AGB

General Terms and Conditions

1. Basic principles

These General Terms and Conditions (GTC) govern the legal relationship between the customer (hereinafter referred to as the “Guest”) and Agrinvest S.r.l. as the operator of the “Fornace Del Conte” Agriturismo (hereinafter referred to as the “Agriturismo”). For the sake of simplicity, these GTC always refer to the contract, regardless of the service.


The terms and conditions of the Agriturismo valid at the time of conclusion of the contract shall apply exclusively. The guest’s general terms and conditions shall not apply.

Should individual provisions of these GTC be ineffective or invalid, this shall not affect the validity of the contract and the remaining GTC provisions. In all other respects, the statutory provisions shall apply.

2. Place of jurisdiction / Applicable law

The place of jurisdiction is Montepulciano / Siena, insofar as no other legally binding place of jurisdiction exists.

Italian law shall apply exclusively to all general terms and conditions as well as to all individual contractual, reservation and any additional agreements. The place of performance and payment is the registered office of the Agriturismo.

3. Definitions

“Guest” within the meaning of these GTC is any person who makes a reservation/booking of one or more rooms or apartments at the Agriturismo for themselves alone or on behalf of a family or group.

“Reservation” within the meaning of these GTC is any binding request made by a guest to book a room / apartment at the Agriturismo for a clearly defined period of time. It is irrelevant whether the reservation is made via a booking portal or directly with the Agriturismo (e.g. by e-mail).

“Booking” within the meaning of these GTC is any reservation that has been confirmed in writing by the Agriturismo.

Written confirmation also includes e-mails from employees of the Agriturismo or from one of the booking platforms through which reservations of apartments / rooms in our Agriturismo are also possible.

A “contract” within the meaning of these GTC is deemed to have been concluded when the Agriturismo sends the booking confirmation to the guest.

The contractual partners are the guest and the Agriturismo.

4. Subject matter of the contract / Scope of application

 The subject of every contract between a Guest and the Agriturismo is the rental of one or more rooms and/or apartments of the Agriturismo for a clearly defined and limited period of time and, if applicable, the booking of further services of the Agriturismo described in the contract (for example: breakfast).

The contract includes the use of all areas of the Agriturismo set aside for guests. Further details are regulated by the house rules.

Entering the agricultural areas of the Agriturismo is prohibited in order to protect the products grown. Violations, as well as non-compliance with the house rules, can be punished with immediate termination of the guest’s stay – with full payment obligation for all contractually agreed services (rental costs and services).

Subsequent changes to the contract require the written consent of the Agriturismo. Unilateral amendments or additions to the contract by the guest are invalid.

The subletting and/or re-letting of a rented apartment/room and/or its use for purposes other than the accommodation of the guests for whom it was booked shall require the prior written consent of the Agriturismo.

5. Scope of services

The scope of the contract is determined by the individual reservation made by the guest and confirmed by the Agriturismo.

Subject to other contractual agreements, the guest is only entitled to the apartment(s)/room(s) booked by him/her.

Should the apartment(s)/room(s) booked by the guest not be available due to serious, unforeseeable circumstances beyond the control of the Agriturismo (e.g. natural disaster), the Agriturismo must inform the guest in good time and offer an equivalent replacement in a nearby Agriturismo. Any additional expenses for the replacement accommodation shall be borne by the Agriturismo. If the guest refuses the alternative accommodation offered, the Agriturismo must immediately refund any payments already made (e.g. deposits). The guest shall have no further claims.

6. Duration of use

Subject to other agreements, the guest has the right to use the rented rooms from 3:30 p.m. on the agreed day of arrival until 10:30 a.m. on the agreed day of departure.

In the event of late vacating of the room/apartment by the guest, the Agriturismo may charge EUR 50 per hour for use in excess of the contractual period.

If the guest is more than 3 hours late in vacating the room/apartment, the agriturismo is entitled to charge compensation amounting to 50% of the full daily rental price of the room/apartment in question in addition to the rental price due under the contract. The officially valid price list of the Agriturismo is decisive for the calculation of the compensation payment.

If the room / apartment rented by the guest has not been vacated by 4 p.m. on the agreed departure date, the guest shall be obliged to pay 100% of the room price and, in addition, to pay all costs that the Agriturismo may incur because subsequent guests cannot move into the room / apartment in question as planned and may have to be accommodated elsewhere instead. The defaulting guest will also incur costs for the organization and possible cab rides for the guests who have to be accommodated elsewhere.

The invoicing of a compensation payment for failure to vacate a room / apartment on time does not establish a new contractual relationship between the Agriturismo and the (defaulting) guest, nor can the guest derive a right to continued use of the room / apartment and guest areas of the Agriturismo from this. Rather, the obligation to vacate the room/apartment and to terminate the stay at the Agriturismo remains unchanged.

