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Payment:
An amount equal to the total stay may be charged at any time.
Cancellation :
You can cancel for free up to 30 days before arrival.
Any sums collected will be returned within 7 working days.
If you cancel within 30 days before arrival, the total amount of the reservation will be charged. If you don't show up or in case of early departure, the penalty will be equal to the cancellation fee.
GENERAL CONDITIONS
These conditions (hereinafter, also "Conditions") regulate the reciprocal rights and obligations of the relationship between the Company and the Contracting Party and/or the Guest. These Conditions do not preclude particular agreements stipulated between the Company and the Contracting Party and/or the Guest (as defined below), which in case of doubt prevail. Special agreements must always be concluded in writing.
With respect to online reservations made through booking agents and other affiliated sites, the relevant general terms and conditions shall apply to the extent expressly provided for therein. It remains understood that these Conditions remain applicable to such reservations for all that is not regulated by the aforementioned terms and conditions.
Contracting Party and/or the Guest are required to read these Conditions carefully and must pay particular attention to the individual provisions.
Art. 1 - Definitions
1.1 “Agreement” is the contract stipulated between the Company and the Contracting Party and/or the Guest, the content of which is defined by these Conditions.
1.2 “Company” is the company that manages the Accommodation Facility 'Le donne di Capri - charming apartments in Capri' by providing accommodation to guests for a consideration.
1.3 “Contracting Party” is a natural and/or legal person, a company or an entity, which stipulates the Agreement concerning one or more apartments of the Accommodation Facility as a client or appointee or agent or intermediary on behalf of the Guest.
1.4 “Guest” (or “Guests”) is a natural person who uses the accommodation. If the Guest is not at the same time the contracting party (e.g. in the case of a travel companion, etc.), these conditions still apply to the aforementioned Guest.
1.5 “Accommodation Facility” is ‘Le donne di Capri – charming apartments in Capri’.
Art. 2 - Oder/reservation
2.1 Upon confirmation of the order/booking, the Contracting Party (and/or the Guest) declares, in the event of implementation of the Agreement, to accept these Conditions for himself and also for any further Guest and also declares to be authorized to accept these Conditions by the other Guests for whom the Agreement is concluded.
2.2 The offer prepared by the Company is valid according to the terms indicated therein. After the expiry of this term the offer will no longer be valid and therefore the availability and the indicated price may not be guaranteed.
2.3 The Company undertakes to confirm the booking in writing by sending to the Contracting Party a booking confirmation (indicating the period of stay, the services booked and the total price) by e-mail to the address communicated to the Company.
2.4 The Contracting Party (and/or the Guest) is required to carefully check the booking confirmation and to immediately contact the Company in the event of any error or incompleteness thereof.
Art. 3 – Finalization of the Agreement
3.1 The Agreement is finalized with the acceptance of the Contracting Party (and/or the Guest) booking by the Company, i.e. with the transmission of the booking confirmation referred to in point 2.3.
3.2 The Company has the right to condition the completion of the Agreement on the payment by the Contracting Party (and/or the Guest) of a deposit pursuant to art. 1385 of the Civil Code. In this case, the Company is required to inform the Contracting Party (and/or the Guest) of the deposit required before accepting the written or oral booking. If the Contracting Party (and/or the Guest) declares - in writing or verbally - his agreement on the deposit, the Agreement is finalized upon receipt, by the Company, of the Contracting Party’s (and/or the Guest’s) consent regarding the payment of the deposit according to the times agreed for the receipt of the same.
3.3 Unless otherwise agreed between the parties, the deposit must also be understood as an advance payment of the agreed price.
3.4 If the payment of the deposit has not been made within the agreed term, the Company has the right to unilaterally withdraw from the Agreement (without incurring in any cost).
Art. 4 – Price of the stay
4.1 The indicated prices of the apartments of the Accommodation Facility are intended for each day, unless otherwise indicated and/or agreed.
4.2 The prices for any additional services (wellness, sporting activities, excursions, etc.) will be indicated by the Company with a separate price list.
Art. 5 – Beginning and end of the stay
5.1 Unless a different time has been explicitly agreed, the apartment will be available from 3.00 pm on the day of arrival.
