Booking Terms & Conditions
When the following words are used throughout these Terms and Conditions, this is what they mean:
1.1 Booking/Rental booking: your request to occupy the Property for self-catering holiday accommodation for a defined and limited period of time as made via our website stayatmagaridomani.com, or by phone or by another means.
1.2 Booking Confirmation: the written confirmation sent by Us to You confirming the agreement for You to occupy the Property during the Rental Period.
13 We/Us/Our: the Owners of the Villa / house Magari Domani.
1.4 Property: the Villa Magari Domani and its grounds at Colle di Crispiero, Castelraimondo, Macerata Italia and as otherwise defined within the Booking Confirmation.
1.5 Rental Period: the period of time for which We will make available the Property to the Guest / Responsible Person as set out in the Booking Confirmation.
1.6 Terms/Conditions: the Terms and Conditions set out in this document, the Property Specific Terms and any other Terms referred to in these Terms and/or provided to You by Us.
1.7 You/Your/Guest(s)/Responsible Person: the guest and or his/her invitees to the Property. The Lead Guest is the Responsible Person whose details are on the Booking Confirmation.
1.8 Agent/Nominated Representative: are local people, tradespeople or technicians retained or contracted by the Owners to help with the maintenance and operating of the Property and the grounds.
1.9 When We use the words "writing" or "written" in these Terms this will include email unless We state otherwise.
2.0 Booking and Payment
2.1 A Booking is only accepted when We have given you a Booking Confirmation. An agreement to rent the Property is created between You and Us when We send the Booking Confirmation AND have received a deposit from You equivalent to 25% of the price of the holiday rental Booking.
2.2 The price of the Booking will be set out in the Booking Confirmation. You will be informed of the price at the time You place your Booking.
2.3 Payment will be made by Bank Account Transfer to the details provided.
2.4 Bank Account transfers must be received as cleared funds by the date specified in your Booking Confirmation. All bank charges with relation to bank transfers are borne by the Guest.
2.5 Should IVA or VAT ever become chargeable, it is included in the price set out in the Booking Confirmation.
2.6 To confirm a Booking a non-refundable deposit equivalent to 25% of the holiday rental booking is required ("Booking Deposit"). Once your Booking Deposit has been paid You will receive the Booking Confirmation.
2.7 We shall assign a reference number to your Booking. Please try to quote the reference number in any communication with Us as it will make it easier for Us to respond to You
2.8 The full balance must be paid 7 weeks (49 days) prior to Your arrival. Payment of the balance is non-refundable in the event of cancellation by You. If the Rental Period is less than 7 weeks (49 days) from the date of Booking, full payment will be required at the time of Booking.
2.9 Should the balance not be paid by You by the date reflected in clause 2.8 above, We reserve the right to terminate the rental agreement.
3.0 Booking Conditions
3.1 By submitting a Booking, You confirm that You have fully read, understood and agreed to these Terms and Conditions.
3.2 You must be at least 18 years old when You make your Booking with Us and by making a Booking you confirm that you are at least 18 years old.
3.3 The number of persons occupying the Property must not exceed the maximum number stipulated in the property description. We reserve the right to refuse entry to all Guests (or to require Guests to vacate the Property) if this condition is not adhered to.
3.4 Requests for additional Guests must be agreed with Us at least 72 hours (3 days) in advance of Your arrival date and the start of Rental Period.
3.5 All Guests agree to arrive and leave the Property at the dates and times set out in the Booking Confirmation (unless any other arrangements have been agreed in advance in writing with Us). The Property will not be available at any times outside of the times reserved by You and confirmed by Us. We reserve the right to make a reasonable additional charge in the event that You have not left the Property by the agreed departure time as your delay will impact on Our ability to prepare the property for subsequent guests.
3.6 This Booking agreement is made on the basis that the Property is to be occupied by the guests as a holiday let within the meaning of the definition of the UK Housing Act 1988 Schedule 1 Paragraph 3.8, and section 12(2) and paragraph 8 of Schedule 4 of the Housing (Scotland) Act 1988 apply. The Guests acknowledge that the licence granted by the rental agreement entered into is not an assured tenancy and that no statutory periodic tenancy will arise when it ends. You undertake to use the property solely for its purpose as self-catering accommodation for the period confirmed to You by Us in the Booking Confirmation.
