Weddings Tuscany coast ~ Relocation to Tuscany ~ relocation to Versilia ~ property management tuscany

Terms

Parties:

(1) TCACV: TUSCANY COAST AND COUNTRY VILLAS Limited (company no. 06951345) whose registered office is at 38a, Cowley Road, Blackpool, Lancashire, FY4 4NE for and on behalf of OWNER (details of whom are set out in Part 1); or tour operator whose terms and conditions are linked here below and

(2) GUEST: Name:

Address:

Operative Provisions:

Terms defined in the rental terms and conditions ("Rental T Cs?) set out in part 2 shall have the same meaning in this Agreement and vice versa. Further, the Rental T Cs shall form part of this Agreement. Guest agrees and acknowledges that TCACV is entering into this Agreement for and on behalf of Owner or tour operator.
Guest shall hire the Property for the Hire Period in accordance with this Agreement.
Any changes or additions to this Agreement must be agreed in writing by both parties.
This Agreement shall come into force on the Commencement Date and shall continue until the end of the Hire Period subject to termination in accordance with the Rental T Cs. This Agreement will replace any other agreement previously made between the parties.
Guest shall pay to Owner via TCACV the Rental Fees in accordance with the Rental T Cs.
Guest acknowledges that TCACV is entering into this Agreement as an agent for Owner or a tour operator in connection with accepting and administering bookings of the Property on Owners behalf or for a tour operator. TCACV has Owners or tour operators authority to accept any enquiries with regard to potential bookings for the Property and to confirm acceptance of bookings.
This Agreement shall in all respects be governed by and construed in accordance with English law and the Courts of England shall have exclusive jurisdiction to settle any disputes which may arise in connection with the validity, effect, interpretation or performance or the legal relationships established by this Agreement or otherwise in connection with this Agreement.

Part 1

Commencement Date:
Hire Period:
Rental Fees:
Property:
Owner (to be filled in by TCACV)

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Part 2

The Rental T Cs

1 Interpretation

1.1 Definitions - In these Rental T Cs:

"Bank Account? means TCACVs bank account (details supplied on booking process for bank transfer)
"Booking Form? means the booking form filled in by Guest detailing all relevant information about Guest and other guests hiring the Property (the "Party?), including ? without limitation ? details of the Hire Period and agreed Rental Fees;
"Commencement Date? means the commencement date of this Agreement set out in Part 1;
"Deposit? means 35% of the Rental Fees;
"Hire Period? means the hire period as set out in the Schedule;
"Owner? means the owner of the Property
"Tour Operator? means tour opertor whom we act as a booking agent for certain tour operators
"Property? means Owners property to be hired by Guest, the address details of which are set out in the Schedule;
"Rental Fees? means the fees payable by Guest in respect of the hire of the Property as set out in the Schedule.
"Rental Voucher? means the voucher issued to Guest by TCACV prior to the commencement of the Hire Period, with confirmation of the booking;
"TCACV Website? means TCACVs website located at: [insert web address]

1.2 In this Agreement:

1.2.1 the singular includes the plural and vice versa and references to one gender shall include all genders including the neuter gender;

1.2.2 a reference to any statute, enactment, order, regulation or other similar instrument shall be construed as a reference to the statute,
enactment, order, regulation or instrument as amended, re-enacted, replaced, repealed, consolidated, extended or otherwise varied from time to time;

1.2.3 headings are included for ease of reference only and shall not affect its interpretation or construction;

1.2.4 and references to clauses are, unless otherwise provided, references to clauses of this Agreement.

2 Terms of Hire / Rental

2.1 For the avoidance of any doubt, this Agreement shall not be contractually binding until the Agreement with the Booking Form are returned to TCACV fully signed together with full payment to TCACV of the Deposit (or, as set out in 2.12, the full amount of the Rental Fees). Where Guest makes a booking online via the TCACV Website the Rental T Cs shall apply to the same.

2.2 Payment of the Deposit to TCACV shall be made by transfer into TCACVs Bank Account or, details of which are obtainable upon request from TCACV. Rental Fees are payable pursuant to clause 2.12 below.

2.3 Guest should note that the Deposit is separate from the security deposit, which Guest will be obliged to provide to Owner upon arrival at the Property. The security deposit is refundable to Guest by Owner upon departure subject to the provisions of clause 2.4 and clause 2.5 below.

