RESIDENCE CONTRACT 2017

Transcription

1 RESIDENCE CONTRACT 2017 Dear Guest, Although there is no specific law obliging us to draft the Residence Contract in Italian, we feel it is appropriate that the version to be signed should be drafted in this language, also by way of confirming the mutual intention of the parties to have the contract governed by Italian law. For reasons of transparency, please find a true copy of the contract below. TITLE I - Preliminary provisions 1. Ownership and subject - 1. The PuntAla Camp & Resort campsite is owned by the company Campeggio Puntala S.r.l., with registered office in Castiglione della Pescaia, Punta Ala, VAT number and Tax Code , hereinafter referred to as Campeggio Puntala. 2. Campeggio Puntala provides its guests with camping services as defined in article 29 of Tuscan Regional Law No. 42 dated 23 March 2000 and implemented in articles of the Decree of the President of the Regional Council No. 18/r dated 23 April TITLE II - Procedures CHAPTER I - Provision of the service SECTION I - Persons eligible for the service 2. Admission - 1. The tourist accommodation service is provided exclusively to tourist groups consisting of a maximum of 6 members per pitch, with a maximum of three tents in the same pitch or two tents and one campervan, pursuant to article 25, paragraph 3 of the Decree of the President of the Regional Council No. 18/R/2001, regulation implementing the single text of the regional laws on matters of tourism (Regional Law No. 42 dated March 2000). 2. The service is not provided to tour groups of any kind unless expressly authorised in advance by the Resort Management. 3. For individuals under 25 years of age who do not form a family unit or who are not guests of a client there is a specific area within the resort aside. 3. Guests - 1. Clients are allowed to welcome guests inside the resort. 2. Guests are admitted after payment of the specific rate where required. 3. Minors are not admitted as guests unless accompanied by adults who shall be responsible for supervising their behaviour throughout the entire stay in the camping resort and who shall be liable for all legal purposes towards Campeggio Puntala and towards third parties. SECTION II - Bookings and lengths of stay 4. Booking restrictions- 1. It is not possible to book stays at the DYN-AMICA RATE, STAY&SAVE RATE for periods of less than 7 nights. Bookings at the FLASH RATE and STANDARD RATE as well as some bookings at the PROMO RATE except from that rule. The Resort Management reserves the right to add and promote commercial offers different from those indicated above. 2. The Campeggio Puntala srl reserves the right to test the validity of the credit card given for guarantee even with a preauthorisation debit of the no-show price with ref. to art. 12 par. 3 of this agreement and/or the guarantee amount as ref. to art. 14 of this agreement. In case of negative result, the Resort will promptly inform the guest asking for a new guarantee of the booking; the Resort reserves the right to cancel the booking if the information is not given within 2 days. 5. Booking fees - 1. Administrative and booking fees have a fixed cost of euros and are non-refundable. These fees include travel insurance for the group leader (i.e. the person in whose name the booking was made) and for the individuals travelling with the latter. The administrative and booking fees are included in the cost of the stay if the stay is booked at the DYN-AMICA RATE or STAY&SAVE RATE ; they are neither included nor obligatory if the stay is booked at the FLASH RATE, PROMO RATE or STANDARD RATE. 6. Advance payments for the stay - 1. If the stay is booked at the DYN-AMICA RATE, we need an advance payment of 100% of the cost of the stay by 5pm within one week from the booking request date. 2. If the stay is booked at the FLASH RATE or PROMO RATE, we need a single payment of 100% of the cost of the stay by 5:00 pm on the following day from the booking request date. 3. If the stay is booked at the STANDARD RATE, no advance payment is required except for the payment guarantee in case of a no-show, with ref. to art. 12 par. 3 of this agreement. 4. Any additional services provided to the client during the stay at the resort must be paid within 72 hours of arrival; if the client did not make use of any extra services, a receipt with a balance of zero will be issued. 7. Right of withdrawal - 1. The client may cancel the booking at any time by informing Campeggio Puntala of the cancellation in writing, with the restrictions indicated below. 2. The cancellation results in the refund of the sum paid pursuant to article 6 if and only if it is made by 5pm within the 29th day prior to arrival at the resort if the guest has booked at the DYN-AMICA RATE.

