TERMS AND CONDITIONS
TERMS AND CONDITIONS OF USE OF THE "BESTPLACESINTUSCANY.COM" WEBSITE.1) DEFINITIONS
- terms and conditions of use refers to the terms and conditions which regulate the use of this website by the user.
- services refers to the functions, devices, applications, information and other services accessible through this website.
- user refers to any person which accesses and/or utilizes this website.
- website refers to the "home page" and other pages characterized by the domain names BESTPLACESINTUSCANY.COM, owned and managed by Sunflower Breeze Ltd.
- material/s refers to any type of material or immaterial good which is rendered available through this website, including for example merchandising products, data, drawings, images, photographs, illustrations, descriptions, informative texts, films, audio files, music and sounds, services, software and other accessorial programs.
- content/s refers to messages, data, information, texts and other material including that of advertising nature.
In accessing, surfing or in any way using the website, the user agrees to comply by the terms and conditions of use and other dispositions and directives that the terms and conditions of use refer to as well as to any of their subsequent modifications. Where the user does not agree to be bound by the above, including any subsequent modifications, he/she must not access, surf or in any way use the website.
Sunflower Breeze Ltd reserves the right to integrate or modify at its own discretion any of the dispositions contained in the terms and conditions of use including any disposition and/or directive that the website refers to.
The integrations and modifications will be effective with their publication on the website along with a notice of the modification and/or integration. The use of the website, subsequently to the publication of the above mentioned notice, will entail the users consent to comply to the modifications even if he/she has not taken vision of these modifications. Therefore the user must frequently read the terms and conditions of use in order to verify the new active dispositions in order to be aware of the terms and conditions which regulate the use of the website.
3) LICENCE – PROSCRIPTION OF USE (INTELLECTUAL PROPERTY RIGHTS)
Sunflower Breeze Ltd grants a limited and not exclusive right of access to the website and to the materials contained within for non commercial and purely informative personal purposes. The license is conditioned by the users acknowledgment, compliance and respect of all intellectual property rights relative to the materials, as for example copyright, rights afferent to trade marks and other intellectual property rights or intellectual deprivation, owned by Sunflower Breeze Ltd and of whom the customer doesn't acquire any entitlement.
All the Materials of this Website are protected by the copyright defined by the expression "ALL RIGHTS ARE RESERVED" owned by Sunflower Breeze Ltd and by its affiliates and/or Partners and/or of third party licensees. Except for the present, no material can be copied, modified, reproduced, distributed, publicized, downloaded, rendered accessible to the public, diffused or transmitted in any form and through any means, without the prior written consent of Sunflower Breeze Ltd or a qualified representative; nor may any notice, indicator of copyright or other type of patent contained in the materials be removed or altered.
The authorization of use of the website does not include the faculty of selling, commercializing, distributing the contents of the website or create works and/or materials derived from the website materials, such as for example website framing activities, reproduction of client information of use to others and/or any type of data extraction and/or use of apparatus for the gathering and extraction of data contained in this website. Sunflower Breeze Ltd expressly prohibits the uploading on the website of users materials such as, for example, music, software, images and any other materials which constitute a violation of the intellectual property rights of third parties, except for when the user has obtained the necessary authorizations.
4) DISPUTES REGARDING CLAIMS OF COPYRIGHT VIOLATION
Sunflower Breeze Ltd respects the intellectual property rights of third parties. Where the user deems that his/her work has been copied and uploaded on this website and that such actions constitute a copyright violation, he/she must provide the Sunflower Breeze Ltd responsible with the following written documentation:
- Signature, even digital, of the person authorized to act on behalf of the copyright owner.
- Description of the copyrighted work that the uses deems to be violated.
- Indication of the exact position, within the website, of the copyrighted material that the user deems violated.
- Users declaration of good faith regarding the fact that the contested use was not authorized by the copyright holder, by the claimant or permitted by law;
- Users declaration that the above information is correct and that the user is the only copyright holder or that he is authorized to act on behalf of the copyright holder.
The user agrees to relieve and indemnify Sunflower Breeze Ltd from any pretence, action, claim, loss or damage (included legal fees) put forward or proposed by third parties and which derives from the users conduct, from the violation of the conditions of use or third party's rights.