5.2 Unless different time have been explicitly agreed upon, the occupied apartment of the Accommodation Facility must be vacated by Guests by 10.30 am on the day of departure. The Company is authorized, if the premises are not vacated within the established deadline and if it has not been otherwise agreed between the Parties, to charge the fee for an additional day's stay.
Art. 6 – Changes to the booked reservation
6.1 In the event that the Contracting Party (and/or the Guest) intends to modify the already confirmed reservation, the relative request must be sent to the Company in writing, by e-mail.
6.2 The Company reserves the right to accept or to refuse the modification to the reservation according to its availability. In any case, the modification of the reservation will be considered as a withdrawal from the original Agreement and consequently will represent the stipulation of a new Agreement, with any consequent connected right.
6.3 In any case, the Company reserves the right to request cancellation charges in accordance with these Conditions, notifying the Contracting Party (and/or the Guest) before signing the change to the booking.
6.4 The Contracting Party (and/or the Guest) cannot expect his stay to be extended. In the event that the Contracting Party (and/or the Guest) communicates in good time the desire to extend the stay, the Company can grant the extension. It is understood that the Company has no obligation in this regard.
6.5 Should the Guest leave earlier than the reserved period, the Guest will still be required to pay the balance of the entire booked stay (including the balance of the reserved and unused services).
Art. 7 – Withdrawal and cancellation policy
7.1 Except as otherwise communicated by the Company during the booking confirmation, up to 30 (thirty) days before the scheduled arrival date the Contracting Party (and/or the Guest) has the right to withdraw from the Agreement in writing. If applicable, any sums already collected will be returned to the Contracting Party (and/or the Guest) within 7 working days
Art. 8 – Arrival and guarantee
8.1 Upon arrival, upon check-in, the Guest (and all the Guests) must provide their identity documents (valid identity card or passport).
8.2 The apartment covered by the Agreement can only accommodate the maximum number of people indicated at the time of booking. No additional visitors are allowed.
8.3 Upon arrival, upon check-in, the Company will have the right to request a non-interest-bearing security deposit or the Guest’s (and/or Contracting Party’s) credit card details, of which the Company reserves the right to check the validity by means of pre-authorization. It is understood that the Company has the right to cancel reservations associated with declined or invalid credit cards. The above deposit will be used to cover incidental items including, but not limited to, breakages, damage to Company property, cleaning fees due to the room being left in an unacceptable state of cleanliness, and policy violations such as smoke in the rooms or disturb other clients of the structure.
8.4 The Contracting Party (and/or the Guest) is responsible and assumes responsibility for the behavior of all Guests and other persons occupying the premises covered by the Agreement.
8.5 At the end of the stay, if the Company deems there is no need to definitively debit the aforementioned non-interest-bearing security deposit, the pre-authorization will be issued according to the policy applied by the relative bank. It is understood that the Company is not responsible for delays related to pre-authorization issues by credit card companies.
8.6 The greater damage to be paid by the Guest/Contracting Party always remains unaffected.
Art. 9 – Rules of conduct
9.1 It is strictly forbidden to smoke inside the apartment, it is strictly forbidden to use candles inside the premises.
9.2 The Contracting Party (and/or the Guest) undertakes to behave, and to have the other Guests behave in compliance with the rules of correct civilized living.
9.3 The electrical appliances, the sauna (in the season in which it is operational), the Turkish bath (in the season in which it is operational), the shower and the bathtub must be used in accordance with their respective rules of use. The Contracting Party (and/or the Guest) assumes all responsibility deriving from the use of the aforementioned, even when they are used by other Guests.
Art. 10–Rights and obligations of the Contracting Party and of the Guest
10.1 With the stipulation of the Agreement, the Contracting Party (and/or the Guest) acquires the right to the usual use of the premises covered by the Agreement and the regular service. The Contracting Party, also on behalf of the Guest, and the Guests,, by virtue of the reference pursuant to art. 2.1, undertake to observe and comply with the relative internal regulations in force.
