GENERAL TERMS AND CONDITIONS OF SALE AND REGULATIONS
Agriturismo Val – Costermano sul Garda
1. Scope of Application
a. These General Terms and Conditions apply to all contracts regarding the rental of rooms or apartments at Agriturismo Val, including all accessory and related services provided by the property.
b. Any different or supplementary conditions proposed by the client shall apply only upon explicit written agreement by Agriturismo Val.
2. Conclusion of the Contract and Acceptance of Conditions
a. Offers and quotes sent by Agriturismo Val are to be considered non-binding.
b. Acceptance of Conditions: The booking request, the payment of the deposit, the balance of the stay, or the written confirmation (including via email/online form) by the client constitutes full and unconditional acceptance of these General Terms and Conditions of Sale and the Property Regulations.
c. If the booking is made by a third party in the name and on behalf of the final guest, the booking party is jointly and severally liable with the guest for all obligations arising from the contract.
d. Subletting or transferring rooms to third parties, as well as using them for non-tourist purposes, is not permitted without prior written consent.
e. Check-in and Check-out: Unless otherwise agreed:
Rooms are available to the client starting from 15:00 on the day of arrival (check-in).
Rooms must be vacated by 10:00 on the day of departure (check-out).
In the event of a late check-out up to 15:00, Agriturismo Val reserves the right to charge a pre-advised flat fee. Beyond 15:00, 100% of the daily rate will be charged (without this granting the right to extend the stay).
3. Rates, Deposit, and Payments
a. The client is required to pay for the stay and all services used in accordance with the agreed rates.
b. Tourist Tax (Extra): Published or agreed rates do not include the Municipal Tourist Tax, determined by the Municipality of Costermano sul Garda. This tax is an extra cost, calculated per person/night according to current local regulations, and is due by the client at the time of final payment at the property.
c. Extraordinary services: For services provided at the client's request after 23:00, the Agriturismo reserves the right to apply a night supplement for the staff employed.
d. VAT and variations: Rates are inclusive of VAT. If a period of more than 4 months elapses between the conclusion of the contract and the date of the stay, and there are increases in operating costs or variations in tax rates, the Agriturismo reserves the right to reasonably adjust the price (up to a maximum of 10%).
e. Payments and currency: Payments must be made in Euros. Any bank charges or exchange fees for payments from foreign countries are the responsibility of the client.
f. Payment terms and default: Issued invoices must be paid within 5 days of receipt. In case of delay, default interest will be applied pursuant to Legislative Decree 231/2000.
g. Confirming Deposit: To guarantee the booking, a confirming deposit is required pursuant to Art. 1385 of the Italian Civil Code:
Deposit Amount: An amount between 30% and 70% of the total stay, agreed upon during the booking phase based on seasonality, booking channel, or chosen rate type. The deposit must be paid within the deadline indicated in the booking confirmation (usually 4 working days).
h. Invoicing: Billing information must be communicated promptly at the time of booking and in any case no later than the conclusion of the service.
4. Credit Card Pre-Authorization System
a. Pre-authorization is a guarantee check to verify the validity of the card provided as a guarantee or confirming deposit.
b. It consists of a temporary block of the agreed amount on the card (it is not an immediate charge).
c. Failed approval: If the pre-authorization is unsuccessful, the client will be asked to provide a new valid card within 24 hours. Otherwise, the booking will automatically be considered void and cancelled.
d. Check-out and release: At check-out, the client may pay the balance with their preferred payment method (cash, debit, or other credit card). Once the balance is paid, the Agriturismo will release the pre-authorization. The release time depends on the guest's banking circuit (usually 48-72 hours).
5. Withdrawal and Cancellation by the Agriturismo
a. Agriturismo Val reserves the right to withdraw from the contract if the deposit or credit card details are not received within the established deadlines.
b. The Agriturismo also has the right to withdraw for justifiable reasons, without any obligation for compensation, in the following cases:
Force majeure, health emergencies, or unforeseeable events that make it impossible to provide the stay.
Provision of false or misleading data regarding the identity of the guests or the purpose of the stay.
Reasonable grounds to believe that the stay may compromise the security, tranquility, or reputation of the property.
Violation of the internal Regulations or the prohibition of subletting.
