulfilling of this contract. If requested, we will forward the contact data of the landlord to the tenant.
Any claims from the contract only concern the landlord and the tenant.
2. Conclusion of a contract for holiday apartments and houses
2.1. By entering a reservation the tenant offers Italian Real Estate Ltd. the binding conclusion of a rental contract for his requested object. The petition can be done online, in writing, verbal or by telephone. It is also valid for any participants included in the petition. The tenant (as partner in the contract) has to take the responsibility for the participants to fulfill their obligations as well as his own obligations.
2.2 The contract completes with the acceptance of Italian Real Estate Ltd. on behalf of the owner of the corresponding object. The acceptance does not require a distinctive form. With the conlusion of the contract or immediately after that, Italian Real Estate Ltd. will send a binding confirmation of the reservation to the partner to the contract
In case that the confirmation of a reservation could not be sent or not be sent in time on account of a technical fault due to the tenants' responsibility, a binding contract between the tenant and the landlord has still been achieved.
In case that the content of of the confirmation differs from the content of the petition, then it is to understand as a new offer binding Italian Real Estate Ltd. for 5 days. The rental contract based on this new offer will be valid if the tenant confirms his agreement within the period of 5 days and/or makes the payment of 20% of the agreed price.
2.3. Special requests and verbal arrangements concerning the rental object or any other effort to be performed by Italian Real Estate Ltd. are only valid when confirmed in written form. The concluded rental contract will be legally valid irrespective of the fulfilling of special requests.
3. Conclusion of a contract for a hotel room
3.1 The contract will be exclusively made between the hotel and the tenant. Italian Real Estate Ltd. Italian Real Estate Ltd. always serves as a mediator in sense of a sales representative. Therefore Italian Real Estate Ltd. concludes a rental contract in the name of the concerned hotel and the tenant. It is part of this treaty that only the hotel is liable for the fulfilling of the contract. If requested, we will forward the legal form, the legal representative and the direction of the hotel to the tenant.
3.2 In case of a non-guaranteed reservation the hotel will maintain the reservation until 18:00 o'clock local time. If the arrival has not taken place until 18:00 o'clock local time, the hotel will cancel the reservation free of charges. After 18:00 o'clock the tenant looses his claim to accomodation. In case the arrival should take place after 18:00 o'clock, it is recommendable to inform the hotel about the approximate arrival time.
3.3 In case of a guaranteed reservation, means a confirmed reservation by Italian Real Estate Ltd., the reservation does not expire and the hotel will keep up the reservation for one night.
3.4 A binding hotel reservation is only made with an explicit confirmation of reservation by Italian Real Estate Ltd.. The tenant has to provide the possibility that this confirmation of reservation can be transmitted to him by eMail and by fax. In case that the confirmation of a reservation could not be sent or not be sent in time on account of a technical fault due to the tenants' responsibility, a binding contract between the tenant and the hotel has still been achieved.
3.5 A hotel is entitled to charge the amount of nights or the cancelation fee in case of a cancelation out of the stipulated period or in case of not-arriving to a guaranteed reservation, individually according to the propriate terms and conditions of the concerned hotel. Usually the cancelation fee is the charge of one night.
The hotel reserves the right to charge cancelation fees according to its propriate terms and conditions and to reverse an entry, if the tenant does not arrive in time or if the tenant does not inform neither the hotel nor Italian Real Estate Ltd. about his delayed arrival. In such a case the tenant has no claim for fulfilling or comprehension.
4. Performances and prices
4.1 The performances recorded in the contract result from the respective description and price calculation in the internet as well as from the statements refering to those informations in the confirmation of the reservation. Unless otherwise provided, the performances and prices can be described as following.
4.2 The published prices for rental objects are placed on a daily base according to the corresponding price period. As far as there is a description of type besides the amount of persons in the description of the object, it is a matter of various equal apartments, houses or hotel rooms. In this case there will be only one object presented in the detailed view on the internet. The differences between these objects are possibly described in the text. The minimum rental time is usually 3 days (in hotels 1 day). Depending on the object and the season the minimum rental time can be more or less. Arrival and departure will always be arranged in the reservation or rather in the confirmation. The entry and departure of the rented object can only be arranged within the usual business schedule.
4.3 The offered prices - if not agreed differently- include the usual consumption of energy and the final cleaning. In individual cases consumption of energy will be calculated by measurement. If this is the case then it will be mentioned in the description of services or in the price list. The final cleaning is being calculated seperately and individually posted in the calculation of the total renting price. If any other additional services (e.g. washing service, local tax, etc.) should effect the price calculation, then they will be also mentioned in the description text of the object. The prices do not include any additional services like additional cleanings, additional changes of sheets and linen, wood for a chimney, pick-up service, etc.).