2.4 The amount of any security deposit shall be determined by Owner and notified to Guest by TCACV prior to arrival at the Property. Payment of the security deposit must be in local currency (in Italy, EURO (?)). The security deposit covers the cost of any damage to the Property including any breakages during Guests stay at the Property (both within and outside the Property). For the avoidance of doubt, the security deposit excludes normal wear and tear. It is down to the Owner to determine what the condition of the Property is upon the end of the Hire Period. The security deposit (less any amounts deducted pursuant to clause 2.5 below) shall be returned to Guest by Owner (or Owners representative) upon departure. Should any damage to the Property exceed the amount of deposit taken, Guest hereby agrees and acknowledges Guests liability to pay the balance of any sums so due.

2.5 With regard to additional costs associated with the hire of the Property ("Extras?), such Extras are usually listed on the Property listing [(on the TCACV Website)] and are payable by Guest to TCACV in advance of the Hire Period or alternatively may be payable on arrival or departure directly to Owner or Owners local representative, in local currency (in Italy, EURO (?)). Extras due for payment in advance of Guests arrival at the Property shall be notified to Guest on the Rental Voucher. Where the Owner is charging for utilities, uUtility meters (in respect of telephone charges, gas, electricity and water) will be read by Owner or Owners local representative upon Guests arrival and departure and the exact charges applicable to the relevant use of utilities will be due to be paid to Owner (or Owners local representative) upon departure, such sums being, where possible, deductible from the security deposit. Guest acknowledges that if Guest leaves the Property without being checked out as arranged (and waiting for Owner to confirm the utility charges, Guest may be liable to losing the entire security deposit. Guest should note that the Italian telephone service only issues bills every two months and so it may be several weeks before this is submitted. Telephone charges may therefore only become known well after the Hire Period and Guest agrees and acknowledges that Guest shall nevertheless remain liable to settling any such charges when notified to be paid by TCACV.

2.6 Where the Property is a cottage, Guest should note that some of the cottages have a private water supply. Where this is the case, the supply is filtered and checked by the local council but TCACV recommends that Guest boils water before drinking it or uses bottled water.

2.7 TCACV does not accept any liability for any breakdown in the supply of any utilities or other essential services. TCACV shall, through its local agents or the Owner, use all reasonable endeavours to arrange for any utility/service breakdown problems to be resolved but cannot be held liable for delays or problems arising as a result of such breakdowns outside its control.

2.8 All complaints about problems with the Property must be made immediately to the Owner as the problems arise and Guest acknowledges that problems reported at the end of the Hire Period cannot be taken into consideration.

2.9 Additional cleaning and cooking services may be available to Guest subject to a separate charge. Where Guest arranges for additional services at the Property, it is Guests responsibility to take care of payment in respect of any charges for the same (including in the event that Guest subsequently cancels such services). Where Guest wishes for such services to be provided by or arranged by TCACV or Owner, payment for such services may ? where applicable - be made in advance of the Hire Period or, where possible, deducted from the security deposit. Guest is required to give TCACV as much advance notice as possible of any additional services which may be needed.

2.10 TCACV reserves the right to refuse a booking without providing any reasons to Guest.

2.11 Guest acknowledges that this Agreement and the rental of the Property shall be construed as satisfying transitory housing needs only and that the contractual relationship created further to this Agreement shall expire at the end of the Hire Period.

2.12 The balance of the Rental Fees (after payment of the Deposit) shall be payable by Guest no later than 56 days prior to the commencement of the Hire Period, as stated in the Booking Form. If any amount is not paid by the due date then TCACV reserves the right to terminate this agreement by giving notice to the Guest ? upon any such termiantion a cancellation fee is payable immediately in accordance with clause 2.17. Bookings made less than 45 days prior to the commencement of the Hire Period shall require full payment of the Rental Fees at the time of booking. Failure to pay the Rental Fees by their due date shall entitle TCACV to cancel Guests booking without prejudice to TCACVs right to claim a cancellation charge in accordance with this Agreement. Unless otherwise specified by TCACV Rental Fees are, usually, in English Pounds Sterling (?) based on the rate of exchange between English Sterling pounds and Euro at the time of the transaction. All prices are subject to change until full payment has been received. Payments to TCACV are accepted in English Pounds Sterling only, unless TCACV states otherwise by notice to Guest.

2.13 The Party (being number of persons occupying the Property) must not exceed the number provided by the Guest in the Booking Form save where Guest has notified Owner via TCACV of such increase to the size of the Party at least [7] days prior to the commencement of the Hire Period and the same has been agreed to by TCACV (or Owner directly), subject to Owners (whether directly or via TCACV) entitlement to charge an additional fee in respect of the same. Where Owner/TCACV has not agreed to increasing the size of the Party, any additional members of the Party may be required to vacate the Property and Owner/TCACV shall, in any event, be entitled to terminate the rental of the Property by Guest forthwith in such circumstances. Where Owner (or TCACV on Owners behalf) resorts to such action, the Hire Period shall be terminated without any liability to TCACV or Owner in respect of refund of any part of the Rental Fees. Infants in portable cribs may (depending on the Property) sometimes be accommodated over and above the number of persons permitted to accommodate the Property but this is subject to prior agreement with TCACV before payment of the Deposit.

