Terms and Conditions
These ‘Terms and Conditions’ apply for all properties advertised for rental on the wesite www.zicala.it and through any other means by Emerald Solutions.
Please read these Terms and Conditions before completing the Reservation for your holiday rental. Completing a Reservation through the website www.zicala.it automatically affirms that you have read and agreed to these Terms and Conditions.
By agreeing to these Terms and Conditions, you are entering into a legally binding contract with the Owner of the holiday Property that you are reserving. Upon the Agent issuing a Notice of confirmation for the Reservation, via the aforementioned website or otherwise, a legally binding contract shall exist between the Customer and the Property Owner, subject to the following conditions.
Agent
Emerald Solutions, Palmi, Italy. The Agent arranges reservations of holiday properties as facilitators for holidaymakers (the Customer). The Agent does not own the property in any way and use of the property is subject to the terms of the Owner of each property.
Owner
The legal Owner or other person for the time being entitled to the Property or its rental income.
Customer
The person reserving the Property for the Period.
Property
The Property specified in the Reservation.
Period
The period of time specified in the Reservation for which the Customer is to occupy the Property for holiday purposes.
Reservation
The booking of a specific Property for occupation for a specified Period by the Customer, solely for holiday purposes.
Notice of confirmation
Written confirmation, by any means, electronic or otherwise, produced by the Agent for the purpose of confirming the particulars of the Reservation, including but not limited to the particulars of the Customer, the Property, the Period, the Total Holiday Cost and any other relevant or desired information relating to the occupation of the Property for holiday purposes.
Formation of Contract
The Contract is formed on issue by the Agent of a Notice of confirmation of the Reservation, such Notice of confirmation only being issued on receipt of a booking deposit for the Reservation. The booking deposit may vary according to the property, dates and duration of the holiday. In the absence of a booking deposit, a Notice of confirmation of the Reservation cannot be issued and thus no Reservation can be confirmed, and no Contract can be entered into.
Payments
For a Reservation to be made, the booking deposit must be paid at the time of making the Reservation. Final payment of the outstanding balance must be made so that the Total Holiday Cost is paid no less than 60 days before the start date of the Period. The Total Holiday Cost shall include any Extras added to the Reservation at or after the time of booking. Any Extras that are added to the Reservation after the Total Holiday Cost has been paid, shall be paid for at the time of being added to the Reservation. Neither the Owner nor the Agent shall be under any obligation to issue reminders for payments that are due. Non-payment of the Total Holiday Cost by the deadline set shall entitle the Owner or Agent to treat the reservation as cancelled by the Customer.
Security Deposit: Each Reservation requires the payment of a Security Deposit, which will be refunded to the Customer within 14 days from the last day of the Period, provided the Property and all its furniture, fittings and effects are in the same state of repair and condition as at the start of the Period. This also requires that the Property is vacated in the same state of cleanliness and general order in which it was found. The Security Deposit is payable by the deadline for paying the Total Holiday Cost.
Extras
Extras include any additional services which are offered by the Agent and which can be requested by the Customer at the time of making the Reservation or after. Extras may or may not incur an additional charge which is to be added to the cost of the Reservation and included within the Total Holiday Cost. Some Extras may incur an additional cost which can only be paid in loco at the time that the additional service is provided. Details regarding any additional costs incurred and how or when such costs are to be paid, shall be included in publicity material or detailed during the Reservation procedure.
Cancellation & Forfeiture
If the Customer cancels a Reservation at any time, the booking deposit paid shall be forfeited in any event. If the Customer cancels the Reservation before the Total Holiday Cost is paid, only the booking deposit will be forfeited. If the Customer cancels the Reservation after the Total Holiday Cost has been paid, and more than 2 months before the start date of the Period, the Total Holiday Cost minus the sum of the booking deposit shall be refunded to the Customer. If the Customer cancels the Reservation after the Total Holiday Cost has been paid, and more than 15 days before the start date of the Period, the sum of half the Total Holiday Cost minus the sum of the booking deposit shall be refunded to the Customer. If the Customer cancels the Reservation after the Total Holiday Cost has been paid, and 15 days or less before the start date of the Period, the Total Holiday Cost shall be forfeited. In any event, if the Customer has already paid the Security Deposit for a Reservation which is cancelled by the Customer, the Agent shall refund to the Customer the sum of the Security Deposit.
During the period
The Customer shall not allow the property to be occupied by more persons (and where appropriate animals) than the maximum number specified for the Property. The Agent, and their representatives or employees, shall have the right to enter the Property at all reasonable times during the day (save in the case of emergency when access at ANY time is permitted) for the purposes of inspection and repair of the property and its equipment, fittings and contents. The Customer shall occupy the property for holiday purposes and no other.
