0. Preamble
(0.1) This short-term tourist rental agreement is hereby entered into, governed by the following general conditions accepted by the person making the booking, through the online "Point & Click" procedure, by ticking the two acceptance boxes at the bottom ("checkbox") and submitting the booking order.
(0.2) In the agreement, the booker is also referred to as Guest or Tenant, and "Borgo delle Dimore" is also referred to as "the Property" or "Landlord".
Art.1 Check-in and Check-out
(1.1) Rooms are available for Check-in from 4:00 pm to 8:00 pm on the day of arrival.
1.2) Access to the Property at different times (Early Check-in), as well as a delayed Check-out (Late check-out), are subject to the availability of the Landlord, with whom they must always be agreed upon, and in any case, entail the automatic charge of a € 25.00// (twenty-five) supplement as an administration fee.
(1.3) Check-out must strictly take place no later than 11:00 am on the day of departure, at the same time as the return of the keys or key cards, and in any case, check-out must be followed by the complete vacation of the property by all persons and belongings.
(1.4) Failure to comply with the check-out time specified in clause 1.3 will also result in the automatic application of a penalty pursuant to Art. 1382 of the Italian Civil Code of €10.00 (ten euros) for each hour of delay, without prejudice to the Landlord's right to claim compensation for any greater loss, including the costs of reaccommodating subsequent guests or reimbursing any third parties who have suffered damages.
(1.5) Should the Tenant make use of the online check-out procedure or otherwise vacate the property in the absence of the Landlord or their representative, they expressly and unreservedly accept that the inspection of the condition of the premises and furnishings will be carried out by the Landlord within 24 hours of vacation.
(1.6) In the circumstances described in clause 1.5, the Tenant accepts that any photographic documentation produced by the Landlord shall serve as full evidence of any damages or deficiencies, unless proven otherwise by means of certain and documented evidence to be provided by the Tenant.
Art. 2 – Subject Matter of the Agreement and Permitted Use
(2.1) The Landlord grants temporary use to the Tenant, who accepts it in its current factual and legal condition, of the furnished residential property situated in Maglie (LE), Vico Paolo Fontana 1-3, better described in the booking confirmation and identified in the land registry as follows: A) King Deluxe Suite (Sheet 16, parcel 458, sub 8, APE identification code 7503925000626904, energy class D, CIN: IT075039C200115665); B) King and Quadruple Suites (Sheet 16, parcel 458, sub 9, APE identification code 7503925000626906, energy class D, CIN: IT075039C200115770).
(2.2) Upon finalisation of the Booking, the Tenant declares, under their own responsibility: A) to be concluding an agreement exclusively for tourist purposes pursuant to Art. 1, paragraph 2, letter c), of Law no. 431 of 9 December 1998, and Art. 4 of Legislative Decree 50/2017 (Short-term Rentals); B) to have their primary residence elsewhere than the unit subject to the Booking; C) that they will use the rented unit exclusively for holiday/tourism purposes and for the period agreed with the Landlord.
(2.3) Any other primary or temporary residential purpose is strictly excluded, including those for work and/or study purposes.
(2.4) The short-term tourist rental relates exclusively to the use of the booked rooms and the provision of linen and initial cleaning.
(2.5) The agreement excludes, and the Landlord will not provide, any additional services such as: the provision of breakfasts or meals, daily cleaning of the premises, a change of linen during the stay, transport services, car hire, or tourist guide services.
Art. 3 Duration, Utilities and Handover
(3.1) The rental has the duration specified in the booking and, in any event, shall not exceed a total of 30 days per calendar year.
(3.2) Upon expiry, the agreement terminates automatically, without the need for any notice of termination, and remaining in the property beyond the agreed term is prohibited.
(3.3) Any damage, faults, malfunctions or discrepancies must be reported in writing no later than 4 (four) hours after entry into the property (Check-in), after which time the rented unit shall be deemed to have been handed over in perfect condition and any damage or discrepancies discovered subsequently shall be attributed, exclusively and in full, to the Tenant.
(3.4) Expenses relating to utilities (water, electricity, gas) are included in the room price, calculated on the basis of average ordinary consumption.
(3.5) It is the Tenant's obligation to use the systems (in particular, air conditioning and heating) with the diligence of a prudent person (Art. 1587 of the Italian Civil Code), and the Landlord reserves the right to charge the Guest for costs arising from excessive consumption or improper use, detectable through meter readings or home automation systems.
