Terms and conditions
1) IDENTIFICATION OF THE PARTIES
Business agent: business agent, through this website www.italiasolaris.com, is Italia Solaris s.a.s. di Marina Cefali, hereinafter "Italia Solaris", email: [email protected]. Italia Solaris acts by virtue of a commercial agreement with the service provider, from whom it receives a commission for the contracts concluded; Italia Solaris does not add any costs or receive any commission charged to the user, but merely operates a system of bookings in favour of the service provider and collects the corresponding fees.
By making a reservation via one of the formats available on the website www.italiasolaris.com or by email via the email address: [email protected], the agreement shall be deemed to have been concluded between the following parties: - Service Provider: Service Provider/accommodation facility shall be the facilities chosen for the stay or the individual providers of the requested service; - User: a person who makes a reservation for themselves and/or other members of the group, through Italia Solaris, for a service offered by the Service Provider.
2) BOOKING PROCEDURE
When making a booking request via one of the formats available on the website www.italiasolaris.com or by email via the email address: [email protected], the User will receive an email containing the conditions and main features of the requested service, as well as details on how to make payment. The User is obliged to check that the quote received corresponds exactly to the service requested; in the event of any discrepancies, he/she shall promptly notify Italia Solaris so that it can (where possible) make the change. Any further booking of a given tourist service made by the user through Italia Solaris, even if it relates to the same holiday, shall in no case result in a connection between the different bookings, which shall be handled and regulated separately.
3) BOOKING CONFIRMATION AND PAYMENT METHODS
Italia Solaris collects the amount of the service or stay on behalf of the Service Provider; payment is therefore deemed to be made to the Service Provider, who will issue the user with a receipt or invoice for the price paid.
In order to confirm a booking, a 20% deposit must be paid to the Service Provider - and on its behalf to Italia Solaris - (unless otherwise specified at the time of booking); the balance shall be due within 40 or 50 days (depending on the service booked). Should the date of the service be earlier than 40 or 50 days as specified above, the full amount of the booked service shall be due. In the event that the balance is not paid by the due date, Italia Solaris may consider the booking to be cancelled and will contact you to notify you of this and to proceed, where possible with reference to the penalties stipulated, to refund the deposit paid. Rates may change at any time, but changes will not affect purchases for which the User has already received booking confirmation.
Once payment has been received, the agreement with the Service Provider shall be deemed concluded, with the assumption of the mutual rights and obligations set forth in these terms and conditions as well as arising by law. Once payment has been received, Italia Solaris shall send the user a final confirmation email with the detailed voucher. By making payment, the User acknowledges and accepts that he/she has been adequately informed of the conditions of the requested service.
The accepted means of payment are:
Bank transfer, Paypal, Credit card
Subject to agreement with Italia Solaris, and provided that the service provider is willing to do so, payment may be made directly to the service provider; in this case, the user shall be required to provide a credit card as guarantee.
4) AGREEMENT TITLE
The user who has made a booking with the Service Provider through Italia Solaris assumes towards the Service Provider all rights and obligations arising from the booking contract, from which Italia Solaris remains in any case unaffected.
5) PERSONAL DOCUMENTS
In order to use the services purchased, it is necessary to be in possession of appropriate personal documents (e.g. identity card, passport or visa) or other documents required by the competent authorities in relation to the destination and passengers. Travellers, especially underage or foreigns, must inform themselves well in advance of the rules for expatriation provided by the country of departure, transit and destination, as well as those provided by the Service Provider.
6) OBJECT OF THE SERVICE RENDERED BY ITALIA SOLARIS AND ITS LIABILITY
As clarified in paragraph 1) above, Italia Solaris merely acts as an operator of a booking and collection system in favour of the Service Provider; the service offered by it, therefore, does not fall within the scope of the provisions of Legislative Decree 23/5/2011 No. 79 (Tourism Code), even in the presence of more than one booking per stay, in accordance with the provisions of paragraph 2 above.
Users may assert any liability arising from the non-performance or improper performance of services booked through Italia Solaris solely against the Service Provider, it being understood that the User may contact Italia Solaris through the usual channels (email address or telephone number) in order to mediate with the Service Provider.
Italia Solaris undertakes to reimburse in full any payments received for services not rendered due to its insolvency.
7) TRANSFER OF THE CONTRACTUAL RELATIONSHIP
The agreement reached with the Service Provider through Italia Solaris is personal and nominative. The User may transfer it to third parties only if Italia Solaris, upon the User's request via the e-mail address: [email protected] informs the latter that it has received the relevant consent from the Service Provider.
All prices for the facilities offered by the Service Providers are indicated on the website www.italiasolaris.com, are quoted in Euro and include VAT. Any additional charges is specified in the relevant online description sheet or quotation sent to the customer.
9) PROPERTY FEATURES
The characteristics of each property and unit are those provided to Italia Solaris by the Service Providers and indicated in the description sheet published on the website www.italiasolaris.com. Italia Solaris shall not be held liable for any lack of conformity between the characteristics described in the description sheet and those on site.
Facilities offered on www.italiasolaris.com are generally operated by professional hosts. In compliance with EU consumer protection legislation, if the accommodation facility declares to Italia Solaris that it is operating as a private host, this will be specified on the facility's page. Italia Solaris is supposed to ask accommodations whether they operate as private or professional hosts, but is not obliged to verify this status.
