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Booking contract

Booking Terms & Conditions

Villa rentals and the website www.to-tuscany.com (“website”) are operated by To Tuscany Limited, a company incorporated in England and Wales with company number 04022417, whose registered office is at 72 Chestfield Road, Chestfield, Whitstable, Kent CT5 3LU (“To Tuscany”).

The following conditions, together with our privacy policy and the relevant property access and booking information set out in our website (“Additional Terms”) (in each case as may be updated from time to time), constitute a binding contract between you and us (“conditions”).  The Additional Terms applicable to any property booking can be found at the section headed “Important Booking Information” on each relevant page of our website.  You must read all of this information carefully before proceeding, because by using our website and/or making any booking through us, you confirm your agreement to each of these conditions, our privacy policy and the Additional Terms.

1. Conditions
To Tuscany is also referred to as “we”, “us” and “our” in these conditions. The lead name on any booking is referred to as the “client” and is also termed “you” and “your” within these conditions. Our property owners (“owners”) and our local representatives are referred to as appropriate.  A separate booking contract will come into force with the owner when you make a booking, as explained below – see section 2 (The booking contract).

All references to the term “force majeure” within these conditions shall have the meaning given in section 13 (Cancellations made by us).

2. The booking contract
To Tuscany acts as an intermediary between you (the client) and the property owner. The online booking form, together with your villa rental documents (which we will provide in accordance with section 6 (Confirming a booking) below) constitute a contract between you (the client) and the owner. This contract begins on the date on which your booking request is accepted by us on behalf of the owner and a ‘Confirmation of Reservation’ is dispatched by us to you (the client) by email, in accordance with sections 3 (Correspondence) and 6 (Confirming a booking) below. When you confirm a booking, you confirm that the conditions under which the booking is made are understood and accepted on behalf of all guests in your party.

This contract and any matters arising from it are governed by the laws of England and Wales and the parties (you and we) agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

3. Correspondence
We will send all correspondence to the lead name on your booking using the private email address supplied by you as part of the booking process. If you require us to use an alternative email address that is a business address, you will also need to provide a private address for us to use in case of emergencies.

Any requests, amendments and cancellations must be made in writing by the lead name on your booking and must be addressed to: lisa@to-tuscany.com and 72 Chestfield Road, Chestfield CT5 3LU, UK.  All other references in these conditions to providing notice to us in writing must be sent to this same email address.

4. Data Protection Act
We are liable for putting in place all proper security measures to protect any personal information you supply about yourself and your party. Although we may pass on this information to our suppliers and the public authorities where required by law, we will not give any information to any person not responsible for part of your villa rental. For information about how we handle and use your personal information, please see the To Tuscany Privacy Policy on our website, or ask us for a copy before you book.

5. Making a booking
You can make bookings by telephone through one of our villa specialists or on our website. Once you register a booking option on a property, it will be held in our systems for a maximum of three (3) working days. If we receive another booking request for the same property within this time, we will notify you by email and you will have forty-eight (48) hours to confirm your booking and pay the deposit via the online booking form.

6. Confirming a booking
Unless agreed otherwise, your booking will be confirmed when you complete and submit the online booking form and pay a 25% deposit of the total villa rental cost, in each case via our website. We will require payment in full where bookings are made within seventy (70) calendar days of departure.

You will be granted a cooling-off period of 48 hours after confirmation of your booking (as confirmed in accordance with the paragraph below). A full refund, minus any bank or credit-card charges, will be paid to you if you cancel in writing during this period. Once the 48-hour cooling-off period expires, you will be liable for the full cost of the villa rental. Your deposit will only be returned if we (acting on behalf of the owner) decide not to accept your booking.

When we accept your booking on behalf of the owner (as explained in section 2 (The booking contract), we will dispatch a ‘Confirmation of Reservation’ to you by email, at which point a contract will come into effect between you and the owner. You must check the Confirmation of Reservation carefully and notify us immediately if there are any discrepancies.

We will not be liable for any damage, losses or expense suffered by you as a result of your failure to notify of us of any errors in your booking within 48-hours of your receipt of the Confirmation of Reservation.

Your villa rental documents, directions to the property and contact details for the owner or the local representative and for emergencies will be emailed to you in accordance with section 3 (Correspondence) once we have received full payment in accordance with section 7 (How to pay) below.

7. How to pay
We accept payment by most major credit and debit cards and bank transfer. Payments made by debit cards Delta and Switch or bank transfers do not attract any fees. However, payments by Visa and MasterCard credit cards are subject to a 1% fee.

The final balance of your villa rental should be paid in full no later than sixty-five (65) days before departure where applicable.