Art. 4 Wi-Fi Internet Service
(4.1) The Wi-Fi service, where available, is provided merely as an ancillary courtesy and allows guests to connect up to 3 mobile devices to the Internet per booking.
(4.2) The Landlord does not guarantee continuity, speed, stability, or security of the connection, and is hereby exempt and held harmless from any liability for direct or indirect damages arising from suspension or interruption of the internet service, as well as damage to the Guest's own devices (hardware/software), or from viruses, malware, or cyber intrusions suffered during use of the network.
(4.3) The Guest is responsible for the safekeeping of the access credentials and is solely responsible for the use of the internet connection during the stay, exempting and holding the Landlord harmless from any claim, consequence, penalty, fine or demand for compensation made by third parties or the competent Authorities in relation to the improper or unlawful use of the connection attributable to the Tenant and the other occupants of the rented unit, without prejudice to the Landlord's right to compensation for any damages.
Art. 5 No Smoking
(5.1) Smoking is prohibited throughout the property and in the common areas, and guests wishing to smoke may use the designated outdoor areas.
(5.2) Violation of the ban, in addition to any legal consequences and those towards third parties, will in any case result in the automatic application of a penalty of € 500.00 (five hundred/00) as a flat-rate reimbursement for the costs of extraordinary cleaning, fabric sanitisation, sanitisation of the premises, and odour removal treatment, without prejudice to the Landlord's right to compensation for any further damages.
Art.6 Booking
(6.1) The booking is made exclusively through our Website, without the need for prior registration by the Guest.
(6.2) During the booking process, the Guest is required to provide all personal information and data of their own, as well as of the other occupants of the booked unit, truthfully, correctly and completely, assuming full legal responsibility for the information entered, which will be processed in compliance with the law and our privacy policy.
(6.3) The Guest undertakes to indemnify and hold the Landlord harmless from any liability, penalty, damage, loss or third-party claim arising from the entry of false, inaccurate, incomplete data, or data belonging to third parties without their authorisation, reserving the Landlord's right to suspend the provision of the service or to not proceed with the booking should any inconsistencies or omissions be found in the data provided.
(6.4) By proceeding with the booking, the Guest submits an offer that binds them to the agreement and to the payment of the deposit (if applicable), while the mere automatic receipt of the order or the sending of an "acknowledgement" email do not constitute contractual acceptance; therefore, the agreement is deemed valid and finalised for the Landlord as well only once the latter has accepted the booking completed by the Guest.
(6.5) The Landlord reserves the right to cancel the Booking, even if initially confirmed, and in such an event, will arrange for the refund of any amount already paid by the Guest, with the latter expressly waiving any further claim for damages or performance of the agreement.
(6.6) The booking must be in the name of the person checking in and, for security reasons, upon arrival, the Guest together with any other occupants of the room must provide a valid and up-to-date identity document (passport or identity card).
(6.7) The Landlord reserves the right to cancel bookings affected by errors in the price or service, at no cost to themselves, with the possibility, in such cases, of making a new booking at the correct price and/or with the correct information.
Art.7 Management of Electronic Payments and Limitation of Liability
(7.1) The Tenant acknowledges and accepts that the technical and financial management of electronic payments is entirely delegated to specialised external providers (so-called Payment Service Providers or Gateways), autonomous entities distinct from the Landlord.
(7.2) The Landlord declares that it does not store, process or retain sensitive data relating to credit/debit cards (e.g. full numbers, CVV/CVC codes), which are transmitted directly and in encrypted form to the payment provider's servers, in compliance with international security standards (e.g. PCI-DSS protocols and the PSD2 directive).
(7.3) The Landlord declines all liability for any damages, direct or indirect, arising from: A) malfunctions, interruptions or technical errors attributable to the payment gateway provider or banking networks; B) fraudulent, improper or unauthorised use of payment data or credit cards by third parties occurring outside the Landlord's sphere of direct control.
Art.8. Guarantee Policy
(8.1) A valid credit card is required to guarantee the booking and any potential compensation for damages.