4.4 The infrastructures of a place or an object mentioned in the internet, on the telephone or in the confirmation of reservation (e.g. transportations, shops, restaurants, sport facilities, pools, etc.) are not part of the contract. The landlords decide on their own responsibility about schedules, quality and quantity of those performances. The same is valid for public and private suppliers (like waterworks and powerstations). Details about weather conditions, water temperatures, conditions of beaches, public transpotation schedules, etc. are not assured.
4.5 Special offers and last-minute offers are being rented by the rule of first-comes-first-gets. Decisive is not the moment of the reservation, but the moment of the arrival of the advanced payment.
5. Changes of services and prices
5.1 The statements given in the internet (description of services, prices) are generally binding for the landlords. The concerned landlord is exclusively responsible for the fulfilling of those statements. Italian Real Estate Ltd. is only responsible in case of culpable negligence describing an object falsly or incompletely. The statements to the objects are provided by the landlords. Later changes of the renting object by the landlord are generally chargeable to the landlord.
5.2 Changes or deviations from the agreed contents of the contract concerning single performances, which became necessary after the conclusion of the contract and which have not been caused by us in good faith for the landlord, are only permitted as far as these changes and deviations are insignificant and do not seriously lower the character of the promised performances in the contract. Otherwise the tenant has the right to withdraw from the contract within 5 days after the receive of the announcement without any charges. Alternativelly the tenant has the right to demand an at least equivalent rental object, if Italian Real Estate Ltd. is able to provide such an alternative rental object without additional costs from the list of offered accommodations. In case of withdrawal from the contract, realized payments will be immediately refunded if the deviation of agreed performances are serious and justifiable from the landlord.
5.3 Claims for guarantee or demages can only be aimed against the concerned landlord.
5.4. In case of a period of more than 3 month in between the conclusion of the contract and the confirmed entry date, Italian Real Estate Ltd. in the name of the landlords reserves the right to change the quoted and confirmed prices in the final confirmation in case of either an increase or introduction of taxes for services provides by us or the landlord or changes in for the object common exchange rates. These changes can be done in extend of the increase of the rental price per tenant.
6. Arrival and departure / shortening or prolongation of the distance
6.1 If not confirmed any different, the check-in time for holiday apartments and houses should be in between 15pm and 22pm, the check-out time until 11am. If the tenant arrives later than 22pm, then he has to inform Italian Real Estate Ltd. in time.
In case that the reserved object can not be entered at the confirmed time, e.g. due to increased traffic, strike, personal reasons, etc., the complete rental price is still to pay. Key handovers out of the usual or confirmed point of time can lead to additional costs and/or be rejected by Italian Real Estate Ltd. or the keeper of the keys. The next possible moment for handing over the keys in case of late arrival will be the following working day within the usual business schedule. The total rental price will still be owed even if the tenant leaves the object early.
6.2 A prolongation of stay needs to be coordinated with Italian Real Estate Ltd. in time.
6.3 Italian Real Estate Ltd. will try to get a refund from the key player for spared performances if a tenant does not take up this performance partially or completely. This obligation drops if it is a matter of insignificant performances or if contractual, legal or official regulations stand in the way. A general claim to refund in case of not used performances does not exist.
7. Withdrawal / Change of reservation / Extra persons in apartments and houses
7.1 The tenant is entiteled to cancel the reservation any time before the entry date. Authoritative for the amount of the upcoming cancelation fee is the moment of entrance of the announcement of resignation at Italian Real Estate Ltd. In case of doubt the proof of the entry date of the announcement has to be furnished by the tenant. An announcement of resignation against the landlord is only valid if Italian Real Estate Ltd. has been informed about the resignation by the tenant at the same time.
The resignation (cancelation) of a confirmed reservation leads to cancelation fees. If the reservation of an apartment or house has been confirmed by Italian Real Estate Ltd. (a rental contract has been concluded and the advanced deposit has arrived) then cancelation fees will be charged.
These costs depend on the point of time when the reservation has been canceled.
The costs of cancelation are:
- withdrawl until 60 days before rental begin -> 40Euro cancelation fee
- withdrawl from 59 days until 43 days before rental begin -> 50% of the advanced deposit
- withdrawl until 42 days before rental begin -> no refund of the advanced deposit
7.2 The tenant can demand until the begining of the rental period that a third person instead of himself stands for his rights and duties from the rental contract (substitute tenant). Italian Real Estate Ltd. is entiteled to reject the acceptance of this substitute tenant, if his participation doesn't fulfill certain requirements, contractual, legal or official regulations.
7.3 If a third person stands for the contract, then the contractual tenant and the third person are liable as debtor of the rental price and the extra costs resulting from the entry of the third person.
7.4 The cancelation fee will not be charged for the period of renting to the substitute tenant as long as the tenant provides an adequate substitute tenant or Italian Real Estate Ltd. is succesfull in renting it on to another client.