6. Cancellation Policies, No-Show, and Early Departure
Pursuant to Art. 59, paragraph 1, letter n) of Legislative Decree 206/2005 (Consumer Code), the 14-day right of withdrawal does not apply to accommodation services. However, Agriturismo Val grants the following cancellation conditions (which must be requested exclusively in writing):
Cancellation PenaltiesNotice Period for Cancellation
Amount Due / DeductionUp to 60 days before arrival
Refund of the deposit minus € 50.00 as an administrative file management fee
From 59 to 15 days before arrival
Retention of the entire paid deposit (equal to 30-70%)
From 14 days up to the day of arrival (or No-Show)100% of the total agreed stay amount
No-Show: In case of failure to arrive without prior written notice within the terms, 100% of the total agreed price will be charged.
Late Arrival: In case of postponed arrival compared to the booked dates, the client is still required to pay 100% of the agreed price for the entire period.
Early Departure: In case of early departure compared to the scheduled date, the client is required to pay for the days used and 100% of the amount for the remaining unused days.
7. Liability of the Property and Guests
a. Liability of the Agriturismo: Liable for damages only in cases of intent or gross negligence. Pursuant to Art. 1783 of the Civil Code, liability for items brought into the property by the guest is limited to one hundred times the daily room rental price.
b. Guest Liability: The client is responsible for any damage caused to the structures, furnishings, or appurtenances of Agriturismo Val by themselves, their family members, guests, or pets. The client is advised to check their own third-party liability insurance coverage.
8. Vouchers (Experiential and Monetary Value)
a. Vouchers are valid only if issued directly by Agriturismo Val, bearing the official logo and a unique identification number.
b. Time validity: All vouchers (both monetary value vouchers in Euros and stay/experiential vouchers) have a strict validity of 1 year from the date of purchase/issuance.
c. Seasonal Closure Period: The annual validity already accounts for any seasonal closure period of the property; therefore, the client is required to schedule the use of the voucher within the actual opening months of the Agriturismo included in the 12-month validity period. After this period, the voucher expires and can no longer be redeemed or refunded.
d. Vouchers must be presented in original or forwarded in digital format at check-in to be redeemed.
9. Regulations and Service Adjustments
For reasons of public safety or national and regional health regulations, the Agriturismo reserves the right to adjust or modulate the provision of certain accessory services, ensuring maximum protection for guests without this leading to variations in the agreed price.
10. Applicable Law, Jurisdiction, and Final Provisions
a. This contract is governed entirely by Italian law.
b. The place of fulfillment of obligations and payments is the registered office of Agriturismo Val.
c. For any dispute arising from the interpretation, execution, or termination of this contract, the exclusive jurisdiction is that of Verona.
d. The possibility that one or more clauses may be ineffective or null does not invalidate the remainder of the contract, which shall remain fully valid and effective.
EXPRESS APPROVAL OF VEXATIOUS CLAUSES
(Articles 1341 and 1342 of the Italian Civil Code)
NOTE FOR THE CLIENT / AUTOMATIC ACCEPTANCE CLAUSE:
By making a booking, paying the deposit, or confirming the service via email/web form, the client declares to have read, understood, and fully accepted all the clauses listed above.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the client expressly and specifically approves the following articles:
Art. 2.e: Penalties and charges for late check-out.
Art. 3.b: Exclusion of the Tourist Tax of the Municipality of Costermano from the stay rates.
Art. 3.d: Price adjustments in case of variations in costs or VAT rates.
Art. 4.c: Cancellation of the booking due to negative outcome of the pre-authorization.
Art. 5.b: Right of withdrawal by the property for justifiable reasons.
Art. 6: Cancellation/withdrawal penalties up to 100%, management fees, charges for No-Show, late arrival, or early departure.
Art. 7: Liability limits of the property and charges for damages caused by the guest.
Art. 8.b-c: Annual expiration of monetary and stay vouchers, taking into account seasonal closures.
Art. 10.c: Exclusive and mandatory designation of the Court of Verona
PRIVACY POLICY ON THE PROCESSING OF PERSONAL DATA
Pursuant to Art. 13 of Regulation (EU) 2016/679 (GDPR)
Dear Guest/User,
Pursuant to Regulation (EU) 2016/679 (hereinafter "GDPR"), Agriturismo Val wishes to inform you about the methods and purposes of the processing of your personal data.
1. Data Controller
The Data Controller for personal data processing is:
Entity Name: Agriturismo Val
Location: Costermano sul Garda (VR), Italy
Contact Email: [Insert Agriturismo Val email]
2. Types of Data Processed
Agriturismo Val collects and processes the following categories of personal data:
Identification and Contact Data: first name, last name, residential address, tax ID/VAT number, date and place of birth, nationality, email address, telephone number.