3.8 The Responsible Person will assume responsibility for the compliance of all Guests with these Terms and Conditions.
3.9 Your right to occupy the Property may be forfeited and You may be required to vacate the Property without compensation if:
3.9.1 More people than are declared at the time of Booking attempt to occupy the property and/or to use any of the facilities at the property;
3.9.2 Overnight guests are entertained without Our prior written consent;
3.9.3 Any activity is undertaken which is illegal, or which may cause unreasonable noise, nuisance, damage to the property or its contents, or disturbance to our neighbours;
3.9.4 There is any smoking or use of vaping products inside the Property.
3.9.5 You bring a pet or pets onto the Property
3.9.6 If you remove furniture from the inside of the Property without written permission to do so. Outdoor furniture and accessories are provided so there is no need to move any internal furniture.
3.9.7 You create open flames or use the fireplaces internally without having got written permission from us to do so. Our property is a dependent on its chestnut and oak trusses and beams to stay upright and wildfires are always a risk in our location.
3.10 You shall keep the Property and all its furniture, fixtures, fittings and effects in or on the Property in the same state of repair as at the commencement of Your Rental Period, and will leave the Property in the same state of cleanliness and general order in which You found it.
3.11 You will always leave the property secure, locking doors, closing windows and shutters if You are leaving it unoccupied when out sightseeing, dining out or similar activities, at any time during Your Rental Period.
3.12 We only agree to your stay at the Property for domestic and private use. You agree not to use the Property for any commercial or business purposes and in no circumstance will You re-let or sub-let the Property.
3.13 You confirm that the information You have provided to Us is true, accurate, current and complete information in all respects. Should any information You provided change You should notify Us immediately. We will not be liable if any incorrect information provided by You results in Us being unable to perform Our commitments within the rental agreement.
4.0 Cancellation Policy
Please see our separate Cancellation Policy.
5.0 Travel Insurance
5.1 It seems that We live in an increasingly volatile and unpredictable world and that is why we do recommend that You take out comprehensive cancellation insurance that covers Italian self-catering holidays due to situations such as earthquakes, viral pandemics, adverse weather, ill health and bereavement.
6.0 Changes To Bookings or Terms
6.1 We may revise these Terms and Conditions at any time.
6.2 If We revise these Terms or the Terms of the Booking so as to materially affect Your Booking, We will give You reasonable written notice of any changes and You can choose to cancel the rental agreement. In the event of such a cancellation, We will refund any sums that have already been paid.
6.3 You may request a change to your Booking by contacting Us.
6.4 Any changes to the Booking are permitted at Our sole discretion.
6.5 Alterations to confirmed Bookings will be charged a £40.00 administration fee (in addition to any changes in price caused by the dates of the amended Booking) where a revised Booking Confirmation notice is issued.
8.1 We have put together the information on Our website stayatmagaridomani.com and any authorised third-party websites or advertisements as accurately as possible, however no warranties or representations (express or implied) are given in relation to the content on Our website.
8.2 We make reasonable effort to ensure that the Property details are accurately reproduced. However, we are fallible and mistakes may occur from time to time and confirmation should be requested prior to Booking.
8.3 The Guests accept that minor differences between text/photograph/illustrations on the website and the actual Property may arise. We cannot accept responsibility should the Property not conform to the Guests expectations or standards or any images on Our website.
8.4 If a facility is particularly important to you, please just check with Us prior to your Booking.
8.5 Occasionally, unforeseen problems might mean that some facilities or services (such as wifi) become unavailable, and if this is the case We will tell You as soon as reasonably practical after We have been made aware of the situation. Please see clause 13 for further information on wifi access. We won’t compensate for any temporary outage of electricity, gas, water or internet connection.
8.6 We cannot accept responsibility for any changes or closures to local area amenities or attractions mentioned on the website or advertised elsewhere.
9.0 Duration and Times of Rental
9.1 The Property will be available to You after 1500hrs on the start date of the Rental Period and You should leave by 1000hrs on the last day of the Rental Period, unless otherwise agreed in writing with Us or specified in the Property Specific Terms.
9.2 Where there is a variation to check in and check out times written notification to You will be provided by Us through the Booking Confirmation.
9.3 The period before and after your stay is likely to be booked by other guests, so please respect the stated check in and departure times so that We have enough time to prepare for the next group of guests (the result of your late departure could incur charges as a result of housekeeping staff being prevented from accessing the property at the agreed departure time).
10.0 No Smoking/Vaping Policy
10.1 Our property is non-smoking/non vaping. Smoking or the use of vaping products is not allowed anywhere within the Property.
10.2 We reserve the right to make a charge where any Guests have contravened this.
10.3 To remedy a breach of this policy, We shall have the right to recover any sum from You.
11.0 Noise Policy
11.1 The property is in a very rural location but it is still important to be considerate and respectful of our neighbours who call this home all year round. All music and noisy activities which can be heard by neighbouring properties or which take place outdoors should be stopped, the volume turned-down, or taken inside after 0000hrs so as not to disturb nearby residents.