(8.2) Upon check-in, to prevent cyber fraud and the improper use of payment methods, the Landlord applies the following verification procedure: A) upon arrival, the Tenant is required to present the credit card used for the Booking, together with a valid identity document, to allow confirmation of matching data. B) In the event of using Apple Pay, Google Pay or virtual cards, the Tenant must prove ownership of the device or banking application associated with the payment. C) By way of partial derogation from point A), if the card used is in the name of a person other than the attending Tenant (e.g. corporate booking or gift), access to the property will be permitted upon delivery of a specific Third-Party Payer Authorisation Form (available upon request), duly completed and signed by the cardholder, accompanied by a copy of the latter's identity document.
(8.3) Failure to comply with the above will allow the Landlord to deny access to the property and to retain the entire amount paid as a penalty, without prejudice to compensation for any further damages.
Art. 9 Contractual Currency
(9.1) The fee for the rental and ancillary services is fixed, due and payable exclusively in Euros (€), which constitutes the sole binding contractual currency between the parties.
(9.2) Any amount displayed on the Website in a currency other than the Euro is purely indicative, based on current interbank exchange rates, but does not constitute a binding offer in that currency.
(9.3) By proceeding with the Booking ("Point & Click"), the Tenant authorises the charge of the amount in Euros, acknowledges and accepts that the final amount charged to their account statement may differ from the displayed estimate due to: A) the actual exchange rate applied by the credit card issuing institution at the time of the transaction; B) any international transaction fees or currency conversion charges applied by the Tenant's bank.
(9.4) The amount charged will solely be the one indicated in the booking confirmation.
(9.5) The Landlord remains uninvolved in the relationship between the Tenant and their banking institution, with the Tenant waiving any claim, refund or dispute (chargeback) against the Landlord for differences in the amount attributable to exchange rate fluctuations or bank fees applied by third parties.
Art. 10 Stay of Minors or Persons lacking full legal capacity
(10.1) The Booking can exclusively be made by natural persons who have reached their 18th (eighteenth) year of age and have full legal capacity, such that Bookings made by minors or by those lacking full legal capacity are null and void and will not entitle them to check-in, with the entire amount paid being retained as a penalty.
(10.2) Minors under 18 (eighteen) years of age and persons lacking full legal capacity must necessarily stay accompanied by at least one parent or by an adult of legal age who holds legal responsibility for them.
(10.3) The booking holder is fully responsible for any damage suffered by the minor and by the person lacking legal capacity, or caused by them to the property and/or to any third party, indemnifying and holding the Landlord harmless from any duty of supervision and consequence.
(10.4) If the minor or person lacking legal capacity stays at the property, their companion must compulsorily present, at the time of check-in: A) a valid identity document for the minor or incapacitated person, as a Health Insurance Card cannot be considered a suitable document for identification; B) a Proxy with written Authorisation signed by the parents (or by the person exercising legal responsibility), accompanied by copies of the identity documents of the signatories, without prejudice to the Landlord's right to request further documentation, by law or upon request of the competent Authorities.
(10.5) In the event of failure to present the documents referred to in point 10.4, the Landlord will refuse access to the minor, the person lacking legal capacity and the companion, with termination of the agreement for breach and the right of the property to retain the amount paid.
Art. 11 – Cancellation Policy, Withdrawal and Contractual Modifications
(11.1) Any request for modification, cancellation or withdrawal from the Booking must be received exclusively in writing and by email at the address: [info@borgodelledimore.com](mailto:info@borgodelledimore.com)
(11.2) The cancellation conditions vary depending on the rate selected during the booking process ("Point & Click"): A) Standard Rate: the Tenant has the right to freely withdraw from the agreement, without any penalty, by sending written notice no later than 7 (seven) days prior to the scheduled arrival date. B) Non-Refundable Rate: also by way of derogation from Articles 1373 of the Civil Code and 52 of the Consumer Code, for this discounted rate the right of withdrawal is expressly excluded, also pursuant to Article 59, paragraph 1, letter n) of Legislative Decree 206/2005 (Consumer Code); C) in the event of cancellation, no-show or withdrawal, the Landlord will retain 100% of the amount paid as consideration.
(11.3) Without prejudice to the provisions of point 8.2 and unless otherwise agreed with the landlord, the Tenant will be liable to pay a penalty equal to 100% of the agreed consideration for the days booked and not used, in the following cases:
A) failure of the Guest to show up by midnight on the day of arrival;
B) delayed arrival compared to the booked date;
C) early departure compared to the end date of the stay;
(11.4) In the cases referred to in this article, in addition to what is provided for in other contractual points, the Tenant expressly authorises the Landlord to charge this amount to the credit card provided as a guarantee, without the need for further notice.