8. Making a special request
You should make any special requests about the property’s facilities (such as, twin or double bedded room or a particular facility which is an important factor in the choice of your rental) in writing at the time of booking via the website by email in accordance with section 3 (Correspondence) at least eight (8) weeks before your arrival date. We will pass on all requests to the property owner but we do not accept responsibility for a request to be effected and we will not be liable for any damage, losses or expense you may suffer as a result of such request being implemented or not being implemented as the case may be.

9. How to amend your booking
If you wish to alter any of your arrangements, you must make the request in writing by email in accordance with section 3 (Correspondence). While we will attempt to make the requested amendment, unless required by law, we cannot guarantee that it will be done and we will not be liable for any damage, losses or expense you may suffer as a result of such amendment being implemented or not being implemented, as the case may be.

Your amendment request must be received no later than twenty-eight (28) days before your date of departure. You will be liable for a €50 charge per booking, plus any expenses incurred by us or the villa owner in implementing the amendment.

The only exception to the twenty-eight 28 day rule is a transfer of booking from you to a third party. We recognise that in some circumstances you may be prevented from taking up your villa rental for reasons beyond your power, such as jury service, illness, or the death of a close relative. In such a case, it may be possible to transfer your booking to another person. We will decide whether the transferee is acceptable and we reserve the right to consider the change of name to be a cancellation, in which case you will be liable for the charges described under the conditions of cancellation see section 10 (How to cancel your booking), below.

You must request the transfer in writing by email in accordance with section 3 (Correspondence) above as soon as you become aware of your changed circumstances. Please supply the name and address of the transferee, the outstanding balance and the administration fee, and enclose or attach documentary proof of the reason for the change.

By accepting a transfer of the booking into their name, the transferee agrees to be bound by these conditions including, for the avoidance of doubt but without limit, our privacy policy. Both transferor and transferee will be jointly and severally liable to pay the balance of the rental price and any additional charges associated with the booking and/or its transfer.

10. How to cancel your booking
We require all cancellations to be made in writing, signed by the lead name on the booking and sent by registered post to: FAO: Lisa Leggate, To Tuscany Limited, 72 Chestfield Road, Whitstable, CT5 3LU or email lisa@to-tuscany.com.

We will cancel your booking on the day we receive your confirmation of cancellation. We recommend you send this by registered post.

The following cancellation charges will apply in the following circumstances:
More than 66 days before date of departure – loss of deposit
65 days or fewer days before date of departure – 100% of total Villa Rental Cost
During your holiday – 100% of total Villa Rental Cost

11. How to re-book following a cancellation
If you wish to cancel a villa rental and re-book a different property, you will be subject to any applicable cancellation fees outlined above. If the new booking carries a greater deposit than has already been paid for the cancelled property, the balance is due and payable by you immediately upon submitting your booking to us in accordance with clause 5 (Making a booking).

12. Amendments made by us
From time to time, villa owners may make changes to their properties, including pricing. As independent suppliers provide the properties advertised on our website, we have no control over such changes and we are not bound to advise you where we have no knowledge or are not given reasonable notice of such changes prior to your departure and we will not be liable for any damage, losses or expense you may suffer in the event of such changes.

However, where we receive reasonable notice of a significant change after issuing a Confirmation of Reservation but prior to your departure, we will make all reasonable efforts to advise you of that change before departure.

If the change reduces the standard of accommodation, we will offer you other choices of equivalent or similar standard to your original booking. Alternatively, you may continue with the original villa rental or cancel your booking and receive a full refund. If you choose a more expensive villa, you must pay the difference in price, if your choice is a cheaper villa, we will refund the difference.

If a change takes place while you are in resident in your villa rental and you are unable to access most parts of the property, we will make all reasonable efforts to find a suitable alternative property, for which you will bear no extra charges, or you may depart early and we will compensate you (acting at our discretion), if appropriate, for the inconvenience.

It is always possible that, despite our best efforts, some of our villas may be priced incorrectly on our website.  We will normally check our pricing before accepting your booking so that, where the correct price at your booking request date is less than our stated price, we will charge the lower amount.  If the correct price at your booking request date is higher than the price stated to you, we will contact you for your instructions before we accept your booking request.

13. Cancellations made by us
We reserve the right to cancel your holiday for any reason. For example, we may cancel your villa rental because of your failure to abide by these conditions, such as meeting the time limits for payments outlined in point 9 (How to amend your booking).

We may also be forced to cancel due to unforeseen circumstances or for extraordinary reasons beyond our control known as “force majeure” or a “force majeure event”.  Clause 15 (Our responsibilities and liability to you) below explains what sort of losses and damage would be considered foreseeable.