11.2 You and every Guest, member of your party, undertakes to:
11.2.1 Be mindful and considerate of Our neighbours at all times and particularly during the early hours of the morning and into the late evening;
11.2.2 In the unlikely event that You order deliveries or taxis to the Property do provide the order-taker with clear instructions on how to reach the Property so that they don’t get lost and inconvenience neighbouring properties.
11.3 Should You be in breach of any of the conditions set out in this clause 11.1 and/or should We, or Our Agent, receive a complaint by a third party, We or Our Agent will let You know and give You an opportunity to remedy the breach in the first instance.
11.4 If You commit a serious breach of the conditions set out in this clause 11.1, or if a warning has been given set out in 11.4 above which has been ignored or failed to be acted upon, We shall have the right to ask You to leave the Property immediately thus terminating the rental agreement and in such a case We shall not be liable to You for any reimbursement.
12.0 Dog and other pets Policy
12.1 For the avoidance of doubt, no pets are allowed at the Property
13.0 WIFI and Swimming Pool
13.1 We have no responsibility for, or control over, the internet service at Our Property, nor the information You transmit or receive via the Internet service.
13.2 We do not guarantee:
13.2.1 the availability or functionality of the service or that it is free from defects or viruses;
13.2.2 the speed at which information may be transmitted or received via the service;
13.2.3 that the service will be compatible with your equipment or any software which You use.
13.3 Internet access is provided for Guest use only. You agree that that use will always be entirely reasonable and lawful. You must not use the service to engage in any activity which constitutes or is capable of constituting a criminal offence, either in the United Kingdom, Italy, the European Union or in any state throughout the world.
13.4 We may suspend access to the internet service if We reasonably believe that You are in breach of any provisions of this clause.
13.5 Guests only use the Property’s swimming pool because they have read and agreed to abide by the pool rules that are posted at the Property.
13.6 Adult Guests are responsible for the safety and security of their children at all times and agree that they will never leave children without adult supervision.
13.7 Guests will avoid taking glass or sharp objects into the vicinity of the pool. Keep the BBQ to the upper garden, loggia and pagoda areas and away from the pool.
13.8 Guests enjoying the pool do so whilst sensitive to clause 11.0 above.
13.9 You agree to notify US or our Agent immediately should there be any issues with the pool’s pump, or filtration systems.
13.10 You agree to support unannounced access to the grounds during Your Rental period (twice weekly) to our Agent for the purposes of necessary pool maintenance.
14.0 Right of Re-Entry and Right To Evict
14.1 We, or our Nominated Agents, are entitled to enter the Property, without providing You with prior notice in the following circumstances:
14.1.1 In an emergency, to include where repairs are required to be carried out due to a report made by You or damage caused by You (or where We have reasonable grounds to believe that such damage has been or may be caused);
14.1.2 Should You be in breach of any of these Terms or We, or Our Representative, has reasonable grounds to believe that You are in breach of these Terms;
14.1.3 We, or Our Representative, has received reports from a third party advising Us of conduct which is in breach of these Terms.
14.2 We, or Our Representative, is allowed to enter the Property to inspect it. In this circumstance, reasonable notice will be given to You first.
14.3 Should access be required, You agree not to obstruct Our re-entry or that of Our Representative (to include workmen/women) to the Property.
15.0 Damages, Breakages and Lost Key(s)
15.1 We expect all our guests to treat Our Property as they do their own home. When You don’t we expect you to reimburse Us for the costs of any replacements, repairs, or for any extra cleaning that is necessary as a result of Your stay, and is beyond normal expectations for fair wear and tear.
15.2 Should You or any Guest lose a key to the Property, We or Our Representative will endeavour to replace it as quickly as practicable upon You paying for the cost of the replacement or the cost for the cutting a new key.
15.3 Any keys issued to You that are not returned at the end of Your stay will need replacing and the cost of this will be Your’s.
15.4 You are responsible for any and all belongings and valuables that you bring into the Property.
16.0 Lost Property
16.1 Please contact Us as soon as possible if You think You have left any personal items in a property after your departure.
16.2 Should You wish your items to be returned, We will happily do so but the cost of any postage or courier fees etc. must be paid in advance by You. For larger personal property items there may be additional charges that will need to be addressed in advance by You.
16.3 We, or Our Representative, will aim to return lost property within 14 business days of payment for the cost of postage or courier service being received.