Customer obligations
1. To pay for all electricity consumption at the Property during the Period, unless otherwise stated. 2. To pay for any losses or damage to the Property or its contents during the Period, where such damage or loss is caused by the Customer or their family members or animals or any other person who is invited onto the Property by the Customer. Reasonable wear and tear is excluded, and is at the sole discretion of the Agent. 3. To keep the Property and all furniture, fittings and effects, in or on the property, in the same state of repair and condition as at the start of the Period, and to leave the Property in the same state of cleanliness and general order in which it was found. 4. The Owner and / or Agent will be entitled to make an additional charge to the Customer if extra cleaning is made necessary as a result of the Property being left in a dirty condition upon the Customer’s departure. Such fees will either be requested on departure or be deducted from the security deposit.
Arrival
The Property will be made available to the Customer for check-in from 16:00 onwards on the date of arrival, which is the first day of the Period. A check-in time earlier than 16:00 is at the sole discretion of the Agent and must be agreed in advance with the Agent.
Departure
The Property must be vacated (check-out) no later than 10:30 on the date of departure, which is the last day of the Period. A check-out time later than 10:30 is at the sole discretion of the Agent and must be agreed in advance with the Agent. The Customer shall be liable for any loss, claim, cost or expense arising from any failure on the part of the Customer to vacate the Property within the required time.
Discrepancies
Whilst the Agent and Owner take all reasonable steps to ensure the accuracy of publicity materials, including those in brochures, websites, other online platforms and any other illustrated, written or otherwise recorded materials produced in relation to the Property its facilities and surroundings, no liability for errors or omissions is accepted. The details of individual properties and their descriptions are supplied and / or reviewed by the Owner who is wholly and solely responsible for the content therein. Distances and dimensions are approximate. Facilities may alter or be withdrawn. No liability shall attach to the Owner or the Agent for the consequences of any acts or omissions of persons or events outside of their influence or control. In the event of any discrepancies between these Terms and Conditions and the contents of any publicity material, these Terms and Conditions shall prevail.
Complaints
To enable any complaint to be investigated and an action considered, complaints must be raised with the Agent immediately. The Agent shall refer any complaint they consider valid and justified to the Owner. The responsibility for any necessary remedial action at all times shall remain with the Owner, for whom the Agent acts only as Agent. If the Customer vacates the property prematurely as a result of any alleged dissatisfaction, or makes any claim after the Property has been vacated, and has not followed this procedure, then no liability for any subsequent claim will be accepted or correspondence entered into. All complaints made during the Period must be confirmed in writing to the Agents, within 7 days of the last day of the Period.
Alterations
A Customer wishing to alter a Reservation to a different Property after the Contract is formed, shall forfeit the deposit paid for the original Reservation and any alteration shall be treated as a new Reservation and Contract. Any such alterations are always at the discretion of the Agent. Where a Customer has requested Extras and the cost of such Extras increases between the date of making the Reservation and the date when the Extras are provided, such increase in cost shall be borne by the Customer. If for reasons beyond the control of the Owner or the Agent, the Extras are not available for the Period, the cost of the Extras will be refunded to the Customer, minus any administration costs if necessary. If for reasons beyond the control of the Owner or Agent, the property is not available for the Period, the Agent will endeavour to offer alternative accommodation of a similar type and standard and at the same cost as that originally requested by the Customer. If the alternative accommodation is not acceptable to the Customer acting in good faith, or no alternative accommodation can be offered, the Agent will refund in full all monies paid by the Customer and be under no other liability.
Pets: Pets are permitted in the Property only if explicitly permitted by the Owner and thus explicitly stated in the Property details and description. If a pet is taken to a property where pets are excluded, or the stated number or size of pets is exceeded, the Agent and the Owner are entitled to refuse entry and this will be treated as a cancellation by the Customer.
Amenities
The use of amenities where offered, such as swimming pools, tennis, fishing, golf etc. is entirely at the user’s risk and the Agent and Owner will accept no responsibility for loss or damage to the Customer’s belongings, personal injury or loss of life. Availability of amenities cannot be guaranteed.
Holiday & Personal Insurances
It is strongly advised that the Customer take out holiday insurance to cover any eventualities that may result in the Customer having to cancel the Reservation or any loss, accident, damage, injury, expense or inconvenience whether to person or property which may arise out of or in connection with the occupation of the Property during the Period for holiday purposes.
Jurisdiction
These terms and conditions shall be read and construed in accordance with the law of Italy and the parties hereby submit to such jurisdiction. In these Terms and Conditions, words importing the singular shall include the plural and vice versa. Words importing one gender shall include any other gender. Where the Customer comprises more than one person the liability of all such Customers shall be joint and several. The Agent is declared and acknowledged to act purely as Agent for the Owner and no liability shall attach to the Agent, their officers or employees for any breach or non-performance of any obligation on the part of the Owner. Any person who completes the Reservation on behalf of the Customer warrants that he has full authority and power to do so and to accept these Terms and Conditions on behalf of himself and any other person comprising the Customer. The definition of the Property shall include a reference to any alternative property substituted for it if the context so requires. The headings of the clauses and conditions shall not affect their interpretation.
Contract Copyright
This contract is Copyright of Emerald Solutions, Via Trento e Trieste, 129, Palmi, 89015 (RC), Italy. Registered in Italy with the Chamber of Commerce Reggio Calabria. Partita IVA 02803980800, Numero REA: 191511. All Rights Reserved.