(11.5) Should the failure to use the stay depend on a case of objective, unforeseeable and unavoidable force majeure proced by documentary evidence by the Tenant within 24 hours of the event, the contract shall be deemed terminated due to supervening impossibility.
(11.6) Failure to use the stay due to subjective force majeure reasons such as illness, injury, or bereavement does not exempt the Tenant from full payment of the price as per the booking, subject to the operation of private insurance policies.
(11.7) In the hypothesis referred to in point 11.5, the Landlord may issue a voucher of equivalent value or proceed with a refund, withholding only the administrative costs equal to 10% of the total.
(11.8) In any case, the Landlord reserves the right to terminate the agreement with immediate effect or cancel the booking, without any liability for compensation, if:
A) the credit card details provided turn out to be invalid, non-existent, or the card does not have sufficient funds for "pre-authorisation";
B) the Booking is the result of a material or technical error;
C) there are reasonable grounds to believe that the Booking was made for illegitimate, unlawful or fraudulent purposes.
D) the booking violates the property's rules.
Art. 12 - Animals
It is not permitted to bring animals of any species or size into the property, unless expressly authorised by the Landlord.
Art. 13 - Guarantees and Pre-authorisation
(13.1) To guarantee the fulfilment of the obligations arising from the agreement, always without prejudice to the right to compensation for further damages, the Landlord sets up a pre-authorisation of €500.00 (five hundred) on the credit card provided by the Tenant during the Booking or check-in, which will become a final charge in the following cases:
A) failure to settle the cost of the room
B) failure to settle the so-called Tourist Tax
C) material damage to the room, in general, to the property, the furnishings, the systems or the equipment;
D) theft of goods, equipment or linen;
E) non-payment of extra services or tourist taxes.
F) failure to return keys / loss, for lock replacement costs;
G) anti-allergenic cleaning for the presence of unauthorised animals
H) costs of restoring, repairing or replacing damaged goods
I) extraordinary cleaning necessary to remove smoke odours or other hygienic alterations.
(13.2) The Landlord will not unblock, remove or reduce the authorised amount until the final bill is processed at check-out, undertaking to reverse the pre-authorisation within the following 48 hours.
(13.3) The actual technical timeframe for restoring availability on the credit card limit will depend on the procedures of the interbank circuit (Visa, Mastercard, Amex, etc.) and of the card-issuing institution, releasing and holding the Landlord harmless from delays, unavailability of funds or inconveniences arising from the bank's timing for releasing the pre-authorisation.
(13.4) The pre-authorisation affects the available balance and the spending limit; therefore, for any information on this practice, the Tenant is advised to contact their bank.
Art. 14 "Non-Refundability" Agreement
By completing the booking procedure and unless suitable independent travel insurance policies are taken out, regardless of the Rate chosen, the Tenant waives the right to terminate the agreement and to request any related refunds for the non-use of the stay due to any subjective impediment whatsoever, including so-called Force Majeure, sudden illness, accidents or family events, loss of payment due to cancellation, loss of or damage to personal luggage, damage to property, loss of money and medical expenses.
Art. 15 - Intended Use and Custody Obligations
(15.1) According to the property's regulations, the Guest and the occupants of the unit rented for tourist purposes are expressly forbidden to: A) change its intended use; B) establish their residence or domicile in the property; C) sublet, grant on a free loan, or assign to third parties, in whole or in part, the use of the property, whether for a fee or free of charge; D) take photos or shoot videos for commercial or advertising purposes throughout the entire area owned by the Landlord, of their employees or Guests, without any exception, unless with their express written consent; E) organise or participate in parties and gatherings not authorised by the Landlord; F) cause disturbance or disruption to the stay of other Guests of the property; G) violate the maximum number of occupants indicated and accepted during the booking phase; H) bring disrepute to the property or the Landlord through their behaviour; I) in general, fail to comply with any further instructions provided by the Landlord or their delegate, for the entire duration of the stay.
(15.2) The Tenant becomes the custodian of both the room and the furnishings from the moment of check-in until check-out, undertaking to return the rented unit in the same conditions as at check-in, and being liable, for themselves and for the other occupants, for any deterioration, loss, theft of goods, damage caused to third parties, to the property, to employees, to the person of the Landlord or to their appointees, which occurred during the stay, unless they prove that they happened for reasons not attributable to them.
