Algemene voorwaarden
ACCOMMODATION AND BOOKING CONDITIONS
for contracts concluded from January 1, 2024
Dear Guest,
we appreciate your interest in booking accommodation with CRV s.r.l., Via Vantone 45, 25074 Idro (BS) in Italy, hereinafter referred to as the "Accommodation Provider." In the event of the conclusion of an accommodation contract, the Accommodation Provider, abbreviated as "CRV" below, will exert all efforts and experience to make your stay as pleasant as possible. Clear legal agreements about your rights and obligations as a guest, as well as the rights and obligations of the Accommodation Provider, contribute to this goal. These agreements are outlined in the following Accommodation Terms. These Accommodation Terms, when effectively agreed upon, become part of the accommodation contract concluded between you and the Accommodation Provider. Therefore, please read these Accommodation Terms carefully before making your reservation.
1. CRV's Position; Scope of these Contractual Terms
1.1. CRV operates the respective websites or acts as the publisher of corresponding catalogs, flyers, or other print and online media where explicitly indicated.
1.2. If CRV arranges a combination of accommodation and other services from the Accommodation Provider (e.g., accommodation with meals), and the other services do not constitute a significant part of the overall value of this package and are not promoted as such, CRV acts solely as a mediator of accommodation services.
1.3. These terms and conditions apply, if effectively agreed upon, to accommodation contracts where the basis for booking is the catalogs or accommodation offers issued by CRV.
2. Contract Conclusion
2.1. Applicable to all types of bookings:
a) The basis for the Accommodation Provider's offer and the guest's booking is the description of the accommodation and additional information in the booking basis (e.g., classification explanations) available to the guest at the time of booking.
b) In accordance with legal obligations, the guest is informed that, according to statutory regulations, there is no right of withdrawal for distance contracts (letters, catalogs, phone calls, faxes, emails, SMS, and mobile messages, as well as broadcasting and telemedia). However, there are legal provisions regarding the non-use of rental services (see also Section 6 of these Accommodation Terms). A right of withdrawal exists if the accommodation contract is concluded outside of business premises, unless the oral negotiations leading to the conclusion of the contract were conducted at your prior request; in the latter case, there is no right of withdrawal either.
c) In the case of bookings by clubs, travel groups, associations, companies, authorities, and institutions, the contractual partner for the accommodation contract and the payer is exclusively the entity making the booking, not the individual guest, unless the booking is explicitly made as a legal representative on behalf and with the authority of the guest.
d) Customers booking for accompanying guests (except in the cases of 2.1 c) are responsible for all contractual obligations of the guests for whom the booking is made, just as for their own obligations if explicitly and separately assumed through a declaration. Such guests or principals booking for accompanying guests are collectively referred to as "Customer" below.
2.2. For bookings made orally, by phone, in writing, via email, or fax:
a) By making a booking, the guest instructs CRV to make a binding offer on behalf of the guest to book the Accommodation Provider's services, including these Accommodation Terms.
b) The contract is concluded upon receipt of CRV's acceptance (booking confirmation) by the guest. It does not require a specific form, so verbal and telephone confirmations are legally binding for both the guest and the Accommodation Provider. In most cases, when bookings are confirmed verbally or by phone, CRV, on behalf of the Accommodation Provider, will also send a written confirmation to the guest. However, verbal or telephone bookings by the guest, with corresponding binding verbal or telephone confirmation by CRV as the Accommodation Provider, also result in a binding contract, even if the guest does not receive the additional written confirmation.
c) If CRV provides the guest with a special offer upon the guest's request, this constitutes, contrary to the above regulations, a binding contractual offer from the Accommodation Provider to the guest. The contract is concluded without CRV's specific confirmation if the guest accepts this offer within a specified period, without limitations, changes, or extensions, through an explicit statement, down payment, final payment, or use of the accommodation.
2.3. For online bookings made through a website displaying availabilities and the total booking price:
a) Offers on CRV's website are not legally binding contract offers.
b) After the customer has entered their preferences (travel time, number of participants, travel period, etc.) on the online booking platform, the platform displays information about the services and prices of available capacities from the accommodation provider.
c) Based on this information, the customer can, if necessary, after checking availability, submit a binding contract offer to the accommodation provider by completing a registration form with the customer's contact details. This is done by completing the registration form by the customer as described above.
d) By clicking the "payable book" button, the guest instructs CRV to make a binding offer on behalf of the guest to book the accommodation provider's services, including these mediation conditions. The guest will then promptly receive confirmation of their booking electronically.
e) Transmitting the contractual offer by clicking the "payable book" button does not entitle the guest to the conclusion of an accommodation contract according to their booking details. The accommodation provider is free to decide whether to accept the guest's contractual offer.
f) The contract is concluded upon the guest's receipt of the booking confirmation from the accommodation provider.