16.4 In the event of We or Our Representative finds any personal property, We will notify you and hold the lost property for 1 month before disposing of the item unless You have requested and paid the costs for its return.
17.0 Events Outside of Our Control (Force Majeure)
17.1 We will not be liable or responsible for any failure to perform, or delay performance of, any of Our obligations under these Terms that is caused by an Event Outside of Our Control.
17.2 An Event Outside of Our Control means any act or event beyond Our reasonable control, including without limitation, actions or omissions by Us (including, but not limited to, cancellation or failure to provide access to the Property) strikes, lockouts or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, or failure of public or private telecommunications networks, power networks or water supplies, local building works or roadworks, transport interruptions, delays or cancellations.
17.3 You will be refunded the full amount of the booking paid at the time if We have to terminate your booking as a result of any of the reasons listed in 17.2 above. If We have to terminate your holiday early for any of the reasons listed in 17.2 above then You will be refunded by Us the booking fee based on the time remaining of your holiday rental period. This will be the full extent of Our liability.
17.4 Please refer to clause 5.0 (Travel Insurance).
18.0 Complaints and Compensation
18.1 Every effort is made to provide for a safe and enjoyable stay at the Property. However, should You wish to make a complaint during the Rental Period, You should notify Us, or our Nominated Representative, of any such complaint promptly, so that every attempt can be made by Us to resolve the issue as soon as possible. Please contact Us via our Contact Us page on the web site.
18.2 All complaints must be made whilst you are still at the Property so that an on-the-spot investigation can be made and any necessary or appropriate remedial action taken. In no circumstances will compensation be considered for complaints raised after the holiday has ended, when the Guests have denied Us the opportunity of investigating the complaint during the Rental Period and endeavouring to remedy matters during the Rental Period.
19.0 Limitation of Liability
19.1 As far as the law allows we shall not be liable to You or Your party for loss, damage, or injury to You, or any of the Guests, your/their property or vehicles as a consequence of this agreement or the occupancy of the Property thereon.
19.2 If We fail to comply with Our obligations under these Terms, We may be liable to You for loss or damage You suffer that is a foreseeable. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time of the Booking Confirmation, both We and You knew it might happen, for example, if You discussed it with Us during the booking process.
19.3 Our services to You comprise of (i) advertising and Booking arrangement services; (ii) payment collection services; and (iii) Property rental services/s and ensuring that the property is in a good and safe condition.
19.4 To the fullest extent permissible by law We exclude any and all promises, warranties, conditions, or representations relating to the service provided by Us that are not set out in these Terms. In particular We do not make any promises representations or warranties with respect to.
19.4.1 The availability of www.magaridomani.com website;
19.4.2 Errors contained in any information which may appear on the www.magaridomani.com website or other materials;
19.4.3 The quality, safety or suitability of the Property.
19.5 We shall not be liable to You for any loss You incur in the event that the We overbook the Property or cancel Your Booking.
19.6 You acknowledge that in Booking the Property, all personal belongings, bikes stored at the property and vehicles including the contents of those vehicles, belonging to You and or any member of your party, is left at the Property entirely at Your and their own risk. We shall accept no responsibility for any loss, or damage to You or your Guests personal property during the Rental Period.
20.1 If any provision or part provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part provision shall be deemed deleted. Any modification to or deletion of a provision or part provision under this clause shall not affect the validity and enforceability of the rest of these Terms and Conditions.
20.2 If one party gives notice to the other of the possibility that any provision or part provision of these Terms and Conditions are invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal valid and enforceable, and to the greatest extent possible, achieves the intended commercial result of the original provision.
21.1 Save as set out in clause 6.2, no variation of these Terms and Conditions shall be effective unless it is in writing and signed by (i) Us (or Our authorised Representative)), and (ii) the Responsible Person.
21.2 We may transfer Our rights and obligations under these Terms to another organisation. We will always tell You in writing if this happens and We will ensure that the transfer will not affect Your rights under these Terms. You may only transfer Your rights or Your obligations under these Terms to another person if We agree to this in writing.
21.3 No other person other than the Responsible Person /Lead Guest, and Us shall have any rights to enforce any of these Terms.
21.4 If We do not insist immediately that You do anything You are required to do under these Terms, or if We delay in taking steps against You in respect of Your breaking these Terms and Conditions, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date.
21.5 These Terms and governed by English Law. You agree to submit to exclusive jurisdiction of the English Courts. However, if You are a resident of Northern Ireland, You may also bring proceedings in Northern Ireland and if You are a resident in Scotland You may also bring proceedings in Scotland.