10.2 Unless otherwise agreed between the Contracting Party (and/or the Guest) and the Company, the Contracting Party (and/or the Guest) is required, at Company request, within the time of check-in (or even before if requested by the Company), to pay the Company (even to the person appointed by the same) the total price. Any additional amounts, connected to further services/services not included in the originally estimated total which the Contracting Party (and/or the Guest) have used, must be paid to the Company (even to the person appointed by the same) at the latest at the time of check- out. The Company (also through the person appointed by the same) will have the right, alternatively, to demand payment also from the other Guests.
10.3 The Company is not required to accept means of payment other than in cash (euros) or by credit cards indicated in the booking phase. If the Contracting Party (and/or the Guest) does not intend to pay the fees in euros or by credit card (those accepted), it will be his responsibility to inquire with the Company about the relative accepted payment methods before signing the Agreement. If the Company accepts payments other than those indicated above, (for example bank transfer in advance), the costs associated with the respective payment method will be charged to the Contracting Party (and/or the Guest).
Art. 11 - Rights and obligations of the Company
11.1 The Company is required to provide the agreed performance and services to the extent and quality corresponding to its standard.
11.2 In the event of unavailability of the apartment covered by the Agreement, the Company has the right to make suitable replacement accommodation (of equal quality) available to the Guests. The provisions of this paragraph 11.2 are applicable, by way of example only, when the premises covered by the contract have become unusable, when other clients occupying the premises in question extend their stay, in cases of overbooking or other relevant needs of the Company that enforce such a decision.
11.3 In the event that substitute accommodation is made available pursuant to paragraph 11.2 above, any additional costs associated with the substitute accommodation will be borne by the Company.
11.4 The Company and its representatives have the right to enter the premises at any time in order to inspect them and/or to carry out repairs or maintenance work.
11.5 The Company is entitled to present the partial bill respectively at any time.
11.6 Pursuant to art. 2760 of the civil code the credits of the Company for goods, services and supplies to the Guests have privilege over the things they bring into the Accommodation Facility and into the outbuildings, provided that they continue to be there. The Company therefore reserves the right to ask for a seizure order for said things, should the Contracting Party (and/or the Guest) refuse payment of the consideration or should be in arrears in payments.
Art. 12 – Contracting Party’s liability and Guest’s liability
12.1 The Contracting Party (and/or the Guest) undertakes to respect, and to make the other Guests respect, all the operational and behavioral provisions provided by the Company and/or its representatives.
12.2 By signing this Agreement, the Contracting Party (and/or the Guest) will be responsible for the custody of the premises covered by the Agreement for the entire duration of the stay, liable for damages (even caused by Guests) that may occur in it (with the exception damages due to the responsibility of the Company or in any case originating for reasons not attributable to the Guests).
12.3 The Contracting Party (and/or the Guest) declares to indemnify in the broadest way (for himself and for his successors and assigns in any capacity) the Company from any liability and any obligation, which may arise in any capacity, even if these should relate to other Guests.
12.4 The Contracting Party (and/or the Guest, also for the other Guests), expressly exempts the Company from any liability for damages of any nature that may arise to them (or to third parties for activities carried out by the Contracting Party (and/or the Guest) in the premises covered by this Agreement).
Art. 13 – Force Majeure
13.1 The Company is not responsible for any damage suffered by the Contracting Party (and/or the Guest) in the event that the complete or partial use of the Structure's services is limited due to causes of "force majeure".
13.2 "Force majeure" means any event that cannot be foreseen or avoided (using normal diligence) by the establishment. Purely by way of example, the following are indicated: war or similar events, riots, civil wars, terrorist attacks, natural disasters, nuclear accidents, pandemics, epidemics, fires, adverse weather conditions, interruptions of communication routes, interruptions in the supply of light services, gas and water not attributable to the structure, strikes or any other event, however, beyond the control of the Structure and/or the Company.
Art. 14 - Pets
14.1 It is not permitted to bring pets to the Accommodation Facility.
14.2 Without prejudice to the prohibition referred to in the previous paragraph, which can only be waived in writing by the Company, the Guest who brings a pet is required to duly keep the pet brought during his stay.