Payment and Guarantee Data: credit card details (for pre-authorizations or deposits), bank details for transfers.
Stay-Related Data: arrival and departure dates, special preferences or allergies voluntarily disclosed by the guest, details regarding family members or accompanying guests.
Public Security Data Required by Law: identity document details and document type (requested upon check-in).
3. Purposes of Processing and Legal Bases
Your personal data are processed for the following purposes:
Booking Management and Contract Execution:
Purpose: Receiving bookings, sending confirmations, providing accommodation and dining services, managing payments, and handling the credit card pre-authorization system.
Legal Basis: Performance of a contract to which the data subject is party or taking pre-contractual steps (Art. 6, par. 1, lit. b GDPR).
Compliance with Legal Obligations and Public Security:
Purpose: Registration of guests with the Public Security Authority ("Schedine Alloggiati" pursuant to Art. 109 TULPS), accounting and tax compliance, collection of the Municipal Tourist Tax of the Municipality of Costermano sul Garda.
Legal Basis: Compliance with a legal obligation to which the Controller is subject (Art. 6, par. 1, lit. c GDPR).
Management of Disputes and Defense of Rights:
Purpose: Defending the rights of the Controller in or out of court (e.g., debt collection, charging penalties or damages).
Legal Basis: Legitimate interest of the Data Controller (Art. 6, par. 1, lit. f GDPR).
Information and Promotional Use of Email (Customer Retention):
Purpose: By making a reservation, the email address provided by the customer may be used in the future by Agriturismo Val to send updates, special offers, newsletters, and promotional communications regarding similar services.
Privacy Guarantee: Agriturismo Val guarantees that your email address will not be sold, shared, or transferred to third parties under any circumstances.
Legal Basis: Legitimate interest of the Data Controller regarding the promotion of its own similar services (Art. 6, par. 1, lit. f GDPR). Users can object to receiving such communications at any time, easily and free of charge (via the unsubscribe link at the bottom of every promotional email or by contacting the property).
4. Processing Methods and Data Retention
Data processing is carried out using both manual/paper instruments and electronic/IT tools, with logic strictly related to the aforementioned purposes, ensuring appropriate security and confidentiality.
Retention Periods:
Contractual, Accounting, and Tax Data: retained for 10 years as required by statutory law (Art. 2220 Italian Civil Code).
Public Security Data (TULPS): guest registration forms are deleted immediately after transmission to the State Police portal (Alloggiati Web).
Credit Card Guarantee/Pre-authorization Data: released/deleted immediately after check-out and final payment settlement.
Email Data for Promotional Purposes: retained until the user exercises their right to object (opt-out) or requests deletion.
5. Recipients and Disclosure of Data
Your personal data will not be disseminated publicly, but may be communicated solely to:
Public Authorities and Entities: Police Headquarters (Alloggiati Web portal), Municipality of Costermano sul Garda (for Tourist Tax), Tax Authorities.
Consultants and Professionals: accountants, legal advisors, banking institutions, and payment networks.
Technology Service Providers: booking management software (PMS/Channel Manager), web hosting providers, and email distribution platforms (acting as Data Processors pursuant to Art. 28 GDPR).
N.B.: No personal data or email addresses collected will ever be sold or transferred to third parties for independent commercial purposes.
6. Provision of Data
Mandatory: The provision of identification, documentation, and payment data for contractual and statutory requirements is mandatory. Refusal to provide this data will make it impossible to accept your reservation and host you at Agriturismo Val.
Right to Object: The use of email for sending future promotional communications is connected to the booking made, but guests retain the full and continuous right to object to such mailings at any time, without any impact on their stay.
7. Rights of the Data Subject (Artt. 15–22 GDPR)
You have the right to exercise the following rights towards the Data Controller at any time:
Access: Request confirmation as to whether or not personal data concerning you is being processed.
Rectification: Request the correction of inaccurate data or the integration of incomplete data.
Erasure ("Right to be Forgotten"): Request the erasure of personal data when it is no longer necessary or when the legal basis ceases to exist.
Objection to Promotional Email Use: Object at any time to the sending of newsletters or commercial communications.
Restriction and Portability: Request the restriction of processing or data portability in a structured, commonly used format.
To exercise these rights, please send a written request to: [Agriturismo Val Email].
If you believe that the processing of your data violates GDPR rules, you have the right to lodge a complaint with your local Data Protection Authority (in Italy: Garante per la Protezione dei Dati Personali, www.garanteprivacy.it).
