Your holiday destination is already decided, but you are still missing the right accommodation? On MUSE.holiday, you will find over 150 apartments, chalets, and villas, as well as farms for your time out in South Tyrol - whether in the traditional Ladin Val Gardena, at Kronplatz directly overlooking the Fanes-Sennes-Braies Nature Park, on the Alpe di Siusi, the largest high alpine pasture in Europe, exploring the serene beauty of Alta Badia, or from summer 2024, enjoying the picturesque views at Garda Lake.
General contract terms and conditions for guests of MUSE.holiday partner accommodations
GENERAL TERMS AND CONDITIONS FOR GUESTS OF PARTNER FACILITIES WITH Apartment4holiday
Apartment4holiday S.r.l., headquartered at Via Arnaria 9, 39040 – Castelrotto (BZ), Tax Code and VAT 02875720211, registered at the Chamber of Commerce in Bolzano under number 02875720211 (hereinafter also referred to as “Apartment4holiday”, “MUSE.holiday”, “MUSE” or “we”) operates as a broker and provides booking services, key delivery, collection, invoicing, and manages the rental relationship with guests of the accommodation structures part of the MUSE.holiday network (“Guest”). Therefore, the Guest enters into a contract with MUSE.holiday, which manages the lease on behalf of the owner of each accommodation and upon assignment by the latter.
The general contract terms ("General Terms") apply to all contracts made by MUSE.holiday, both through the MUSE.holiday portal (accessible at https://www.muse.holiday/it/) (“Portal”) and through tourist platforms operated by others, for the rental of accommodations part of the MUSE.holiday network (“Structures”) and for the provision of additional services occasionally requested ("Contract").
Upon receipt by the Guest, in the manner and within the time specified below, of the booking confirmation, the Contract is considered concluded.
The Contract between the Guest and MUSE.holiday will be governed by these General Terms and as specified in the booking confirmation, sent directly by us or by our affiliated partners on our behalf and in our name, as well as by the rules of the individual booked Structures - which the Guest claims to know, understand, and accept – available at any time on our Portal and, in any case, posted inside the Structures and an integral part of the contractual relationship.
The version of the General Terms in force at the time the Contract is concluded will always apply. Any changes and/or additions to these General Terms will be communicated in the ways and times deemed most appropriate.
- BOOKINGS AND CANCELLATIONS
1.1. When booking, the Guest must pay 30% (or 100%, if the booking occurs within 30 days before the stay date) of the agreed price for the accommodation (“Price”) as a deposit, according to art. 1386 c.c. For all bookings made through our Portal, the booking cannot be considered successful until we have received the deposit payment confirmation. Additional service costs might be added to the Price, which will be indicated and paid separately.
1.2. Bookings can be made in the following ways:
a) Down payment through credit card with secure debit on the credit/debit card and credit to MUSE.holiday's bank account managed by a third party; or b) Down payment by bank transfer and balance of the remaining amount by bank transfer within 30 days before the stay date (this method is not available for Structures where Check-in at MUSE.holiday offices is not possible); the down payment by bank transfer must be made within 24 hours of the booking, otherwise, the booking will be automatically canceled, with the consequences referred to in Art. 1.5. below.
1.3. Any payment made in the ways mentioned in letters a) and b) of the preceding Art. 1.2. will be fully considered as a payment, total or partial, by the Guest of the Price and will be counted towards the final Price payment, which, therefore, cannot be claimed back by the Guest. MUSE.holiday reserves the right to charge without prior notice, starting from the thirtieth day before the start date of the stay, the remaining Price on the credit card provided as a guarantee. Alternatively, MUSE.holiday may also request this amount via bank transfer. If the charge on the credit card or the balance of the remaining amount sent by bank transfer does not arrive within 24 hours from the attempted charge or payment request, the booking will be considered canceled by the Guest, and MUSE.holiday will retain the paid amount as a deposit (however, not more than 30% of the total Price) as compensation for the cancellation. If the non-payment of the remaining Price occurs within 30 days before the stay date, the Guest must pay a penalty equal to 100% of the total Price. The right to compensation for further damage remains valid.
Cancellations, Changes, or No-shows
1.4. Cancellation of already confirmed bookings must be communicated in writing to the address firstname.lastname@example.org or to another address indicated in the booking confirmation email, using the same email address used for the booking with the booking ID code, or any other means that allows the Guest's identification. If the Guest books through other tourist platforms, the cancellation must be made through the link indicated in the confirmation email or, where provided, from their profile created on the said platforms.