2 3. If the client has booked at the STAY&SAVE RATE, FLASH RATE or PROMO RATE, the amounts paid pursuant to article 6 will not be refunded upon cancellation. 4. The cancellation will not result in any penalty if the booking was made at the STANDARD RATE and if and only if it is made by 5pm within one the day before arrival date. After that deadline and in case of a no-show, we will charge the cost of the first night of the stay as penalty, with ref. to art. 12 par. 3 of this agreement. 5. If the conditions are fulfilled, Campeggio Puntala undertakes to provide for a bank transfer of the amount to be refunded by 5pm on the first working day after the cancellation. 6. If the client has underwritten an insurance policy - whether purchased separately or included in the cost of the stay - he may ask for reimbursement from the insurance company if the prerequisites are fulfilled. 7. Any change to the dates is allowed if before 5pm 29th days prior to check-in if the booking was made at the DYN-AMICA RATE and before 5pm one day prior to check-in if the booking was made at the STANDARD RATE. New quotations might apply according the new dates and availability. 8. Length of stay and early departure - 1. For stays booked at rates other than the WALK IN RATE and the STANDARD RATE, the length of stay is that indicated upon booking and the entire amount agreed upon for the stay must be paid even if the client should forgo all or part of the stay. 2. For stays at the WALK IN RATE or STANDARD RATE, the length of the stay is that indicated at the time of check-in or during the reservation phase. If the client needs to leave early, this must be notified by 5pm two days before the actual departure; the night of the day after the notification will be charged if notification takes place later than required. 3. The maximum period of stay cannot exceed 28 nights. Any extension of the period of stay must be expressly authorised by the Booking Office. 4. The booking is personal and may not be transferred by the client to third parties in any way or for any reason. 9. Exclusions - 1. Campeggio Puntala does not offer contracts for the entire season. 10. Tourist tax - The advance payment of the cost of the stay required to complete the booking does not include the municipal tourist tax, which must be paid on site at the time of payment of the balance and which Campeggio Puntala must remit to the competent authorities. CHAPTER II - Check-in 11. Arrival and registration - 1. At the time of registration the client and his guests must provide Campeggio Puntala with their personal details; in case of subsequent changes regarding the guests, the client undertakes to inform Campeggio Puntala on the same day. 2. Clients who stay in the accommodations provided by the resort are given the keys as of 5:00 pm on the day of arrival. 3. Clients who provide their own accommodations may take possession of the pitch as of noon on the day of arrival. 12. Late arrival and no-show - 1. The client is allowed a delay of the scheduled arrival time up until 5:00 pm on the day after the scheduled arrival. 2. In case of a delay and up until arrival, the client is in any case charged the daily cost of the assigned pitch or accommodation at the rate agreed upon. 3. After 5:00 pm on the day after the scheduled arrival ( no-show ), the contract between Campeggio Puntala and the client is terminated and the pitch or accommodation becomes available to Campeggio Puntala again. The Campeggio Puntala srl reserves the right to charge the cost of the no-show as penalty. 13. Assignment of pitch ("Campsite" clients) - 1. The client must occupy the pitch indicated to him at the Reception Office or wait to be accompanied to the assigned pitch by a staff member. 2. Occupation of a pitch other than that assigned is permitted only upon express written authorisation from the Reception Office following a new registration procedure. 3. The pitches are identified by numbered signs. 4. The client s intended period of stay must be declared at the time of check-in and is binding with regard to a potential early departure. CHAPTER III - Check-out 14. Departure - 1. On the last day of the stay, the client must leave the resort at the following times: - by noon if staying in his own camper, caravan or tent; - by 10:00 am if staying in the accommodations owned by Campeggio Puntala. 15. Payment - 1. Payment of the balance of the stay and of all additional services for which payment is not made immediately is only possible during the opening hours of the Cash Desk (normally from 7:00 am until 11:00 pm). 2. For clients staying at the WALK-IN RATE or STANDARD RATE, payment must be made by the last day of the stay. 3. The client is obliged to show the tax receipt as proof of payment to the personnel on duty at the exit of the camping resort. 4. Once the tax receipt has been issued, the client and/or his guests cannot make any claims and/or complaints against Campeggio Puntala; these must therefore be made before the formalities that proceed the issuing of the receipt. TITLE III - Rules of conduct for clients and their guests CHAPTER I - Prohibitions