7.5 The regulations for resignation and cancelation of hotel/hostel rooms are substantialy explained under point 3 of these terms and conditions.
8. Force majeure / limitations
Both partners to the contract, the tenant and the landlord, are entitled to withdraw from the contract before the entry date or cancel the contract after the entry date, if at the time of conclusion of the contract unforeseeable or unavertable circumstances make the stay in the rental object impossible, reduce the value seriously or endanger the stay. These circumstances could be e.g. war, unrests, natural desasters, suddenly occuring deterioration of the object, official prohibitions or limitations, etc.
Already paid rents will be refunded. The landlord as well as Italian Real Estate Ltd. can insist on a appropriate compensation for completed or still to complete performances.
Neither Italian Real Estate Ltd. nor the landlord can be commited to provide a replacement or compensation.
9. Duties of the partners to the contract
9.1 Th partner to the contract as well as the other participants have to treat the rental object, its inventory and eventual communitary ficilities with care. Existing rules of the house are to observe.For neighbours in particular consideration is to be shown.
9.2 The partner to the contract has to leave an appropriate deposit at the key handover. This deposit will be refunded at the check out when the rental object is given back in proper condition.
9.3 The rental object can only be occupied with the amount of persons confirmed in the final confirmation. Any additional persons can be rejected or separately charged by Italian Real Estate Ltd.
9.4 The cleaning of kitchen equipement, dishes and cutlery is part of the clients duty and not included in the final cleaning. If this cleaning doesn't take place or isn't done properly, the landlord has the right to charge the extra costs for this cleaning and to take these costs out of the deposit.
9.5 In case of any demage to the rental object by the partner to the contract or a participant, the landlord or Italian Real Estate Ltd. are to inform immediately. He is responsible for all demages caused by him or any other participant while staying in the rental object.
10.1 The tenant carries an obligation to contribute to the solution in case of any appearing fault in performance in order to keep demages as low as possible. The tenant especially has the responsibility to announce any complaint imediately to the landlord or to Italian Real Estate Ltd.
10.2 If the tenant does not fulfill this obligation then he has no right to any claims. In case the rental object is not in proper contractual condition or the tenant or any other participant receive demage then the tenant can demand to take remedial action. The tenant as partner to the contract has to consult the landlord imediately asking to take remedial action. If the landlord is not known to the tenant then he has to contact Italian Real Estate Ltd. or the key holder imediately to receive the contact data of the landlord or to forward the complaint in the name of the tenant to the landlord. Italian Real Estate Ltd. is not responsible for removing any complaints in any case. The removal is exclusively duty of the landlord.
10.3 Italian Real Estate Ltd. is not entitled to accept any claims or to make legally binding statements. The tenant has to assert his claims in writen form against the landlord for not fulfilling performances according to the contract within one month after the contractually designated end of the rental period. When required Italian Real Estate Ltd. will forward the exact address of the landlord. It is condition to any claim that performances or accepted substitute performances have not been fulfilled according to the contract, that the defect has been imediately announced and that remedial action has not been taken or was not possible.
10.4 If the performance of the rental object is reduced seriously due to defects, then the tenant has the right to terminatel the contract. As a rule it is condition that the tenant has claimed a solution from the landlord granting a reasonable grace which must have passed without results. There's no need to grant a grace if a solution is impossible.
11. Partners to the contract - liability - lapse
11.1 Partners to the contract are the tenant and the landlord of the corresponding rental object. Only the landlord of the object named in the rental contract and the tenant are responsible for any claims of this contract. The fulfilling of the performance is responsibility of the landlord. Any claims of guarantee must be directed exclusively towards the landlord.
This is also valid in case of Italian Real Estate Ltd. receiving payments acting on behalf of the landlords or providing other performances on behalf of the landlords and/or the tenants.
Claims against Italian Real Estate Ltd. can only be asserted if Italian Real Estate Ltd. had acted in culpable negligence fulfilling acknowledged orders by the landlord. In particular claims to the fulfilling of performances concerning the rental object can not be asserted against Italian Real Estate Ltd.
11.2 Claims for demages are limited or excluded as far as according to international agreements or legal regulations based on such agreements which are applicable to the performances to be fulfilled by the
11.3 For claims out of the contract a lapse of one year is considered as agreed after one month (compare to 10.3) irrespective of a necessary completion of the claims. The lapse begins with the day of the designated end of the rental period.
12. Passport, Visa and health regulations
The tenant is obliged to be informed about valid passport, visa or health regulations and has to take personal care of their fulfilling. Any disadvantages, especially the payment of resulting cancelation costs resulting from not following these regulations, are on the tenants charge.
13.1 This contract is determined after spanish rights.
13.2 The court jurisdiction for claims against the landlord is the residence of the landlord, for claims against Italian Real Estate Ltd. it's Kingston, United Kingdom and for claims against the tenant it's his residence.