The user is conceded a limited and not exclusive right to create a link to his/her website as long as this website does not represent Sunflower Breeze Ltd or that one or more of his/her products and/or services does not represent Sunflower Breeze Ltd in a false, defamatory, or misleading manner or in any manner which discredits Sunflower Breeze Ltd. The user can not use the logos or other graphic elements, such as Sunflower Breeze Ltd marks, as visual link to the website, without the prior written consent of Sunflower Breeze Ltd. The authorization of use can be revoked at all times. The link will have to redirect to the homepage of the website and it has to be evident that the website and its contents don't have any relation to the website which contains the link.
7) PRODUCT VALIDITY, MODIFICATIONS & AMENDMENTS
Products offered by Sunflower Breeze Ltd are valid as per the dates and times displayed at www.bestplacesintuscany.com. Sunflower Breeze Ltd is not responsible or liable for any information that it does not directly provide. All requests for booking modifications/amendments must be directed to the firstname.lastname@example.org.
If you request a date/time change Sunflower Breeze Ltd will attempt to honour your request; However Sunflower Breeze Ltd cannot guarantee date/time change requests as all requests and amendments are subject to availability.
For changes made less than ninety (90) days from your original travel date a penalty fee will be charge as per “Booking Condition” policy following.
Sunflower Breeze Ltd reserves the right to cancel, change or substitute any package or activity that you have booked at www.bestplacesintuscany.com. at any time, for any reason. In such cases, if you are dissatisfied with the alternatives offered, you are entitled to a full refund of the original purchase price.
8) SUNFLOWER BREEZE Ltd VOUCHERS
You will receive a Sunflower Breeze Ltd Voucher for each vacation rental booked. You must provide the original, authentic Sunflower Breeze Ltd Voucher upon your arrival to the house Your booking cannot be honoured or redeemed without presenting a valid Sunflower Breeze Ltd Voucher.
9) DISCLAIMERS & LIMITATIONS OF LIABILITY Under no circumstances will Sunflower Breeze Ltd be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of ww.bestplacesintuscany.com. regardless of the form of action.
Sunflower Breeze Ltd accepts no responsibility for any sickness, pilferage, labour disputes, machinery breakdown, government restrains, acts of war and/or terrorism, weather conditions, defect in any vehicle of transportation or for any misadventure or casualty or any other causes beyond their control. This is not limited to, but may include, a) the closure of venues or service providers which Sunflower Breeze Ltd activities visit or use, where and when the closure of that venue or service provider is out of the control of Sunflower Breeze Ltd or where Sunflower Breeze Ltd is not notified by the venue or service provider with ample time to notify the clients, which may be due to inclement weather, manifestations and protests or simply the last-minute decision of the venue. b) the inability of our activities to access certain monuments/areas and/or venues due to restrictions caused by excessive traffic, inclement weather, manifestations and protests or due to that area being restored/under construction or covered/obstructed from public view. The car service, hotels and other suppliers providing travel or other services on this site are independent contractors and not agents or employees of Sunflower Breeze Ltd.
Sunflower Breeze Ltd is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from.
Sunflower Breeze Ltd shall have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond its direct control, and shall have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
10) BOOKING CONDITIONS
- Are effected in the name and on behalf of the owners at the prices listed in the price lists shows on this web-site. Prices were established according to market conditions. Should these market conditions suffer important changes, we reserve the right to modify our prices accordingly. Unless otherwise stated, bookings are for a minimum of one week and run from Saturday to Saturday.
- The client must arrive Saturday, between 4.00 and 6.30 pm. If the client is late, advance notice must be given. If no notice is given, the key holder is not held to wait for the clients after the arrival time has passed. It is up to the key holder's discretion to decide whether or not to allow clients to enter the house at times other than those stated and may ask the client for reimbursement of expenses incurred. Sunflower Breeze Ltd. declines all responsibility in the matter. The client and his party must vacate the house between 8.00 and 10.00 am. on the date of departure without exceptions
- Only those persons stipulated in the Booking Form may stay at the house and the total number of such persons must not exceed the authorized number stated in the house description. Please note this includes children. Should the key holder find more persons than those stated, it is totally up to his discretion to ask the clients to vacate the house.
- The client signing the contract is responsible for the correct and decent behaviour of his party. Should the client and his party behave in a manner that is not acceptable by civilized standards, the key holder may ask the client and his party to vacate the house.