The facilities offered on the website www.italiasolaris.com are advertised with names that relate to the geographic location or specific characteristics of the facility itself. For each facility published on the site, a map is visible with its location, as well as distances to main roads, ports, airports, beaches and points of interest. The correct names and contact details of the facility are of course indicated in the voucher sent to the user together with the booking confirmation.
10) CHECK IN, CHECK OUT AND REFUSAL TO HAND OVER KEYS
The accommodation management will take care of check in, check out and handing over the keys according to the accommodation's internal rules. Upon arrival, it will be necessary to show the booking confirmation (voucher) and a valid identification document for all persons for whom the booking has been made, in order to enable them to register with the competent authorities.
Delivery of keys and access to the unit may be denied in the following cases
- non-compliance between the personal details provided at the time of booking and those resulting from the identification documents;
- lack of a valid and suitable identification document on the part of the tenant/subtenant or any of the persons who will be staying with him/her.
The handing back of the unit to the Service Provider - "check out" - is regulated by each Service Provider according to its own rules, and the consequences of failing to comply with the check-out time shall also be regulated by the Service Provider. Some Service Providers apply an extra charge for late return of the unit.
11) EQUIPMENT, FAULTS AND SHORTAGES
All units are furnished and equipped as indicated in the online description sheet for the property. Any damage or breakdown to the property, furnishings, equipment and services must be reported promptly to the facility management.
Any disappearance of personal items occurring within the facility shall give rise to the relevant legal obligations and shall be settled between the User and the Service Provider on the basis of the rules established by the latter.
Any complaints regarding the property, furnishings, amenities, services, utilities, as well as any emergencies that may arise during the stay must be made to the management of the property or to Italia Solaris as intermediary. These must be submitted as soon as possible and always before the end of the stay in order to allow the facility to intervene or Italia Solaris to contact the property and clarify the problem.
As an intermediary, Italia Solaris is not liable for any claims for reimbursement or compensation payments, nor may these be made without the consent of the accommodation.
13) CHANGES TO THE RESERVATION
Italia Solaris will process any booking change requests made by the User, subject to availability, following a request to the email: [email protected]. In the event of lack of availability, the User shall have the right to withdraw (see point 14) or to make a new booking.
14) RIGHT OF CANCELLATION
The User's right of withdrawal/cancellation - unless otherwise specified on the quotation - shall be implemented in the following manner:
- the request for cancellation must be made by email through the email address: [email protected], with verification of receipt;
- the fee paid shall be returned after deduction of penalties, the amount of which (to be applied to all services booked and all facilities except flats) is determined as follows.
a) up to 30 days before the start date of the stay: the only collection and return charges due to the payment method.
b) 29 to 7 days before the start date of the stay: 50% of the full amount
c) less than 7 days before the start date of the stay: 100% of the full amount
For flats, the fee paid will be returned after deducting the following penalties:
a) up to 46 days before the start date of the stay: the only collection and return charges due to the payment method
b) from 45 to 30 days before the start date of the stay: 30% of the full amount
c) 29 to 15 days before the start date of the stay: 50% of the full amount
d) less than 15 days before the start date of the stay: 100% of the full amount.
Italia Solaris recommends to purchase a travel insurance to cover any trip/booking cancellation.
15) FORCE MAJEUR
In the event that force majeure should make it impossible to provide the User with the unit or service subject to the reservation, Italia Solaris will endeavour to find accommodation with similar characteristics at the same or a different service provider in the same or a different location. In the event that a replacement is not possible or in the event that the User does not accept the reservation, Italia Solaris will cancel the reservation and refund the User the full amount paid, without the User being able to make any claims or demands for compensation for any reason whatsoever. Acceptance of the property or the replacement service implies a waiver of any right to any refund or claim for compensation of any kind.
16) BEHAVIOURAL RULES
The rules of the facilities are defined by each Service Provider and it is the User's obligation to become familiar with them on site.
17) CHANGES AND INNOVATIONS
As a rule, the reserved properties are not subject to any changes or innovations by the User, except with the express written consent of the Service Provider.
The description of the facility indicates whether or not pets may be admitted; where nothing is said to this effect, it is presumed that the service provider prohibits them from entering the facility, unless the service provider in fact authorises their presence during the user's stay.
19) ARCHIVING AND CONSULTATION OF THIS AGREEMENT
This agreement concluded with the User will be stored in a computer database at the web provider.
20) NULLITY AND INEFFECTIVENESS OF CLAUSES
If any clause included in these Terms and Conditions is declared wholly or partially null and void or ineffective, such nullity or ineffectiveness shall relate only to that provision, and these General Terms and Conditions shall remain in force in all other respects.
21) APPLICABLE LAW AND JURISDICTION
Italian law shall apply exclusively to the entire legal relationship between the User and Italia Solaris. The place of jurisdiction with respect to the interpretation and execution of this contact shall be Messina, to the exclusion of any other judicial authority having jurisdiction by law, subject to any regulatory provisions that provide otherwise in favour of the User.
22) HANDLING OF PERSONAL DATA
23) ADDITIONAL CLAUSE
The reservation of the service offered by the Service Provider by the User implies full acceptance of these general conditions; in particular, the User declares that he/she has read these conditions and has the authority to accept them also on behalf of all the members of the group indicated in the reservation.