A force majeure event includes but is not limited to strikes, lock-outs and other industrial disputes, act of God, war, riot, civil strife or commotion, terrorist activity actual or threatened, malicious damage, compliance with law or government order, rule, regulation or direction, accident, breakdown of plant or machinery or other technological problems, fire, flood including relating to river water levels, storm or any other natural disaster or adverse weather conditions, changes imposed by any rescheduling or cancellation of flights by any airline, epidemics, outbreaks of illness or default of our suppliers or contractors.

Where we are required to cancel your rental prior to departure because of unforeseen circumstances, a force majeure event, we will endeavour to offer appropriate alternative arrangements of a similar standard and price. Where we are only able to offer accommodation of a lower standard, a refund will be made of the difference in price. If we cannot fulfil our contract with you, we will give you a full refund.

In some circumstances that we deem appropriate, excluding force majeure, as described above, we will pay compensation in accordance with clause 15 (Our responsibilities and liability to you).

14. Pricing and our ‘Price Match Guarantee’
Our online prices are given in Euro (€) and are the total price for a week’s rental, unless otherwise stated. We reserve the right to increase the advertised price before confirming your booking, and to charge a surcharge reflecting any change in currency conversion rates where these affect the price on the day of payment.

Our ‘Price Match Guarantee’ ensures that the price you pay us is the lowest price available on the market. If you see the same villa published at a lower price for the same dates, we will match the price. The competing price must be advertised in Euro because we cannot guarantee currency conversion prices.

15. Our responsibilities and liability to you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these conditions, we are responsible for damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill.  Loss or damage is foreseeable if, either, it is obvious that it will happen or if, at the time the contract was made between us being upon our dispatch of the Confirmation of Reservation in accordance with clause 6 (Confirming a booking) above both we and you knew it might happen (if you discussed it with us during the booking process, for example).

We rigorously check the information that we provide about our villa rentals and reproduce this in our property descriptions in good faith, exercising all due skill and care.

We market and rent properties owned by independent suppliers and use reasonable skill and care when selecting suppliers of the services that comprise your villa rental. Our suppliers must meet our high standards, including regular maintenance of the properties.

Any special booking conditions required by property owners or their agents shall be binding and will be provided to you in writing in accordance with section 6 (Confirming a booking) above.

We are not liable for business losses.  We only supply our villa-booking services for domestic and private use.  If you use our services for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

We are not liable to provide services and will not be responsible in any way whatsoever for any damage, losses or expense due to or arising from any acts or omissions on the part of our suppliers including their employees and agents or other third parties – such liability rests solely with the relevant supplier(s) and/or third party/parties and their respective employees and agents.

Where an unexpected breakdown in service occurs, we require our suppliers to resolve the issue swiftly.  We are not liable for any interruption or failure of public utilities such as gas, electricity or water, or to similar disruption to internet connection or any damage, losses or expense you may suffer as a result of such interruption or failure. Where you experience such problems, we ask that you inform us and the property owner immediately in writing using the email addresses set out at clause 3 (Correspondence) so that we can try to rectify the situation.

We are not liable for services or facilities outside of our agreement or any damage, losses or expense arising in connection with such services or facilities, meaning services and facilities not specifically stated on our website or within these conditions.

We are not liable for any damage, losses or expense for any upset or suffering you experience as a result or arising out of your failure to supply relevant information when making and/or confirming your booking in accordance with section 6 (Confirming a booking).

Nothing in this Agreement shall limit or exclude our liability for anything that it would be unlawful to limit or exclude, which includes liability for:

• death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; and
• fraud or fraudulent misrepresentation.

For the avoidance of doubt, we do not pre-arrange multiple travel components or provide all-inclusive or any other ‘package’ type arrangements.  We accordingly have no liability under the Package Travel, Package Holidays and Package Tours Regulations 1992 or related legislation or regulation as may be amended from time to time.

16. Your responsibilities
You are responsible for securing all relevant and valid documents for your trip, such as passports, driving licenses or for checking in for any flights, trains or ferry services. We will not be liable for any damage, losses or expense you may suffer as a result or arising out of any discrepancies with such documents or services.

The lead name on the booking will be responsible for ensuring acceptable standards of behaviour are met by all party members at all times. We reserve the right to terminate your villa rental should we, our owners or local representatives deem that your behaviour or the behaviour of a member of your party could endanger life, cause damage to property or abuse the enjoyment of others. No refund or compensation for any cancelled booking is payable and except as stated in clause 15 (Our responsibilities and liability to you), we shall not be liable for any damage, losses or expense arising under or out of such circumstances.

