Apartment4holiday S.r.l., with registered office in 39040 - Castelrotto (BZ), Arnaria Street 9, tax number and VAT.number 02875720211, registered in the Commercial Register of the Chamber of Commerce of Bolzano under number 02875720211 (hereinafter also referred to as " MUSEholiday "," MUSE "," Apartment4holiday " or "we") carries out intermediary activity and provides the services related to booking, handing over the keys, collection and invoicing and manages the tourist rental relationship with the guests of the accommodation facilities belonging to the MUSEholiday network ("Guest"). The Guest therefore enters into a contract with MUSEholiday, which manages the rental relationship on behalf of the owner of the individual accommodation facility and on behalf of the Guest.
These general terms and conditions ("GTC") apply to all contracts concluded by MUSEholiday both through the MUSEholiday portal (accessible on the website https://www.muse.holiday/it/) ("Portal") and through tourist platforms operated by third parties for the purpose of tourist rental of accommodation facilities belonging to the MUSEholiday network, for the tourist rental of accommodation facilities belonging to ("Accommodation") as well as for the provision of additional services requested from time to time ("Contract").
Upon receipt of the booking confirmation by the guest in the manner and within the period specified below, the contract shall be deemed concluded.
The contract concluded between the guest and MUSEholiday is composed of these GTCs, the content of the booking confirmation sent directly by us or by our business partners in our name and on our behalf, and the rules applicable to the accommodation booked in each case - which the guest declares to know, understand and accept - which can be consulted at any time on our portal and which are displayed in the accommodation and constitute an essential part of the contractual relationship.
The version of the GTCs valid at the time of the conclusion of the contract shall always apply. Amendments and/or supplements to these GTCs will be announced in an appropriate manner and at an appropriate time.
1. BOOKINGS AND CANCELLATIONS
BOOKING PROCEDURE
1.1. At the time of booking, the guest is obliged to pay 30% (or 100% if the booking is made in the 30 days preceding the date of stay) of the price agreed for accommodation in the accommodation ("Price") as a penalty in accordance with art. 1386 of the Italian Civil Code. With regard to all bookings made through our portal, the booking can only be considered successful once we have received confirmation of payment of the aforementioned Angeld.
1.2. Bookings can be made in the following ways:
a) Deposit by credit card with credit/debit card charged and credited to MUSEholiday's bank account through third party management;
or
b) Deposit by bank transfer and payment of the balance by bank transfer within 30 days before the date of stay (this method does not apply to accommodation for which it is not possible to check in at MUSEholiday offices); the deposit by bank transfer must be made within 5 days of the booking, otherwise the booking will be automatically cancelled, with the consequences of the following art. 1.5.
1.3. Any payment made in the manner described in letters a) and b) of Art. 1.2. shall legally be considered as full or partial payment of the Price by the Guest and shall be credited for the purposes of the final payment of the Price and therefore cannot be reclaimed by the Guest.
MUSEholiday reserves the right, from the 30th day before the start of the stay, to charge the balance of the price to the credit card given as guarantee without prior notice. Alternatively, MUSEholiday can request this amount by bank transfer.
If the credit card charge or the balance by bank transfer is not received within 24 hours of the attempted charge or request for payment, the booking will be considered cancelled by the guest and MUSEholiday will keep the amount paid as a refund (not exceeding 30% of the total price) in return for the cancellation. If the guest does not pay the balance within 30 days before the date of stay, he/she will have to pay a penalty of 100% of the total price. This does not affect the right to compensation for higher damages.
CANCELLATIONS, CHANGES OR NO-SHOWS
1.4. Cancellation of bookings that have already been confirmed must be communicated in writing to info@muse.holiday or to the address indicated in the booking confirmation email, using the same email address that was used for the booking, indicating the booking ID code or in another way that allows the guest to be identified. If the Guest books through tourist platforms operated by others, the cancellation must be made through the link provided in the confirmation email or, if applicable, through the profile created by the Guest on the aforementioned platforms.
1.5. Unless otherwise stated, in case of cancellation of the booking by the guest or in case of no-show without notice, the following penalties will be applied by MUSEholiday:
- in case of cancellations or changes after conclusion of the contract and up to 30 days before the planned stay, MUSEholiday charges an amount of 30% of the price as cancellation fee;
- for cancellations or changes made less than 30 days before the date of stay, or for no-shows without notice within the same period, MUSEholiday will apply a penalty of 100% of the total price.