14.3 The Guest is responsible for the pet's health and guarantees that it has the necessary veterinary checks.
14.4 The Guest (and/or the Contracting Party) is liable to the Company for the damage caused by the pet. In particular, damages also include any compensation that the Company must pay to third parties.
Art. 15 – Applicable law and jurisdiction
15.1 This Agreement is subject exclusively to Italian law, in particular with the exclusion of the provisions of private international law and the United Nations Convention on Contracts for the International Sale of Goods.
15.2 The parties agree that for any dispute relating to the interpretation or execution of the Agreement, or any dispute of a non-contractual nature, the Court of Naples will be exclusively competent.
Art. 16 – Miscellanea
16.1 If individual clauses and/or provisions of these Conditions are invalid and/or void or are declared null and/or invalid and/or in any case not applicable, this does not remove the full value and effectiveness of all the other clauses and/or provisions of these Conditions which will remain valid in any case. The ineffective clause will be replaced by another analogous one, with an interpretation as close as possible to the replaced one, according to the expressed will represented by the contract in its entirety.
16.2 In the event of original or emerging gaps in this contractual framework, the relevant legal provisions apply.
16.3 The Contracting Party (and/or the Guest) declares to have read the information pursuant to art. 13 of Regulation 2016/679/EU, freely available on the website www.ledonnedicapri.com.
This information on privacy ("Information") describes how the Company, the company that manages the structure 'Le donne di Capri - charming apartments in Capri', collects and uses the data, including the personal data provided by the interested party.
We invite you to read the Information carefully, always bearing in mind that, if a subject plans to send the Personal Data of another person (for example by making a reservation on his behalf) he will have to provide the details of this person only with his consent, to be obtained by your own care and after the latter has been informed about the ways in which the Company will use the details, including the purposes indicated in this Information.
DEFINITIONS
- Personal Data: any information relating to an identified or identifiable natural person ("Data Subject"). An identifiable natural person is one who can be identified, directly or indirectly, with particular reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more characteristic elements of his physical identity, physiological, genetic, psychic, economic, cultural or social.
- Treatment: any operation or set of operations, performed with or without the aid of automated processes and applied to Personal Data or sets of Personal Data, such as the collection, registration, organization, structuring, conservation, adaptation or modification, extraction, consultation, use, communication by transmission, diffusion or any other form of making available, comparison or interconnection, limitation, cancellation or destruction.
PERSONAL DATA
Without prejudice to the right to provide only the personal information that the interested party wishes to provide (since the choice not to provide some details could affect some of the transactions and services) and regardless of whether a reservation is made online on the Company's website, through an online booking channel, through a travel agent, through our call centre, the Personal Data that the Company collects includes:
- name and surname,
- email address,
- telephone number
- address;
- credit card details (card type and number, name on card, expiry date and CVC code);
- information about your stay, including the date of arrival/departure, special requests and your preferences on services (preference on rooms, services or other);
- information you provide about your marketing preferences or when participating in surveys, contests or promotional offers;
Furthermore, when the Company's website (www.ledonnedicapri.com) is used, information is collected that could be identified as Personal Data. For example: language settings, IP address, location, device settings, device operating system, log-in information, usage time, requested URL, status report, user agent (such as browser version information), browsing history, result (visit or reservation), user reservation code, type of information viewed, including information collected through cookies.
PURPOSES OF THE COLLECTION
The Company uses Personal Data for the following purposes:
- complete and manage reservations;
- provide customer assistance;
- send a request to leave a review after your stay (the aforementioned review, at the discretion of the Company, could be published on the Site);
- marketing activities in the manner permitted by law;
- conduct statistical studies, to improve the services, to improve the user experience and to increase the functionality and quality of the services offered;
- prevent fraud and other illegal activities (for these purposes, personal information could be shared with third parties, such as the police force or external consultants, in accordance with the provisions of current legislation);
- manage and resolve disputes or disputes of a legal nature, for government investigations and compliance checks, or to comply with the provisions of the law or to respond to requests made by law enforcement agencies, in accordance with the provisions of the law.