We indicate the number of guests able to stay at our properties on our website and in our documentation. You must not exceed this number, except in the case of infants under two (2) years of age, the number of which may be restricted which will be indicated on our website, where applicable. If you exceed the guest limit we may cancel your villa without a refund.

You must not use any photography or film taken at your villa for commercial use without our prior, written authorisation.

All our properties are thoroughly cleaned between each rental period and you are expected to leave the property clean on departure or pay any subsequent cleaning charges, which will be notified to you in writing if applicable.

Any loss or damage caused to a villa or its contents by you or any member of your party are your responsibility.  We will not be liable for any such loss, damage or any related expense. You must immediately report any damage to the property owner and us in writing in accordance with clause 3 (Correspondence) or to your villa specialist (where applicable) and pay for any repairs or replacements directly to the property owner in full.

If you leave behind a possession, we can arrange for it to be forwarded for a 10 Euro handling fee plus postage. We dispose of any unclaimed articles after twenty-eight (28) days.

17. Theft, damage and illness
Subject always and without prejudice to section 15 (Our responsibilities and liability to you), we are not liable for any damage, losses or expense arising out of or otherwise connected with theft, burglary, illness, injury, death, cost, claim or other sum of any description where it is due to the act or omission of the person affected, a third party unconnected with our suppliers, or was unforeseeable and beyond the control of us and/or our suppliers.

18. Guests with disabilities and other medical conditions
You must inform us before you book if anyone in your party has a disability or a medical condition. We will be happy to offer advice about suitable villa rentals, but where we are unable to accommodate the needs of the person concerned, we will not be able to confirm your booking.

If you do not impart any relevant information about guests with disabilities or serious medical conditions at the time of booking, we will not have the opportunity to attempt to meet those needs.  This may result in the cancellation of your rental and you will be liable for any cancellation charges.

19. Your holiday insurance
You and your party must have travel insurance cover in place for the duration of your holiday. Your policy must provide adequate cover for personal injury, death, medical and repatriation costs, loss of valuables, theft at the rental villa, personal liability, cancellation, curtailment and legal expenses. Subject always to clause 15 (Our responsibilities and liability to you) and applicable law, we will not be liable for any damage, losses or expense arising due to or out of your failure to take out adequate travel insurance appropriate to your needs.

20. Complaints
While the vast majority of our guests enjoy problem-free holidays at our rental properties, if you are unhappy about the service you are receiving while at your villa rental, you must immediately make us and the property owner or local representative aware at the time so that the situation can be rectified to the best of our abilities.

If the problem cannot be resolved locally, full details of any complaint must be received by us in writing within thirty (30) days of your return. We will respond within twenty-eight (28) days of receipt of your email or letter as applicable. If you fail to inform us of your problem at the time or make a complaint in the required manner and time period, we will not be able to resolve the problem or investigate and your rights under this contract may be affected.

COMPLAINTS PROCEDURE:

Complaints Policy:
To Tuscany is committed to providing a high level of service to our customers. If you do not receive satisfaction from us we need you to tell us about it. This will help us to maintain our standards and ensure you and other guests have a trouble-free holiday.

Complaints Procedure:
As stated in our booking conditions, if you have a problem with any aspect of your Villa/Apartment, you should first inform the property manager whose details are printed on your arrival information and whom most of you will have met when checking in to the accommodation.  If you feel that things are still unsatisfactory, your next call should be to our local staff in Italy – their names and numbers are printed at the bottom of your arrival information.  Our experience has shown that the majority of problems can be resolved whilst you are in Italy and To Tuscany and its representatives will endeavour to resolve all matters to your satisfaction.
In the unlikely event that a satisfactory result cannot be reached whilst you are in Italy, then you need to make an official complaint in writing to the Company within 28 days of departing our accommodation. Please email any complaint directly to karen@to-tuscany.com

What happens next?
All complaints are registered on a Central database in our UK office and you will receive an acknowledgement of your complaint within 48 hours of us receiving your complaint (this is often automated).
As a Company, To Tuscany has a legal obligation to respond to the complaints raised by you within a ‘reasonable amount of time’ from the initial complaint being received.
To Tuscany aims to answer all complaints within one calendar month from the date of our acknowledgement letter.  As a Company, we contact all persons involved in any complaint, whether this is the owner of the villa/apartment or the local property managers, to obtain further information about the complaint and receive their feedback before we make any final decision as to the best way to resolve the complaint.
It is very important that To Tuscany obtains the views of everyone involved in the complaint so that appropriate measures can be made to resolve the situation and ensure that it does not happen in the future.

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