1.6. If due to an event of force majeure or other circumstance beyond the control of MUSEholiday (such as, without limitation, riots, revolts, invasions, wars, fires, explosions or the spread at state level of infectious diseases (such as the novel SARS-CoV-2 coronavirus) ("Force Majeure Event"), MUSEholiday is forced to cancel the Guest's booking, this cannot be considered a failure to perform its obligations under these T&Cs if the failure or late performance is due to a Force Majeure Event notified to the other party at least 15 days before the date of stay. Alternatively, MUSEholiday can assign a substitute accommodation of the same or a higher price category. If the price of the substitute accommodation is lower, MUSEholiday will refund the difference to the guest. With the prior express consent of the guest, MUSEholiday can also offer the guest a voucher that the guest can redeem for a new booking within a certain period of time. In the event that the guest accepts the voucher, it cannot be refunded after the expiry of the validity period, unless otherwise provided for by the legal provisions and regulations or the decrees issued by the competent authorities.
2. CHECK-IN REGULATIONS
2.1. Accommodation will be made available to guests from 16:00 on the agreed day of arrival. Check-in (as defined below) can take place between 15:00 and 19:00 on the day of arrival. For bookings made in the last 48 hours before the date of stay ("last minute bookings"), the booked accommodation will be available from 18:00. Unless otherwise communicated in writing, check-in will take place at the MUSEholiday office closest to the booked accommodation.
CHECK-IN
2.2. Unless otherwise stated in these GTCs, the guest is obliged upon arrival:
- to present the identity documents of the guests (including children and infants) accommodated in the facility;
- at the time of his arrival, to pay separately at check-in the amount of the tourist tax, correctly calculated according to the number of persons staying in the accommodation, in accordance with the requirements of the legislation in force ("check-in").
2.3. In order to guarantee all the obligations assumed by the guest, including the obligation to keep the premises and the inventoried items safe and in good condition and to return the accommodation on time, without prejudice to the compensation of the greater damage, MUSEholiday may require the payment of a deposit by credit card of up to Euro 150,00 / accommodation ("Deposit"). MUSEholiday has the right to discharge all obligations under this contract with the Deposit. The Deposit will be refunded within 14 days upon return of the keys, information brochure and anything else received by the guest at check-in, and as a result of a final inspection of the accommodation by the owner or his representative.
Unless otherwise stated by MUSEholiday, the deposit can be paid as a pre-authorisation on a credit card and will be returned in the same form chosen for payment.
2.4. The exact arrival time must be communicated to MUSEholiday at the time of booking and in any case three days before the date of arrival. A change of arrival time must be communicated immediately, but at the latest within the closing time of the office on the day of arrival. In the case of a last-minute booking, the exact arrival time must be communicated at the time of booking.
2.5. Possible arrivals before the agreed arrival time are only possible after request and confirmation by MUSEholiday. In case of no-show without prior notice by the arrival deadline, the booking will be considered as cancelled by the guest and the penalty as per art. 1.5 will be applied, without prejudice in any case of major damage.
CHECK-OUT
2.6. The accommodation must be left free of people and belongings and in proper condition on the day of departure at 9.00 a.m. at the latest. Unless otherwise agreed by the parties, check-out takes place at the offices of MUSEholiday from 8.00 a.m. to 9.00 a.m. on the day of departure, i.e. the return of the keys, the information brochure and everything else provided to the guest by MUSEholiday during their stay ("check-out").
Check-outs outside the specified times should be communicated to MUSEholiday at least 24 hours in advance.
2.7. If the guest does not vacate the booked accommodation within the check-out time or within the agreed time, MUSEholiday has the right to charge for the whole day according to the agreed rates, without prejudice to the higher damage caused to the arriving guests or MUSEholiday. MUSEholiday may also use the deposit for this purpose and remove any belongings and personal effects of the guest left in the accommodation.
3. PRICE AND INVOICING
3.1. The agreed price includes the handover in good condition and undisturbed use of the booked accommodation, which is furnished according to the classification and the number of beds and provided with the equipment advertised on the www.muse.holiday website. The normal consumption of gas, hot and cold water, electricity is included in the price; also included are bed linen, towels, crockery and kitchen utensils, as better described in art. 9 below. Without prejudice to the reimbursement of the greater damage, the improper and/or unusual use of these products and facilities will lead to the application of a penalty of Euro 150.00 (one hundred and fifty/00)
3.2. The price does not include the municipal tourist tax, which is charged and paid for each guest 14 years or older at the time of check-in.
The price always refers to the number of guests stated at the time of booking. Any change in the number of guests may result in additional costs.