1.5. Unless otherwise agreed, in the event of cancellation by the Guest or if they fail to arrive without prior notice, MUSE.holiday will apply the following penalties:
- For cancellations or changes made after the conclusion of the Contract and up to 30 days before the date of stay, MUSE.holiday will charge an amount equivalent to 30% of the Price as a cancellation fee.
- For cancellations or changes made with less than 30 days' notice before the date of stay or if the guest fails to arrive without prior notice within that period, MUSE.holiday will charge a penalty equivalent to 100% of the total Price.
1.6. If due to force majeure or any other event or circumstance beyond its reasonable control (such as but not limited to uprisings, riots, invasions, wars, fires, explosions, or the spread of viruses on the national territory, like the one currently known as Covid-19) ("Force Majeure Event"), MUSE.holiday is forced to cancel the Guest's booking, it cannot be considered as defaulting on its obligations under these General Conditions if the non-fulfillment or delay is due to a Force Majeure Event communicated to the other Party at least 15 days before the date of stay. Alternatively, MUSE.holiday, with the Guest's consent, may assign a substitute accommodation of equal or higher category. If the price of the substitute accommodation is lower, MUSE.holiday will refund the difference to the Guest. MUSE.holiday, again with the Guest's consent, may also offer a voucher that the Guest can use for a new booking within a stipulated period. If the voucher is accepted, unless there are different legal or regulatory provisions or measures issued by the competent authorities, it may not be refundable upon expiration.
2. CHECK-IN PROVISIONS
2.1. The Facilities will be made available to Guests starting from 4:00 PM on the agreed arrival day. Check-in (as defined below) can be done between 3:00 PM and 7:00 PM on the arrival day. For bookings made within 48 hours prior to the stay date ("Last Minute Bookings"), the reserved Facility will be available from 6:00 PM. Unless otherwise communicated in writing, Check-in is performed at the nearest MUSE.holiday office to the booked accommodation.
2.2. Unless otherwise specified in these General Conditions, upon their arrival, the Guest must:
- Show the identity documents of the guests who will stay in the Facility (including children and infants);
- At the time of Check-in, in line with the requirements of the applicable law, the Guest will pay separately the amount of the tourist tax correctly calculated based on the people who will stay in the Facility ("Check-in").
2.3. As a guarantee for all obligations undertaken by the Guest, including the obligation to safeguard and maintain the premises and listed objects as well as the timely return of the Facility, MUSE.holiday may request a security deposit of up to Euro 500.00 per Facility ("Deposit"). If the Guest breaches their obligations, MUSE.holiday will have the right to withhold the said deposit, notwithstanding compensation for further damage. For the deposit and its management, MUSE.holiday uses services offered by third-party providers; if the Guest agrees to the deposit and its management through a third-party provider, they will conclude a separate service contract with that provider, which may also involve other auxiliary services. If the Guest does not wish to use services offered by a third-party provider, the deposit can be paid in cash or as a pre-authorization on a credit card and will be returned in the same form chosen for payment. The deposit will be returned at Check-out upon the return of the keys, the information booklet, and everything else the Guest received at Check-in, after a final inspection of the Facility by the owner or their representative.
2.4. The exact arrival time must be communicated to MUSE.holiday at the time of booking and, in any case, three days before the arrival date. Any change in the arrival time must be communicated promptly and, in any case, by our office's closing time on the arrival date. In the case of a Last Minute Booking, the exact arrival time must be communicated at the time of booking.
2.5. Any early arrivals compared to the agreed arrival time will be possible only upon request and confirmation by MUSE.holiday. If there's no arrival without prior notice by the closing time on the arrival date, the reservation will be considered canceled by the Guest, and the penalty as per art. 1.5 will apply, notwithstanding any greater damage.
2.6. The Facility must be vacated of people and belongings and left in orderly conditions by 09:00 AM on the scheduled departure day. Unless otherwise agreed by the Parties, Check-out will take place at the MUSE.holiday offices from 08:00 AM to 09:00 AM on the scheduled departure day, whereby the return of the keys, the information booklet, and everything provided by MUSE.holiday to the Guest during their stay is meant by "Check-out". Any Check-outs outside this timeframe must be communicated to MUSE.holiday at least 24 hours in advance.
2.7. If the Guest does not vacate the booked facility by the time set for Check-out or the agreed time, MUSE.holiday will have the right to charge for the entire day based on the agreed rates, notwithstanding any greater damage caused to arriving guests or to MUSE.holiday. In such cases, MUSE.holiday can also use the Deposit and remove any belongings and personal effects left by the Guest inside.