If a guest does not vacate the room/apartment occupied by him/her at the agreed time, the Agriturismo is generally authorized to remove the guest’s personal belongings from the room/apartment in question and to store them in a suitable place in the Agriturismo for a fee.

The Agriturismo reserves the right to claim further damages.

7. Prices / Payment obligation

The prices quoted by the Agriturismo are in euros (EUR) and include statutory VAT.

When booking a room/apartment, a deposit of 50% of the accommodation costs is due. In case that no deposit is being paid by the guest the Agriturismo has the right to cancel the booking.

The Agriturismo is obliged to take any deposits into account in the final invoice and deduct them from the total amount.

The guest is obliged to immediately check and pay the invoice issued to him for his stay at the Agriturismo and for any additional services provided by the Agriturismo (breakfast, drinks, use of the pool table, etc.). Any complaints must be made immediately and before payment. Payment of an invoice by the guest shall be deemed irrevocable confirmation of its correctness by the guest.

Unless otherwise agreed in writing, the final invoice must be paid in euros in cash or by accepted credit card at the latest at check-out on the day of departure. Exceptions to this payment obligation require a written agreement between both parties.

If statutory charges (VAT, tourist tax, etc.) are increased after conclusion of the contract, this shall be borne by the guest.

8. Withdrawal for objectively justified reasons

The Agriturismo is entitled to withdraw from the contract extraordinarily and with immediate effect for objectively justified reasons by means of a unilateral and written declaration.

 An objectively justified reason exists, for example, if

– an agreed advance payment or security deposit is not made within the period set by the Agriturismo;

– force majeure or other circumstances for which the Agriturismo is not responsible and which make the fulfillment of the contract objectively impossible;

– rooms or spaces are booked or used under misleading and/or false information (e.g. regarding the person of the guest or regarding the purpose of the stay/use of the premises);

– the Agriturismo has reasonable grounds to believe that the use of the agreed services may impair the smooth running of the business, the safety of other guests or the reputation of the Agriturismo (e.g. smoking in the buildings or in areas that are not expressly designated as smoking areas);

– the guest has become insolvent (bankruptcy or unsuccessful seizure) or fails to make payments due under the contract for any other reason;

– the purpose or reason for the stay is illegal.

If the Agriturismo withdraws from the contract for one or more of the aforementioned reasons, the guest shall not be entitled to any compensation or waiver of payment obligations resulting from the non-canceled use of the booked room(s)/apartment(s).

9. Cancellation of the reservation or booking / Cancellation fees

Cancellation of a booking (“Cancellation”) requires the consent of the Agriturismo, as does any subsequent amendment/addition to the contract. In the absence of such consent from the Agriturismo, the annulment/cancellation shall be deemed non-existent. For more details on the necessary form of cancellation by the guest or its confirmation by the Agriturismo, see Chapter 9 b of these GTC.

If the Agriturismo does not give its consent to a change, addition or cancellation requested by the guest, the contractually agreed price must be paid even if the guest does not make use of the contractually agreed services.

In the event that a guest does not show up at the agreed time despite booking a room/apartment (“no-show”), the guest will be charged for the entire stay (room/apartment rental and contractually agreed other services

(a) Form of cancellation

Cancellations must always be made in writing.

Cancellations by SMS, WhatsApp or similar, or in verbal form (for example: calls to employees of the Agriturismo, or voice messages on a mailbox) are not considered as legally valid cancellations.

(b) Cancellation fees

Cancellations up to 60 days before the contractually agreed arrival date are considered free of charge.

Cancellations made less than 60 days prior to the contractually agreed arrival date will be subject to cancellation fees to be paid by the guest in accordance with the following list:

– Cancellation 60-30 days before the agreed arrival date: 50% of the total cost of the contractually agreed services.

– Cancellation 30 to 15 days before the agreed arrival date: 75% of the total cost of the contractually agreed services.

– Cancellation 15 to 0 days before the agreed arrival date: 100% of the total cost of the contractually agreed services.

We generally recommend to take out travel cancellation insurance.

10. Early departure

If the guest departs early, the Agriturismo is entitled to charge the entire booked services (100% of the rent for the apartment/room and 100% of the contractually agreed services).

11. Obligation to notify

Due to the official obligation to register every guest of the Agriturismo with the police, every guest must send the Agriturismo a copy of his/her identity card and the identity cards of all persons traveling with him/her at least 72 hours before arrival.

Alternatively, the guest may provide the Agriturismo with the relevant data such as surname / maiden name, first names, date of birth, place of birth, number of the identity card, issuing authority and date of issue at least 72 hours before arrival and show the identity cards to the authorized staff of the Agriturismo on arrival to compare the data previously provided. The authorities oblige the Agriturismo to check the identity cards of each individual guest.