3 16. Respect for vegetation - 1. It is forbidden to tamper with the flora inside the resort in any way or by any means and to string up hammocks and/or clothes lines between the trees. 2. In case of violation of the above, article 21, paragraph 2 of this contract shall apply, without prejudice to the application of article 39 thereof. 17. Lighting of fires - 1. It is forbidden to light open fires in any part of the resort or its accessory areas. 2. This is without prejudice to the stricter regulations issued by the authorities in charge of heritage protection and conservation. 3. The use of the special barbecues provided inside the resort is permitted only on days when the wind does not exceed a force of 3 on the Beaufort scale (wind speed between 5.5 and 8 m/s) and scrupulously following the instructions displayed in these areas. 4. The use of gas stoves is permitted in the pitches as long as the stoves are places not less than 1.5 metres from the surrounding vegetation. 5. Smoking is forbidden in the buffer zone, that is in the area between the beach and the campsite pitches. 18. Waste disposal - 1. It is forbidden to dispose of waste except in the special containers provided by resort personnel, and disposal must comply with the legislation in force governing separate waste collection. Please see the Internal Regulations for details of the disposal procedure. 2. It is forbidden to dispose of wastewater of any type or provenance except in the specifically indicated user points located inside the resort (obligatory procedure for the discharge of caravan and camper wastewater) and/or in the sanitary facilities. 19. Use of electricity cables and electric appliances - 1. It is forbidden to obstruct the roadways inside the resort with cables and/or any other equipment for electrical connections; it is similarly prohibited to place or hang such cables or equipment on the surrounding vegetation. 2. Resort personnel are explicitly authorised to immediately and without notice detach any cable and/or other equipment placed in violation of the preceding paragraph. The same authorisation is granted in case of electrical connections not compliant with current legislation. 3. It is forbidden to set up, or in any case to use, antennas or dishes of any kind designed for the reception of radio and television signals. 20. Use of sound equipment - 1. It is forbidden at any time of the day or night to use musical instruments or any other sound transmission system without using suitable earphones. By way of example, such systems may include but are not limited to: televisions, radios, computers, CD or DVD players or cassette players. 21. Respect for the repose of others and rules of conduct - 1. It is forbidden to behave in a manner that could disturb the peace within the resort and its accessory areas as well as on the beach in front of the resort. 2. Within the periods during which circulation of mechanical vehicles is prohibited, the times of which are displayed at the resort and also indicated in article 28, paragraph 3 of this contract and in the Internal Regulations, it is forbidden to erect or dismantle tents or other camping equipment, to speak in loud voices not appropriate to the tranquillity which we aim to guarantee at such times, and to use mechanical vehicles. The playground may be used at all times. The Resort Management may, at its own discretion, make exceptions for entertainment activities. 3. It is expressly prohibited to go either nude or topless within the resort. Children are not permitted to enter shops, bars or restaurants in the nude. 22. Pets - 1. Pets are not allowed to enter the areas of the resort reserved to accommodation, supermarket and playground. 2. Pets are allowed within the resort, either belonging to our guests, their friends and/or visitors, only in the restaurant/bar Mare, commercial areas, (as newspaper kiosk, bazaar, boutique and entertainment area). Pets are allowed within the above mentioned premises (ref. par. 2 of this agreement) in the maximum number of one per owner only if: a. The owner shows the health insurance and vaccination card (compulsory). b. The owner must keep his/her pet on a leash and muzzle or in a cage; for their needs must be taken outside the resort premises and out from the beach making sure to clean them away; it is strictly forbidden within the accommodation area, market and playground; c. Pets cannot be left alone and should not disturb; the resort management reserves the right to dismiss guests and pets in case of breaching these rules. 3. Any exception to part. 1 and 2 of this article should be allowed by the management of the resort. Guide Dogs and Pet-therapy Dogs are allowed and make exceptions to this rule. 4. The owner is responsible for any damage occurred to people or things done by his/her pet. The owner must respect and follow this rule. 23. Changes to the pitch - 1. It is forbidden to change the state of the assigned pitch in any way whatsoever, except where such change is made necessary by exceptionally inclement weather conditions that threaten the safety of people and/or things; in such cases the client must immediately restore the pitch to its original state as soon as such conditions no longer apply, entirely at his own responsibility and expense. 24. Playground - 1. Children over the age of 12 are not allowed to use the playground. 2. Only children accompanied by adults are allowed access to the playground, and the adults are liable for the children for all legal intents and purposes towards Campeggio Puntala and towards third parties. 25. Cleaning-hygiene-esthetic-use of toilets 1. According to hygienic and sanitary reasons, in order to avoid insects or other animals, guests must keep clean and in order, his/her pitch. Guests should maintain public toilets clean.