3. Prices and Services
3.1. The prices stated in the booking basis (accommodation provider's offer, internet) are final prices and include statutory value-added tax and all additional costs, unless otherwise stated regarding additional costs. Local taxes, charges for consumption-dependent services (e.g., electricity, gas, air conditioning), and charges for optional and additional services taken on-site may be incurred separately and itemized.
3.2. The services owed by the accommodation provider are exclusively determined by the content of the booking confirmation, the information about the accommodation, and the accommodation provider's services in the booking basis, as well as any additional agreements explicitly made with you.
4. Payment
4.1. The due dates for the deposit and final payment depend on the agreement between the guest and the accommodation provider, as noted in the booking confirmation.
4.2. In the case of accommodation bookings, a deposit is due upon contract conclusion (receipt of the booking confirmation). Unless otherwise specified in the booking confirmation, this is 30% of the total price and must be paid to CRV within 7 days.
4.3. The final payment must be transferred to CRV's account no later than 4 weeks before the start of the stay.
4.4. For camping stays for holiday campers, either:
4.4.1. A deposit of 30% of the total price (at least 50 Euros and a maximum of the total price) for all booked services must be paid to CRV. In this case, the cancellation conditions under Section 6.4.2 apply, or
4.4.2. A deposit of 100% of the total price for all booked services minus an advance payment discount specified at the time of booking must be paid to CRV. In this case, the cancellation conditions under Section 6.4.1 apply.
4.5. If the guest does not pay the due deposit or the final payment within the agreed periods, CRV is entitled, after issuing a reminder and setting a grace period, to withdraw from the contract and claim damages in accordance with Section 6.3.
4.6. For bookings made less than 4 weeks before the start of the stay, the total price is immediately due for payment upon receipt of the booking confirmation.
5. Services Not Used
5.1. If the guest does not make use of individual services that the Accommodation Provider is willing and able to provide as part of the contractual obligations for reasons within the guest's sphere (e.g., early departure or other compelling reasons), the guest is not entitled to a pro-rata refund of the contractually agreed price. This does not apply if the Accommodation Provider is responsible for the non-use of services or if the services are not provided due to force majeure.
6. Cancellation by the Guest
6.1. Withdrawal by the guest from the contract concluded with the Accommodation Provider is only valid if a right of withdrawal was explicitly agreed upon in the contract, if there is a statutory right of withdrawal, or if the Accommodation Provider expressly agrees to the cancellation.
6.2. If a withdrawal agreement between the guest and the Accommodation Provider was not made or if there is no statutory right of withdrawal or termination, but the Accommodation Provider agrees to the cancellation, the Accommodation Provider is entitled to the contractually agreed compensation, taking into account the saved expenses and possible other uses of the booked services. CRV recommends taking out travel cancellation insurance for such cases.
6.3. If the guest does not use the booked services without canceling or withdrawing from the contract, they remain obligated to pay the contractually agreed price, notwithstanding any saved expenses from the Accommodation Provider. The Accommodation Provider must offset the income from renting the booked rooms to other guests and the saved expenses. If the rooms are not rented to other guests, the Accommodation Provider may demand a flat-rate compensation for the lost revenue, considering the expenses saved.
6.4. According to the percentages recognized by case law for the assessment of saved expenses, the guest is obligated to pay the following amounts to the accommodation provider, taking into account any amounts to be credited under clause 6.3, each based on the total price of accommodation services or booked camping services (including all additional costs), but excluding tourist taxes:
6.4.1. for bookings of holiday accommodations according to clause 2.1.c:
a. up to 57 days before arrival: 15% (minimum €50 per booking)
b. from the 56th day to the 43rd day before arrival: 30%
c. from the 42nd day to the 29th day before arrival: 60%
d. from the 28th day until the day before arrival: 80%
e. on the day of arrival and in case of non-arrival: 90%
6.4.2. for bookings of camping stays with a deposit according to clause 4.4.1:
a. up to 42 days before arrival: no cancellation fee
b. up to the day of arrival: 30% of the total price (minimum 50 Euro)
6.4.3. for bookings of camping stays with 100% prepayment minus an advance payment discount according to clause 4.4.2:
a. up to 42 days before arrival: no cancellation fee
b. from the 41st day and in case of non-arrival: 100% (no refund)
6.5. In certain cases, a different cancellation rate may be applied contrary to point 6.4, provided that the customer has made his binding booking declaration with knowledge of these deviating conditions.