12. Persons authorized to stay / Use of rooms and areas

The room / apartment booked by the guest is reserved exclusively for the registered guest and, if applicable, for other persons traveling with the guest and registered with the Agriturismo.

The transfer of the room / apartment to a third person or its use by an additional person not registered with the Agriturismo upon conclusion of the contract requires a written request and the written approval of the Agriturismo. The presentation of the identity card of the third party for the purpose of police registration of this guest is obligatory and must be made unsolicited in the course of the request for extended use of the room / apartment.

By concluding a contract, the guest acquires the right for himself and all persons booked with him to the usual use of the rented rooms, areas and facilities of the Agriturismo, which are usually and recognizably furnished and accessible for guests of the Agriturismo.

13. House rules

The rules of the house rules apply to every guest in the same and unrestricted form.

By moving into a room/apartment at the Agriturismo, every guest undertakes to familiarize themselves with the rules of these house rules without being asked and to respect and comply with these rules. Possible ignorance of the rules of the house rules does not release the guest from their observance nor from his liability for damages that may arise due to non-compliance with the house rules.

14. WLAN / Access to and use of internet

The Agriturismo provides its guests with free access to the Internet via the in-house WLAN.

This voluntary service provided by the Agriturismo does not entitle the guest to an actual, permanent availability, suitability or reliability of this Internet access that meets his individual requirements and needs. In particular, the Agriturismo has no influence on possible fluctuations in the reception and transmission strength or on possible temporary interruptions of the WLAN. The Agriturismo therefore assumes no guarantee for a continuously stable network and a reception / transmission strength that meets all individual requirements and / or needs.

Each guest is liable for misuse and/or any illegal use of the Internet. The Agriturismo is entitled at any time to restrict access to the in-house WLAN in whole, in part or temporarily, in particular if the connection is or has been used illegally.

It is expressly pointed out that the WLAN only enables access to the Internet, but does not provide any virus protection and/or firewall.

All data traffic using the Agriturismo’s WLAN remains unencrypted. The data can therefore possibly be viewed by third parties.

The landlord expressly points out that there is a risk that malware (e.g. viruses, Trojans, worms, etc.) can get onto the end device when using the WLAN.

The use of the WLAN is at the tenant’s own risk. The Agriturismo accepts no liability for damage to the tenant’s digital media caused by the use of Internet access, unless the damage was caused intentionally or through gross negligence on the part of the landlord and/or his vicarious agents.

The tenant is responsible for the data transmitted via the WLAN, the chargeable services used and legal transactions carried out. If the tenant visits chargeable websites or enters into liabilities, the resulting costs shall be borne by the tenant. The tenant is obliged to comply with the applicable law when using the WLAN.

15. Smoking / Open fire

Smoking is strictly prohibited inside the Agriturismo, including e-cigarettes and similar devices.

On the outside areas of the Agriturismo, smoking is only permitted in the designated and clearly marked areas. Smokers undertake to take the greatest precautionary measures: use of ashtrays provided; not let glowing ashes fall on the ground or be blown away by the wind; carefully extinguish cigarette butts and dispose of them in the ashtray only etc.

The prohibition and the precautionary measures are due to the increased risk of fire and serve to protect all residents and the surrounding nature of the Agriturismo.

Open fires (e.g. for barbecues) are only permitted in consultation with and under the supervision of authorized staff of the Agriturismo and in the place designated by this authorized staff on the grounds of the Agriturismo.

Failure to comply with these rules of the house rules will result in the immediate termination of the guest’s right to stay with full payment obligation for the entire stay.

In addition, the guest concerned must expect to be reported to the authorities, which may result in a future entry ban to Italy.

17. Waste disposal / Final cleaning

In order to prevent insects and pests in the rooms / apartments, every guest is obliged to store waste in the containers provided for this purpose and to dispose of it properly in the public waste containers at short, regular intervals in the morning or to ask the staff of the Agriturismo to dispose of it accordingly.

Should the room / apartment require waste disposal or cleaning / renovation upon the guest’s departure that goes beyond the usual and reasonable extent, the Agriturismo may charge the additional costs for this waste disposal / cleaning / renovation, based on suitable and factually appropriate documentation of the residues / soiling / damage and the resulting additional expenses.

18. Extension of the stay

Unless otherwise agreed, the guest is not entitled to an extension of the booked and confirmed stay.

If the guest is unable to leave the Agriturismo on the day of the contractually agreed departure because unforeseeable extraordinary circumstances / force majeure (e.g. accident, illness, natural disaster) prevent all possibilities of departure, the contract shall be automatically extended for the duration of the impossibility of departure at the previous conditions. Any additional costs incurred as a result shall be borne by the guest.