4. RULES FOR THE USE OF THE ACCOMMODATION AND EXPRESS CANCELLATION CLAUSE
4.1. In accordance with Art. 1587 of the Civil Code, the guest is obliged to take over and maintain the accommodation and to exercise the care of a good family man in using it for the use specified in these conditions.
4.2. The guest is entirely responsible for the custody of the accommodation from the moment the keys are handed over and for the entire period of his stay and is liable for any damage caused by him or his guests.
4.3. The guest is expressly prohibited from subletting, lending or otherwise assigning the accommodation to third parties for their use.
4.4. The guest undertakes to comply with the house rules, if any, and the rules of good neighbourliness and to refrain from actions and behaviour that cause a nuisance to other residents of the building. The guest assumes responsibility for damage (e.g. water leakage, gas leakage, fire) caused by his own fault or that of third parties admitted to the building.
In any case, guests are expressly forbidden to smoke in the accommodation and common areas, as well as in all other places accessible to other guests and/or neighbours.
4.5. Pursuant to and in accordance with article 1456 of the Civil Code, the tenancy shall be deemed terminated by operation of law in the event of non-compliance with the obligations referred to in articles 4.1, 4.2, 4.3 and 4.4.
4.6. The guest must report to Apartament4holiday within 24 hours after handing over the keys any defects and/or grievances of the accommodation. In the absence of notification, the guest has no possibility of obtaining a price reduction or compensation. In the event of a complaint, the guest must allow MUSEholiday and/or the owner the period of time mentioned in the following art. 4.5 or another reasonable period of time, depending on the specific circumstances, to remedy the defects and/or the grievances.
4.7. Without prejudice to what is expressly stated in these GTCs, the interventions for the above repairs, including minor maintenance, will be carried out within 48 hours of their notification, unless prevented or delayed for reasons not attributable to MUSEholiday, and will be entirely at the expense of MUSEholiday. For complaints that have been processed in time but then prove to be unnecessary or insignificant, the guest must pay an amount of Euro 50,00 as compensation. If the intervention is carried out with the use of external technical assistance, the guest will be charged the costs invoiced by the external technician plus the cost of processing the matter in the amount of Euro 20,00.
5. PARKING PLACE
The guest will be informed upon arrival which spaces are reserved for him/her to park his/her vehicle. The spaces mentioned in the descriptions on www.muse.holiday and other portals are for vehicles the size of a standard car, unless otherwise stated. MUSEholiday does not guarantee the availability of parking spaces for larger vehicles.
6. PETS
6.1. Pets are allowed if:
- the rules of the booked accommodation allow it;
- the guest assumes the additional costs, if any, previously agreed with MUSEholiday.
6.2. The guest is liable for damages of any kind caused by the pet towards MUSEholiday or third parties. The unauthorised introduction of pets into accommodation that prohibits their entry will result in the imposition of a fine of Euro 150.00 (one hundred and fifty/00), in addition to the rate applicable at that time for pets in other accommodation.
7. NUMBER OF PERSONS - REPLACEMENT OF PERSONS
7.1. Unless otherwise agreed by the parties or otherwise restricted by specific laws or regulations, the total number of persons staying in each booked accommodation shall not exceed the number of beds indicated, except for children under two years of age, provided that the guest brings a cot and the necessary linen and communicates their presence at the time of check-in.
7.2. Any change must be communicated to MUSEholiday by e-mail. The change is only valid when MUSEholiday has sent a confirmation email. An increase in the number of people staying may lead to a change in price. A reduction in the number of persons after the booking does not lead to a reduction in the agreed price.
7.3. Any change to the guest list during the stay is prohibited, unless previously agreed with MUSEholiday. MUSEholiday and/or the owner of the accommodation have the right, after prior notice, to check the condition of the accommodation and the number of people staying there at any time.
8. CLEANING, BED LINEN AND TOWELS
8.1. Unless otherwise stated in the regulation of the booked accommodation, the cost of the final cleaning is included in the price. However, this amount does not include the cleaning of the kitchenette/kitchenette and the removal of rubbish, which are the responsibility of the guest. Otherwise MUSEholiday is entitled to charge an additional fee, payable within 14 days after the check-out date.
8.2. Each person staying in the accommodation, with the exception of children under the age of two, will receive a set of bed linen and towels ("set") included in the price. The composition of the Set may vary depending on the accommodation booked. Upon request, MUSEholiday will provide a detailed description of each item. Towels are not changed during the week, except against payment, upon advance booking and subject to availability, or if otherwise stated on the website www.MUSEholiday.