- Sunflower Breeze Ltd. will consider the Booking Contract null and avoid after notification by the key holder of violations according to clauses 2, 3, and 4 here of. No reimbursement will be paid.
- If as result of events outside of the owner's control, the house booked should no longer be available, Sunflower Breeze Ltd. will immediately notify the client and either reimburse the client the entire amount or, if so instructed, book the client into an alternative house. If the price of the alternative house is less than that originally paid, the client will be reimbursed the difference. If the price is more than that originally paid, the client must pay the difference.
- Sunflower Breeze Ltd. cannot be held responsible for changes and modifications effected by the owner to the house without giving due notice, nor for the state of cleanliness, for the furnishings, fittings and house equipment which are the owner's direct responsibility. Any complaints must be made by telephone to Sunflower Breeze Ltd. within 48 hours of arrival and followed by a written confirmation addressed to the house owner and Sunflower Breeze Ltd . Sunflower Breeze Ltd will forward all complaints to the owner and provide clients with the owner's complete address and name of his legal council. Complaints lodged at the end of the holiday period will not be taken into consideration. Clients who abandon the house without authorization from Sunflower Breeze Ltd will lose all rights to any eventual refund or rebate.
Payment of the Deposit & Booking Form
A deposit of 50% of the total property rental must be paid at the time of booking by wire transfer into our bank account. No contract with us will exist until we have received the deposit and signed Booking Form, specifying the rental period and party travelling, and we have subsequently confirmed your booking. Should you later cancel, cancellation charges will become payable in accordance with our cancellation policy. We reserve the right to refuse a booking without giving a reason. It is understood that this contract satisfies transitory housing needs only and that the contract automatically expires at the end of the rental period as stated on the Booking Form. A non refundable booking fee of 50.- Euro is due with every booking.
Payment of the Balance
The balance due reflected on the Confirmation/Invoice must be paid no later than 60 days prior to the beginning of letting period. If the balance is not received by us by the due date, we shall be entitled to cancel the booking without prejudice to our claim for cancellation charges and to retain the deposit. For bookings made within 60 days of arrival date, you will be required to pay the full cost of your stay at the time of booking.
If the client cancel all or any part of your booking, Sunflower Breeze Ltd shall be entitled to the following percentage of the total rental cost shown in your Booking Proposal.
Cancellation charges will be levied as follows:
- 10% of total price if cancellation is made 90 days or more prior to the beginning of the letting period;
- 50% of total price if cancellation is made between 90 and 60 days prior to the beginning of the letting period;
- full amount if cancellation is made less than 60 days prior to the beginning of the letting period.
Cancellation must be received by us in writing. We suggest to do a travel insurance that will cover your deposit paid in case of illness or other circumstances.
Security Deposits are due on many of the properties, is determined by the owner and we will let you know at the time of booking. Is required in local currency upon your arrival (in Italy that would be Euro) and must be paid to the key holder. Failure to pay the deposit can result in the key holder refusing entrance to the house.
The Security Deposit covers the cost of any damage or breakages during your stay to the property and its contents, inside and outside, excluding normal wear. Judgment as to the condition of the property is left to the sole discretion of the key holder . This amount, less any applicable claims , will be returned to you upon departure. Should the damages exceed the Security Deposit amount, you agree to pay the additional charges on demand.
You and your party hold Sunflower Breeze Ltd and the property owner and our agents harmless from and against any and all liability arising out of or in any way connected with your use and occupancy of the property, including injuries, damages or losses from fire, theft or criminal activity. Sunflower Breeze Ltd and the property owner and our agents are never liable for consequential damages.
11) INVALIDITY AND/OR PARTIAL INEFFICIENCY
The invalidity or inefficiency of any disposition of the terms and conditions of use will not influence the validity or efficiency of any other disposition or part of disposition.
Sunflower Breeze Ltd reserves the right, without notice, to withdraw from the terms and conditions of use and to prevent the users access to the website.
13) APPLICABLE LAWS AND LEGAL COURT
The terms and conditions of use will be sustained and interpreted by the Irish law except for the International Private Law. Any controversy derived or connected to the execution of terms and conditions of use will be passed on to the exclusive jurisdiction of the legal court of Dublin that follows.