3. PRICE AND BILLING
3.1. The agreed Price includes the delivery in good condition and the peaceful enjoyment of the booked structure, furnished appropriately according to its classification and the number of beds, as well as equipped with the amenities advertised on the website www.muse.holiday. The consumption of gas, hot and cold water, electricity within the bounds of common sense is included in the Price; also included are bed linens, bathroom linens, and kitchen dishes and accessories, as better detailed in Art. 9 below. Misuse and unconventional use of such products and services will result in a penalty of Euro 150.00 (one hundred and fifty/00), without prejudice to further damages.
3.2. The Price does not include the municipal tourist tax, calculated and paid for each guest over the age of 14 at the time of Check-in. The Price always refers to the number of guests specified at the time of booking. Any changes in the number of guests may result in additional costs.
4. RULES FOR USING THE FACILITY AND EXPRESS TERMINATION CLAUSE
4.1. Under Art. 1587 c.c., the Guest must take delivery and custody of the structure and exercise the diligence of a good family head when using it as better specified in these General Conditions.
4.2. The Guest is wholly responsible for the custody of the Structure from the delivery of the keys and throughout their stay and will be accountable for any damages caused by them or their guests.
4.3. Guests are expressly forbidden to sublet the Structure or lend it in any other way to third parties.
4.4. The Guest undertakes to comply with the rules of the condominium, if any, and the rules of good neighborliness, refraining from acts and behaviors that cause annoyance to other inhabitants of the building. The Guest is responsible for damages (e.g., water leaks, gas leaks, fires) caused by their conduct or that of others introduced into the property. Guests are also expressly forbidden to smoke inside the Facilities, communal spaces, or any other areas accessible to other guests or neighbors.
4.5. Under Art. 1456 c.c., in case of non-compliance with the obligations set out in Art. 4.1., 4.2., 4.3. and 4.4., the rental agreement will be considered terminated by law.
4.6. Guests must notify Apartament4holiday of any defects or issues with the structure within 24 hours of receiving the keys. Without reporting, Guests will not be able to receive a price reduction or compensation. However, in the event of a complaint, the Guest must give MUSE.holiday and/or the owner the time specified in Art. 4.5 that follows, or another reasonable time depending on the specific circumstances, to remedy the defect or issue.
4.7. Except as expressly stated in these General Conditions, repair interventions, including minor maintenance, will be carried out, unless obstacles or delays not attributable to MUSE.holiday, within 48 hours from their report and will be entirely charged to the latter. If timely notifications are found unnecessary or useless, the Guest must pay an amount of Euro 50.00 as reimbursement. If the intervention is performed with external technical support, the Guest will be charged the cost billed by the external technician, plus a management fee of Euro 20.00.
Upon arrival, the Guest will be informed about the spaces reserved for parking their vehicle. The spaces mentioned on the website www.muse.holiday and other portals are meant for vehicles the size of a standard utility car, unless otherwise specified. MUSE.holiday does not guarantee the availability of parking spaces for larger vehicles.
6.1. Pets are allowed if:
- Allowed under the rules of the booked Structure;
- The Guest pays the additional cost, if any, previously agreed upon with MUSE.holiday.
6.2. The Guest is responsible for any damages of any kind caused by the pet to MUSE.holiday or third parties. The unauthorized introduction of pets into Facilities prohibiting their access will result in a penalty of Euro 150.00 (one hundred and fifty/00), in addition to the current rate for pets in other facilities.
7. NUMBER OF PEOPLE - REPLACEMENT OF PEOPLE
7.1. Unless otherwise agreed by the Parties or other limitations imposed by specific legal provisions or regulations, the total number of people staying in each booked property cannot exceed the number of beds indicated, except for children under two years old, provided that the Guest brings the crib and necessary linens and communicates their presence at Check-in.
7.2. Any changes must be communicated to MUSE.holiday via email. The change is deemed valid only following a specific confirmation email from MUSE.holiday. An increase in the number of guests may result in a change in the Price. Any reduction in the number of guests following the booking will not result in any deduction from the agreed Price.
7.3. Any changes regarding the names of the Guests during the stay are prohibited unless previously agreed with MUSE.holiday. MUSE.holiday and/or the property owner have the right, with reasonable notice, to access and check the property and the number of guests staying at any time.