4 CHAPTER II - Access and use of vehicles inside the resort 26. Cars - 1. The use of cars is authorised only for the unloading of luggage and camping equipment upon arrival and its loading on departure. 2. The duration of either of these operations must not exceed 2 hours unless expressly authorised in writing by the Reception Office. 3. In any case, in the hours of 1:00 pm to 3:00 pm and 11:00 pm to 7.00 am, or during different time brackets indicated in the Internal Regulations, circulation with mechanical vehicles is strictly forbidden in the resort and its accessory areas. 27. Campers - 1. Only campers that are duly approved by the competent authorities for overnight accommodation are permitted access to the camping resort. Personnel of the Reception Office in charge of surveillance are entitled to request the display of such documentation. 2. In any case, in the hours of 1:00 pm to 3:00 pm and 11:00 pm to 7.00 am, or during different time brackets indicated in the Internal Regulations, circulation with mechanical vehicles is strictly forbidden in the resort and its accessory areas. 28. Restrictions - 1. Motorbikes and motor scooters of any engine capacity whatsoever and electric-engine vehicles are not allowed into the camping resort. 2. It is forbidden to enter the playground with bicycles. 29. Circulation - 1. The speed limit for all vehicles within the resort is 4 km/h. 2. Resort personnel are authorised to confiscate the bicycle of any minor found riding it at a speed greater than that established in the previous paragraph, or in such a manner as to cause danger to others. The bicycle will be returned to the adult responsible for the minor. Any adult who commits the same violation will be issued a written warning and in the case of repetition of the offence will be prohibited from using the bicycle within the resort. 30. Car parks - 1. The resort has special unattended parking lots located in the resort s accessory areas. 2. It is absolutely forbidden to block the escape routes with vehicles of any kind, on pain of forcible removal. Should such obstruction be repeated for the third time with the same vehicle, the latter will be confiscated and returned to the owner at the end of the stay. 31. Damages or thefts. Liability - 1. Campeggio Puntala is not liable for any damage or theft of cars, motorbikes, bicycles and vehicles in general or of items left inside such vehicles parked inside the resort or in the parking lots in the resort s accessory areas. CHAPTER III - Management of emergencies 32. In case of fire 1. There are specific alarm systems (sirens) inside the resort which, in case of serious fire, emit three consecutive sounds at regular intervals. When this happens, guests must proceed in an orderly manner to the temporary muster points indicated by special signs installed on Via Costiera and Via PuntAla, where they should wait for the emergency team that will lead them to the nearest general muster points indicated by special signs. 33. In case of other emergencies 1. In case of health-related emergencies, serious natural events, situations of public safety, difficulties at sea: contact the campsite staff when available, or consult the notice board at the entrance where you will find all phone numbers needed to request aid. TITLE IV - Liability 34. Liability of the client and/or guests - 1. Clients and/or their guests are personally liable towards Campeggio Puntala and/or third parties for any direct or indirect damage to persons and/or things caused in any way because of conduct in violation of the regulations of this contract and/or of other applicable legislation in force. 35. Liability of the Camping Resort - 1. The resort does not accept any liability in terms of accommodation rates and/or compensation for damages in the event of temporary power outages, water shortages or technical malfunctions in the systems; it is not liable for any theft of objects (bicycles and vehicles in general) or money which may occur in the resort and its accessory areas, and it is liable within the limits of its insurance cover as far as deposited money is concerned. It is not liable for accidents caused by natural elements, such as wind, rain and similar phenomena, by falling branches or pine cones or other plant parts (resin, pine needle and/or leafs), whether due to weather conditions or not, by the presence of any type of insects or wild animal in the wooded area of the camping resort, animals which are normally present in Mediterranean woods and are considered a part thereof; nor is it liable for accidents caused by the guests or their equipment or vehicles. 2. If in fulfilment of legal obligations and/or safety requirements and/or to safeguard the pine forest Campeggio Puntala must cut down trees and/or any other type of vegetation, leading to an inevitable elimination of shaded areas present inside the resort, the client hereby explicitly absolves Campeggio Puntala of any responsibility towards him for the inability to take advantage of previously existing shade that has been eliminated and/or for any inconvenience that might occur for these operations.