2.14 On arrival, or as soon as possible after arrival at the Property, Guest should inspect the property with the Owner or Owners local representative and ensure that Guest understands the use of any appliances, equipment and utilities. Guest should read any house notes carefully before using appliances as frequently Italian appliances are different from those which may be used to at home. Washing machines and dishwashers may, for example, have a timed safety catch on doors, which, if forced, may break the door.

2.15 In the unlikely event that TCACV makes any changes to any confirmed arrangements in respect of a booking due to events outside its control, TCACV reserves the right to transfer Guest to a property which is similar to or better than the Property. Where Guest rejects such alternative Property, TCACV will refund the full Rental Fees to Guest. This shall be Guests only remedy in respect of such changes in circumstances and Guest hereby acknowledges the foregoing.

2.16 TCACV recommends that once Guests bookings have been accepted by it, Guests should consider taking out travel insurance to cater for any subsequent cancellations of their holidays and related bookings with TCACV.

2.17 Any cancellation by Guest must be notified to TCACV in writing and shall incur the following charges:

2.17.1 where cancellation occurs more than 56 days before commencement of the Hire Period, the cancellation charge shall be 35% of the total Rental Fee;

2.17.2 where cancellation occurs within 45 days of the commencement of the Hire Period, the cancellation charge shall be 50% of the total Rental Fee;

2.17.3 where cancellation occurs within 30 days of the commencement of the Hire Period, the cancellation charge shall be 70% of the total Rental Fee; and

2.17.4 where cancellation occurs within 7 days of the commencement of the Hire Period, the cancellation charge shall be 100% of the total Rental Fee.
2.18 Guest and Party are able to check into the Property between the hours of 4pm and 7pm only on the day of arrival at the Property and must check out before 10am on the day of departure, unless alternative times have been agreed with TCACV in advance. It is Guests obligation to notify TCACV of the Partys anticipated time of arrival at the Property at least 30 days in advance of the arrival date.

2.19 The Property shall contain sufficient beds, kitchen and bathroom facilities as well as cookware, utensils, dishes, glassware and silverware all suitable for the number of persons which the Party is intended to include (and listed on the Rental Voucher). Linen and towels are included in the Rental Fees and are not charged as Extras. If the Party requires a cot and high chair at the Property, this should be notified to TCACV at least 30 days prior to the commencement of the Hire Period so that suitable arrangements may be made. Where the Property does not habitually provide a cot and a high chair, such provision to Guest may be charged as an Extra. Guest acknowledges that cots and high chairs may vary in age, style and condition and should only be used by a small child aged under 24 months.

2.20 TCACV makes every effort to ensure that the description of the Property (as appears on the TCACV Website) is accurate and up to date. Guest acknowledges that whilst TCACV makes every effort to update the descriptions for any material changes made to the Property, TCACV shall not be held responsible for any minor discrepancies in the Property from the descriptions on the TCACV Website or any changes made to the Property by Owner after entry by Guest into this Agreement on the Commencement Date. If there are any material changes to the Property which are made after the Commencement Date TCACV will make Guest aware of such changes as soon as reasonably possible after TCACV becomes aware of them.

2.21 Occasionally the exteriors, furniture, furnishings and room layouts of the Property may differ from the photographs on the TCACV Website.

2.22 Grass cutting, gardening, window cleaning and maintenance works may from time to time be carried out by or on behalf of Owner during the Hire Period. Where possible, however, Owner will try to accommodate Guests reasonable requirements (if such requirements are notified to Owner) and will try to carry out all such works with the least disruption to Guest as far as reasonably possible.

2.23 Where the Property is an old cottage, Guest acknowledges that it may be prone to damp patches during wet or humid weather, and prone to condensation on walls. These problems can be alleviated by ventilating the Property. However, it is TCACVs strong recommendation that elderly guest, very young guests or any other guests who may be sensitive to humidity and damp should avoid such cottages especially during the wettest times of the year. Guest also acknowledges that old cottages may be prone to uneven floors and care should be taken to avoid tripping.

2.24 Unless otherwise stated, private swimming pools are not heated and most are open from mid May until mid September, depending upon the weather and subject to Owners discretion (in respect of which TCACV has no responsibility). Some public pools in the area may be open only for June, July and August. Use of the swimming pool is strictly at Guests own risk and children must be supervised at all times. Guest should confirm pool availability with TCACV prior to booking.