19. Handling of events on behalf of the guest

Insofar as the Agriturismo procures technical and other equipment from third parties for the guest at the guest’s request, it shall act for the account of the guest.

The guest is liable for the careful handling and proper return of the equipment. The Agriturismo shall be indemnified by the guest against all third-party claims arising from the provision of these facilities.

The use of the guest’s own electrical equipment and appliances requires the prior written consent of the Agriturismo.

Any faults or damage to the technical equipment of the Agriturismo caused by the use of these devices and equipment shall be borne by the guest, unless the Agriturismo is responsible for them.

The Agriturismo may record and charge a flat rate for the electricity costs incurred through the use of the electrical systems and equipment.

With the consent of the Agriturismo, the guest is entitled to use his own telephone, fax and data transmission equipment.

Faults in the technical or other facilities provided by the Agriturismo shall be rectified as quickly as possible upon notification by the Guest.

Insofar as the Agriturismo is not responsible for the disruptions, disruptions shall neither reduce any claims to services nor give rise to any liability. The guest must obtain any official permits required for the event at his own expense. He is responsible for complying with the permits and all other public law regulations in connection with the event. Fines due to a violation of the permits are to be paid by the guest. The guest is responsible for handling the formalities and settlements required in connection with music performances and sound reinforcement with the responsible institutions.

20. Personal belongings

Each guest is responsible for the supervision and safekeeping of any personal belongings they bring with them – regardless of whether these items remain in the guest’s room/apartment during their stay or are taken onto the grounds of the Agriturismo (e.g. to the pool).

The Agriturismo assumes neither a duty of guarding nor a duty of safekeeping, nor any liability in the event of damage, loss or destruction of personal items brought along, except in the case of proven gross negligence or intent on the part of the agriturismo as the cause of the damage or loss of such personal items. .

21. Liability

The agriturismo shall be liable to the guest to the extent permitted by law for slight and medium negligence and shall only be liable for damage caused intentionally or by gross negligence. Should disruptions or defects occur in the services of the Agriturismo, the Agriturismo shall endeavor to remedy the situation upon immediate notification by the guest. If the guest fails to notify the Agriturismo of a defect in good time, there shall be no entitlement to a reduction in the contractually agreed remuneration.

The guest shall be liable to the Agriturismo for all damage and losses caused by him, his companions or assistants or participants in the event, without the Agriturismo having to prove fault on the part of the guest. The guest is responsible for the correct use and proper return of all technical aids / equipment provided by the Agriturismo or procured on its behalf via third parties, and is liable for damage and loss. The Guest shall be liable to third parties for services and expenses incurred by the Agriturismo.

If a third party makes the booking on behalf of the guest, he is liable to the Agriturismo as the customer for all obligations arising from the contract. Irrespective of this, every customer is obliged to pass on to the guest all information relevant to the booking, in particular these general terms and conditions.

22. Dogs

Dogs may only be brought into the Agriturismo in exceptional cases, under special conditions, after prior agreement with the Agriturismo and with written permission from the Agriturismo. This applies to the rooms, apartments and all indoor areas of the Agriturismo as well as to the entire outdoor area of the Agriturismo.

If permission is granted to bring a dog into the room/apartment rented by the guest, an additional one-off cleaning fee of € 50 will be charged.

Guests who bring a dog to the Agriturismo are obliged to keep or supervise this animal properly during their entire stay or to have it kept or supervised by a suitable third party at their own expense. The owner is fully liable for any soiling or damage caused by the dog.

Dogs must be kept on a leash throughout the entire grounds of the Agriturismo without exception.

Animals are not allowed in the dining room or in the swimming pool area. No exceptions can be made – also for reasons of hygiene. No employee of the Agriturismo is permitted to make such exceptions.

In all other respects, the statutory provisions on the responsible keeping of animals in public areas apply.

Violations of the specified and agreed rules will be punished by the Agriturismo with immediate termination of the guest’s stay with full payment obligation.

23. Accepted means of payment

For advance payments the Agriturismo only accepts: bank transfer.

Payments on site can only be made with Visa, Mastercard/Eurocard. Cash payment is only possible in exceptional cases and by prior arrangement.

24. Surcharges

Tourist tax is included in the apartment/room price.

25. Privacy policy

In accordance with GDPR 2016/679, the Agriturismo hereby informs that the processing of any personal data, including by electronic means, will be used exclusively to execute contracts.

26. House rules

If the guest violates the provisions of the house and/or local laws, the agriturismo may exercise its domestic authority and expel the guest from the agriturismo. A warning may, but need not, be given in advance. In this case, the guest remains liable to pay compensation for the total amount of the services reserved in advance.