It is possible that there are other occasions in which the Company will get in touch with the interested party by e-mail, by post, by telephone or by text message, depending on the contact details provided, for the following reasons:
- respond to, or manage, a request sent by the interested party (or on his behalf);
- in case of failure to complete an online reservation, send an e-mail with an invitation to complete the reservation (the Company believes that this is a useful additional service that allows you to go ahead with a reservation without having to start the process again) .
It is understood that in the event that the interested party has made a reservation but, on the communicated arrival date, does not show up at the facility, the Company will process the Personal Data of the interested party in order to cancel the stay and any other reservation and manage, process and settle any outstanding payments that may still be due.
With reference to the above, from the point of view of legal principles underlying the legal treatment, the Company is based, also alternatively or jointly, (i) on the execution of a contract (the use of data may be necessary to be able implement the contract), (ii) on the legitimate interests of the Company (for example to provide the most suitable content of our site, emails and newsletters, in order to improve and promote products, services and content on the site) , or (iii) the need to use the information for administrative, legal (including legal obligations) or fraud detection purposes.
Where necessary and based on current legislation, the Company will ask for consent before processing the Personal Data of the Data Subject for direct marketing purposes; this consent may be withdrawn at any time by contacting the addresses mentioned at the end of this Information. It is understood that, if the interested party does not want to consent to the processing of their Personal Data according to the methods described and should not find any system for canceling consent, they can always contact the Company at the e-mail address [email protected].
DATA RETENTION
The Company will keep the Personal Data for the period of time necessary for the provision of the service, in accordance with the laws in force and for the period communicated or for the time allowed by the applicable law, also for the purpose of managing any disputes and in any case for the time necessary to carry out its activities, including the detection and protection of fraud or other illegal activities. The Personal Data stored will be subject to the provisions of this Information.
It is understood that, depending on the needs, among the recipients of the Personal Data provided by the interested party may be included (directly or indirectly), in addition to the Company itself, also IT service providers involved in the (online) booking procedure, service providers IT and/or email communications service providers.
RIGHTS OF THE INTERESTED PARTY
If the interested party resides in the EU, the applicable legislation grants specific rights, summarized below, which the interested party can exercise free of charge by submitting a request by e-mail to the address [email protected], subject to the exceptions provided for by law ( these rights may be limited, for example in the event that the fulfillment of the request involves the disclosure of Personal Data relating to another subject, or if the interested party requests the deletion of information that the Company is obliged to keep in accordance with law or for valid and legitimate interests):
- Right to withdraw consent (where the Company uses Personal Data with the consent of the Data Subject, this may revoke the aforementioned consent, it being understood that this will not affect the lawfulness of the collection and processing of Personal Data based on the consent provided by you until the moment of revocation);
- Right of access and rectification of Personal Data (request a copy of the Personal Data stored by the Company with the possibility of modifying them);
- Right of cancellation (right to obtain the cancellation of Personal Data in the event that they are no longer necessary for the purposes for which such Personal Data were initially collected or processed, or in the hypothesis in which the consent to the Treatment has been revoked and there are no other legal conditions for the Processing);
- Right to limitation of treatment;
- Right to object to processing;
- Right to data portability (right to receive Personal Data in a commonly used and readable format);
- Right to lodge a complaint with the Personal Data Protection Authority.
MISCELLANEOUS
Please be advised that if you open a hyperlink on a third party website, you may be redirected to a website we do not control and this Policy will no longer apply. Your browsing and interactions on any other website are subject to that website's terms of use and privacy policy, as well as other policies on that website. By inviting you to carefully read the privacy policy of the other websites you visit, the Company declines all responsibility for the information or content of such third-party websites.
CHANGES TO THE POLICY
Since the Company's activities may be subject to change, this privacy policy could also be modified, the Company therefore reserves the right to modify and update this information from time to time. We invite the interested party to periodically visit this page to view any updates.
Personal Data is collected and processed by the Company, relying on it to be complete, accurate and up-to-date. It is understood that the interested party is responsible for the completeness and accuracy of the information provided and must promptly inform the Company of any changes/inaccuracies in the same by contacting [email protected].
In case of specific questions regarding the management of Personal Data, the interested party can send a specific request to the e-mail address [email protected].