9. HEAT
The use of the heating systems (activation time, deactivation, temperature) is subject to provincial and municipal regulations, among others, which may vary depending on the municipality in which the booked accommodation is located. Generally, the heating systems can be activated and kept in operation from October to April.
10. LIABILITY
10.1. Subject to the provisions of the law, MUSEholiday is only liable for direct and immediate damages actually incurred by the guest as a result of MUSEholiday's failure to fulfil its obligations under the tenancy. To the fullest extent permitted by law, and except in cases of wilful misconduct or gross negligence, the total liability of MUSEholiday and its directors, officers, employees and associates for disputes, losses, costs or damages of any kind arising out of or resulting from or in any way connected with the services referred to in these T&Cs shall in no event exceed the total amount of the agreed price for the use of the booked accommodation. MUSEholiday can in no case be held responsible for the theft or loss of personal belongings and / or valuables or luggage.
11. ONLINE TEXTS, DESCRIPTIONS AND PROPERTIES
11.1. MUSEholiday takes care of the content on the official portal www.muse.holiday, and the content of the detail page of each accommodation on www.muse.holiday.
11.2. In any case, the descriptions, characteristics and conditions indicated on the portal www.muse.holiday apply, with the exception of bookings made through online tourism portals (OTA), unless otherwise indicated there.
12. ONLINE SHOP, BENEFITS AND OTHER CONVENTIONS/COLLABORATION
The products and additional services offered in the online shop of the portal www.muse.holiday are exclusively distributed by MUSEholiday, but may also be supplied by third parties.
LAUNDRY
12.1. The laundry service refers only to the linen rental and is also offered directly by MUSEholiday. The guest is obliged to collect the requested linen from the nearest MUSEholiday office and to return the rented linen to the same office in the bags provided by the day of departure. In the event of loss or damage to the linen, the guest will be charged for the cost of replacement. The linen may only be used within the rented flat. In case of multiple orders, fresh linen will only be delivered after the soiled linen has been returned.
ADDITIONAL CLEANING SERVICES
12.2. Additional cleaning services are offered by third parties, which are not part of the tenancy and are only provided after separate agreement with them. The price agreed for the provision of additional cleaning services is payable to MUSEholiday, which collects the amounts on behalf of third parties. The cleaning service includes the following tasks: Floor cleaning in all rooms, bed making, bathroom cleaning and furniture dusting. The emptying and removal of rubbish and the cleaning of the kitchen, including the dishes, are not included in any case. If it is not possible to carry out the cleaning without giving adequate notice, e.g. due to the presence of guests at the time of the scheduled appointment, due to the presence of guests' belongings or personal items that restrict access to the premises, or due to other special circumstances for which the guest is responsible, the cost of cleaning will still be charged. MUSEholiday assumes no responsibility for any shortcomings concerning this service.
13. GENERAL PROVISIONS
These GTCs and the contract between MUSEholiday and the guest as a whole are governed by Italian law.
The court of Bolzano shall have exclusive jurisdiction for all disputes arising from these GTCs or in connection with the rental relationship.
However, if the guest is a consumer, none of the provisions of these GTCs can deprive the consumer of the protections guaranteed by mandatory provisions of Italian law. With regard to disputes with consumers, the place of jurisdiction is the domicile or residence of the consumer, in accordance with Art. 33, para. 2, letter u) of GvD No. 206/2005.
13.1. The invalidity or ineffectiveness of any provision of these GTCs or any part thereof shall not result in the invalidity or ineffectiveness of the other provision of this Agreement. The parties hereby undertake to take action and negotiate in good faith to replace the invalid or ineffective provision with another valid and effective provision that most closely reflects the original intentions of the parties.
In accordance with Art. 1341 and 1342 of the Civil Code and GvD No. 206/2005 (Consumer Protection Act), the Guest expressly approves the following contractual clauses after careful consideration:
Art. 1.1. (Reimbursement); Art. 1.3. (Presumption of cancellation and penalty); Art. 1.5 (Cancellation of booking); Art. 1.6. (Force majeure); Art. 2.3. (Security deposit); Art. 2.7. (Failure to check-out); Art. 3.1. (Penalty for misuse of facilities and accessories); Art. 4.5. (express cancellation clause); Art. 4.6. (notification of defects); Art. 6.2. (pets); Art. 10.1. (limitation of liability); Art. 12.3. (additional cleaning services); Art. 13.1. (applicable law and jurisdiction).