5 36. Lost objects - 1. Any lost or abandoned objects found are kept at the reception s premises for a period of 30 days after they have been found. 37. Termination - 1. The violation of article 18, paragraph 1 first part, article 19, paragraphs 1, 2 and 5 and article 23 paragraph 1 of this contract lead to the immediate termination of the latter, with the obligation of the client and his guests to leave the resort within 6 hours following receipt of the notice of termination, and as contractual penalty to pay the fee for the entire period of stay booked, even where not yet fully enjoyed, with the right of Campeggio Puntala to claim compensation for damages. 2. Any late arrival past 5:00 pm on the day after the scheduled arrival date ( no-show ) leads to the immediate termination of this contract, with the right of Campeggio Puntala to claim compensation for damages. TITLE V - Final provisions 38. Changes - 1. Any change to the provision of the campsite services that is not in conflict with the rules of this contract is made public by a note on the special notice board located at the entrance to the camping resort. 2. Any variations that may be authorised for an individual client are communicated to the latter in writing, and the authorisation must be shown whenever requested by the resort personnel. Such exceptions do not entitle third parties to equivalent rights. 39. Disputes - 1. This contract is governed by Italian Law, and for any interpretation pertaining to its contents or for anything not specifically indicated therein, explicit reference is made to the legal regulations in force or, in their absence, to customary use and practice. 40. Assignment of the contract - 1. Following mergers, incorporations, company or branch transfers exclusively regarding Campeggio Puntala, this contract, and the rights and obligations deriving from it, shall be automatically transferred, without the need for the client s consent. 2. Campeggio Puntala does not accept the assignment of this contract to third parties by the client. 41. Internal regulations - 1. The client must comply with the resort s Internal Regulations and declares that he has entirely read and accepted these. 42. Closing provisions - 1. Any tolerance by Campeggio Puntala of behaviour of clients and/or their guests in violation of the terms of this contract shall not be deemed a waiver as regards the respective rights to which it is entitled on the basis of the said clauses. 2. If for any reason whatsoever any contract clause is found to be not compliant with mandatory legal provisions, it shall be without effect, without prejudice to the validity of the remaining clauses. 3. This contract represents the full expression of all agreements between the parties and completely covers their rights and obligations in relation to the subject of the contract. Any preceding and different written or oral agreement, either between the parties or in relation to third parties, is deemed null and void and without effect to the extent that it relates to this contract. 4. Any amendment to the terms and conditions of this contract must be made in writing on pain of invalidity. Read, approved and signed Date Client s signature Pursuant to articles 1341 and 1342 of the Civil Code, I declare that I have read and expressly accepted the terms of the following articles: 6. Advance payments for the stay; 7. Right of withdrawal; 8. Length of stay and early departure; 10. Tourist tax; 13. Assignment of pitch ("Campsite" clients); 22. Pets; 31. Damages or thefts. Liability; 34. Liability of the client and/or guests; 35 Liability of the Camping Resort; 37. Termination; 39. Disputes; 40. Assignment of the contract; 41. Internal regulations. Read, approved and signed Date Client s signature