6.6. For camping stays, the booked period can be shortened if the departure is notified to the accommodation provider 3 days in advance. In this case:
- for bookings according to clause 4.4.1, the services for all registered persons and the booked pitch category for the following 3 days must be paid, taking into account the deposit.
- no refund will be made for bookings according to clause 4.4.2.
6.7. The guest expressly reserves the right to prove to the accommodation provider that the saved expenses are significantly higher than the deductions considered above, or that there has been another use of accommodation services or other services. In the event of such proof, the guest is only obliged to pay the correspondingly lower amount.
6.8. The guest is strongly advised to take out travel cancellation insurance or another cancellation protection package.
6.9. The declaration of withdrawal must be addressed directly to CRV for all bookings and should be made in text form in the guest's interest.
7. Guest's Obligations; Termination by the Guest
7.1. The guest is obliged to observe house or campsite rules that have been communicated to him or for which reasonable means of knowledge were available due to corresponding indications.
7.2. The guest is obliged to report occurring defects and disruptions to the accommodation provider immediately and to demand remedy. If the guest culpably fails to report these defects, the guest's claims against the accommodation provider may be wholly or partially forfeited.
7.3. The guest can only terminate the contract in the case of significant defects or disruptions. The guest must first set a reasonable deadline for remedy within the scope of the defect report, unless remedy is impossible, refused by the accommodation provider, or immediate termination is objectively justified by a special interest of the guest or the continuation of the stay is objectively unreasonable for the guest for such reasons.
7.4. The transportation and accommodation of pets in the accommodation is only permitted in the case of an expressly agreed agreement if the accommodation provider provides for this possibility in the advertisement. The guest is obliged to provide truthful information about the type and size within the framework of such agreements. Violations of this can entitle the accommodation provider to extraordinary termination of the accommodation contract.
For camping stays, the accommodation of pets is allowed. However, they must be registered upon arrival. Upon departure, the fee according to the current price list must be paid.
8. Limitation of Liability
8.1. The liability of the accommodation provider under the accommodation contract for damages not resulting from the violation of life, body, or health is excluded, unless it is based on intentional or grossly negligent breach of duty by the accommodation provider or one of its legal representatives or vicarious agents.
8.2. This regulation does not affect the possible innkeeper's liability of the accommodation provider for brought-in items.
8.3. The accommodation provider is not liable for service disruptions in connection with services that are visibly only brokered as third-party services during the stay for the guest (e.g., excursions, guided hikes, outdoor and sports activities, sports and fitness programs, admission tickets, tickets for transport services, sports events, theater visits, exhibitions, etc.). The same applies to third-party services that are already brokered by the accommodation provider together with the booking of accommodation, insofar as these are expressly marked as third-party services in the advertisement or booking confirmation.
9. Alternative Dispute Resolution; Choice of Law and Jurisdiction
9.1. The CRV as the accommodation provider points out with regard to the Consumer Dispute Resolution Act that neither CRV nor the accommodation provider currently participate in voluntary consumer dispute resolution. If participation in a consumer dispute resolution institution becomes mandatory for CRV or the accommodation provider after the publication of these mediation and accommodation conditions, the guest will be informed about this in an appropriate form. For all mediation and accommodation contracts concluded in electronic legal transactions, reference is made to the European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/.
9.2. Only Italian law applies to the contractual relationship between the accommodation provider and the guest. The same applies to other legal relationships.
9.3. The guest can only sue CRV or the accommodation provider at their registered office.
9.4. For lawsuits by the accommodation provider against the guest, the guest's place of residence is decisive. For lawsuits against guests who are merchants, legal entities under public or private law, or persons who have their domicile/business address or habitual residence abroad, or whose domicile/business address or habitual residence is not known at the time of filing the lawsuit, the registered office of CRV in Brescia can be chosen as the place of jurisdiction.
9.5. The above provisions do not apply if and to the extent that applicable, non-waivable provisions of the European Union or other international provisions apply to the contract.
The accommodation provider is:
CRV s.r.l.
Via Vantone 45
25074 Idro (BS)
Italia
Tel. +39/ 0365 / 83125
Partita IVA e Codice Fiscale: IT02514810981
Codice SDI: M5UXCR1
Amministratore: Oliver Frank
Camera di Commercio: Brescia REA BS-456175