8. CLEANING, LINEN, AND TOWELS
8.1. Unless otherwise specified in the rules of the booked property. The cost of final cleaning is included in the Price unless otherwise specified in the rules of the booked property. This amount does not include cleaning the kitchen/kitchenette and garbage removal, which is the responsibility of the Guest. Otherwise, MUSE.holiday is allowed to charge an additional fee payable within 14 days from the Check-out date.
8.2. Each guest, except children under two years old, will be provided with a set of linens and towels included in the Price ("Set"). The composition of the Set may vary depending on the booked property. Upon request, MUSE.holiday will provide details of individual items. Towel changes during the week are not provided unless requested at an additional cost, based on availability, or if otherwise specified on the website www.muse.holiday.
The operation of heating systems (turning on, turning off, temperature) is subject to provincial and municipal regulations that may vary depending on the Municipality in which the booked property is located. Generally, heating systems can be activated and operated from October to April.
10.1. Without prejudice to legal provisions, MUSE.holiday is only liable for direct and immediate damages actually suffered by the Guest due to non-compliance with its obligations arising from the lease. To the maximum extent permitted by law, and excluding intentional misconduct and gross negligence, the overall liability of MUSE.holiday and its directors, officers, employees, and collaborators for any claims, losses, costs, or damages of any nature arising from or related to the services covered by these General Conditions will not exceed the total amount of the agreed Price for the use of the booked property. MUSE.holiday shall not be held liable in cases of theft or loss of valuable items or luggage.
11. TEXTS, DESCRIPTIONS, AND ONLINE FEATURES
11.2. In any case, the descriptions, features, and conditions reported on the website www.muse.holiday prevail, except for bookings through online tourist portals (OTA), if reported differently on them.
12. ONLINE SHOP, BENEFITS, AND OTHER AGREEMENTS/COLLABORATIONS
12.1. Additional products and services on offer in the Online Shop of the Portal www.muse.holiday are sold exclusively by MUSE.holiday but may also be provided by third parties.
12.2. The linen service refers only to its rental and is also provided directly by MUSE.holiday. Guests are required to collect the requested linen from the nearest MUSE.holiday office and return the rented linen, using the bags provided, by the departure date. In case of loss or damage to the linen, replacement costs will be charged to the Guest. Linen can only be used within the rented apartment. For multiple orders, fresh linen will be delivered only after the return of the dirty ones.
12.3. Additional cleaning services are offered by third parties unrelated to the rental relationship and provided only upon specific agreement with them. The agreed price for the additional cleaning services must be paid to MUSE.holiday, which collects the amounts on behalf of third parties. The cleaning service includes the following tasks: Cleaning of floors in all rooms, tidying up beds, bathroom cleaning, and dusting furniture. Emptying and removing garbage and cleaning the kitchen, including dishes, are not included. If cleaning is not possible without due notice, for reasons such as the presence of Guests at the set appointment time, the presence of the Guests' belongings that limit access to rooms or other special cases resulting from the Guest, the cleaning fee will still be charged. MUSE.holiday assumes no responsibility for any defects related to this service.
13.1. These General Conditions and the relationships between MUSE.holiday and the Guest are governed by Italian law. Any disputes arising from these General Conditions or in relation to the rental relationship will be subject to the exclusive jurisdiction of the Bolzano court.
However, if the Guest is a consumer, nothing in these General Conditions will deprive him or her of the protections guaranteed by the mandatory provisions of Italian law. With reference to disputes with consumers, the competent court is that of the place of residence or elected domicile of the consumer, pursuant to art. 33, paragraph 2, letter u) of the legislative decree 206/2005.
13.2. The invalidity or inefficiency of a clause in this Contract, or part of it, does not imply the invalidity or inefficiency of the other contractual agreements. The Parties agree from now on to activate and negotiate in good faith in order to replace said invalid or ineffective clause with another valid and effective clause that corresponds as closely as possible to the original intentions of the Parties.
Pursuant to articles 1341 and 1342 of the Civil Code and of the legislative decree no. 206/2005 (Consumer Code), the Guest, after carefully examining them, explicitly approves the contractual clauses listed below: Art. 1.1. (Penitential deposit); Art. 1.3. (Presumption of cancellation and penalty); Art. 1.5. (Booking cancellation); Art. 1.6. (Force majeure); Art. 2.3. (Security deposit); Art. 2.7. (Failed Check-out); Art. 3.1. (Penalty for misuse of utilities and accessories); Art. 4.5. (Express termination clause); Art. 4.6. (Reporting of defects); Art. 6.2. (House pets); Art. 10.1. (Limitation of liability); Art. 12.3. (Additional cleaning); Art. 13.1. (Applicable law and competent court).