2.25 The Property will be handed over to Guest clean and in good order and should be left upon departure in the same condition. Guest should note that especially during a dry summer, dust collects quickly in older properties. While Guest is not expected to scrub floors, a general sweep and tidy-up is expected. A final cleaning fee is added to the Rental Fees for the Property and details of which are available on the Property information on the TCACV Website. This cost may vary according to the number of persons in the Party. Many owners will arrange for a cleaner if Guest asks. If the property has not been left in an acceptable state, Owner or Owners local representative may deduct cleaning charges from the security deposit upon departure. Guest must ensure that all rubbish is deposited outside the Property in the appropriate rubbish bins assigned and marked in the locality of the Property. All dishes must be cleaned and dried and the refrigerator must be emptied.

2.26 Guest is responsible for the civilised behaviour of the Party at all times. Should the Party behave in a manner that is not acceptable or which causes nuisance to any third party, Owner or Owners local representative may require the Party to vacate the Property forthwith without any compensation.

2.27 Certain fetes and fiestas are held during the Summer months, which can be noisy and continue into the night. Neither the Owner not TCACV can be held responsible for the happening of these.

2.28 On the basis that TCACV only acts as agent for the Owner or tour operator, TCACV accepts no liability whatsoever for any death, personal injury, loss or damage of any kind, unless caused by TCACVs own negligence. Except as otherwise provided in this Agreement TCACV shall not be liable for any direct, indirect, special or consequential damages, howsoever arising, (including but not limited to loss of anticipated profits) in connection with or arising out of this Agreement. The total aggregate liability of TCACV to Guest (and if applicable, Party) under this Agreement shall be limited to the total [Rental Fees] paid by Guest in respect of the hire of the Property. For the avoidance of any doubt, TCACV cannot be held responsible for any loss suffered by Guest and Party as a result of any theft or robbery.

2.29 Save as otherwise provided in this Agreement, TCACV gives no warranties, conditions, guarantees or representations as to the Property or the hire of the same and all other warranties, conditions, guarantees or representations, whether express or implied, oral or in writing, except as expressly stated in this Agreement are hereby excluded to the extent that it is permissible for TCACV to do so.

2.30 Guest hereby indemnifies TCACV and shall hold it harmless against any damage, loss, cost or liability incurred by TCACV as a result of Guests breach of any provision of this Agreement and/or Guests hire of the Property.

3 General

3.1 This Agreement contains the whole agreement between the parties in respect of the subject matter of this Agreement and supersedes and replaces any prior written or oral agreements, representations or understandings between them relating to such subject matter. The parties confirm that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement. Without limiting the generality of the foregoing, neither party shall have any remedy in respect of any untrue statement made to it upon which it may have relied in entering into this Agreement, and a partys only remedy is for breach of contract. However, nothing in this Agreement purports to exclude liability for any fraudulent statement or act.

3.2 Should any provision of this Agreement be void or illegal for any reason, the validity of the remainder of the Agreement shall not be affected and the parties shall promptly enter into negotiation in good faith to find a replacement for the provision which is of similar economic effect to both parties.

3.3 TCACV shall not be liable to Owner or tour operator if the performance of any of its obligations hereunder is prevented or hindered due to any circumstances outside its control.

3.4 Any variation to this Agreement shall only be binding if it is recorded in a document which states that it is varying the terms of this Agreement and which is signed in one or more counterparts (each of which shall be deemed to be an original but all of which together shall constitute one and the same agreement) by the authorised representative of each party.

3.5 Neither party may assign the benefit of this Agreement or transfer, delegate or sub-contract any of its duties or obligations hereunder except as authorised hereby or with the prior written consent of the other such consent not to be unreasonably withheld or delayed.

3.6 The parties hereby agree that the Contracts (Rights of Third parties) Act 1999 shall not apply to this Agreement.

3.7 A notice required or permitted to be given by either party to the other under the Agreement shall be in writing addressed to the other party at its address specified in Part 1 or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice. Notices shall be deemed served on the second working day after the same have been posted, except where sent air-mail on mainland Europe in which case notices shall be deemed served on the fifth working day after the same have been posted.

3.8 The remedies available to the parties under this Agreement shall be without prejudice to any other rights, either at common law or under statute, which either may have against the other.

3.9 The failure or delay of either party to enforce or to exercise, at any time or for any period of time, any term of or any right, power or privilege arising pursuant to this Agreement does not constitute and shall not be construed as a waiver of such term or right and shall in no way affect either partys right later to enforce or exercise it nor shall any single or partial exercise of any remedy, right, power or privilege preclude any further exercise of the same or the exercise of any other remedy, right, power or privilege..