(15.3) The contractual relationship does not constitute a deposit agreement nor do the rules on hotelier's liability (Art. 1783 of the Italian Civil Code) apply; therefore, the Landlord is not liable, under any circumstances, for theft, loss or damage to valuables, money and personal items left by the Tenant in the property (even if kept in safes, provided for convenience, but without any obligation of surveillance).
(15.4) The non-compliance by the Guest as well as by the other occupants of the property with even just one of the obligations provided for in these General Conditions will lead to the automatic termination of the agreement, with immediate effect.
(15.5) In the hypothesis referred to in point 15.4, the Tenant and the other occupants will be required to immediately vacate the property, always without prejudice to the Landlord's right to retain the entire amount paid by way of penalty (Art. 1382 of the Italian Civil Code) and to act for compensation for further damages.
(15.6) In case of departure from the property before the scheduled check-out day, the cost of the entire stay will not be refundable and the Tenant must settle the bill in full before departure (in addition to bearing any other charge that the Landlord will have the right to receive or recover, pursuant to the contractual conditions or as a still due part of the booking).
Art. 16 Condition of the Property, Compliance and Service Interruptions
(16.1) The photographs and descriptions on the web have an exclusively illustrative value and do not constitute a promise of essential quality of the real estate unit, with the Landlord reserving the right to make changes to the furnishings, equipment, or internal layout due to renewal or maintenance needs that do not alter the category and substantial usability of the property at the time of arrival.
(16.2) The Landlord is not responsible for interruptions or suspensions of services (electricity, water, gas, internet) attributable to public network operators or due to force majeure.
(16.3) In the event of a breakdown of the systems or appliances during the stay, the Tenant undertakes to tolerate the technical intervention necessary for the restoration, waiving refunds and price reductions for interventions resolved within a reasonable time of 48 hours from the report or for the unavailability of ancillary services (e.g., slow Wi-Fi, broken TV, temporary block of air conditioning) that do not compromise the essential habitability of the property.
Art. 17 Unavailability of the Accommodation
(17.1) Should the booked accommodation become unavailable due to force majeure, extraordinary maintenance or technical overbooking, the Landlord reserves the right to place the Tenant in alternative accommodation with qualitative characteristics equivalent or superior to the booked one, located in the same area, at no additional cost to the Tenant.
(17.2) The acceptance of alternative solutions will extinguish any claim regarding the original booking.
(17.3) In the event of an offer of a lower category, the Landlord will refund the difference to the Tenant; whereas if the Tenant desires a different solution from the one proposed by the Landlord, they will be required to pay any difference.
(17.4) If the Tenant decides not to accept the proposed replacement, the agreement will be considered terminated and the Landlord will refund the Tenant the amounts already paid only in the case of a qualitatively inferior alternative offer.
(17.5) Upon receipt of the refund referred to in point 17.4 by the Tenant, the latter will be considered fully satisfied, waiving, as of now, any further greater request, action and claim, including for compensation, for any reason, title and expense item, including ancillary ones such as transport or rental costs independently incurred by the Tenant.
Art. 18 Force Majeure
(18.1) The Landlord shall not be liable for breaches or delays in the execution of the agreement resulting from: a) force majeure; b) unforeseeable circumstances; c) unforeseeable events such as, by way of example, measures by authorities, health emergencies; natural disasters; d) events, in any case, not attributable to their will that render the property temporarily or permanently unusable or the performance impossible, pursuant to Art. 1256 of the Italian Civil Code.
(18.2) The Landlord will give prompt notice to the Tenant upon the occurrence of what is indicated in point 18.1, with the consequent automatic termination of the agreement, as soon as the Tenant has received the Landlord's communication:
(18.3) The occurrence of one of the events referred to in point 18.1 will oblige the Landlord to refund the Tenant for the amount paid by the latter.
(18.4) Upon receipt by the Tenant of the refund referred to in point 18.3, the latter will be considered fully satisfied, waiving, as of now, any further greater request, action and claim, including for compensation, for any reason, title and expense item, including ancillary ones such as transport or rental costs independently incurred by the Tenant.
Art. 19 - Applicable Law and Jurisdiction
(19.1) This agreement is governed exclusively by Italian Law, except for mandatory international regulations.
(19.2) For any dispute arising from the interpretation, execution or termination of this agreement, even in derogation of different provisions, provided they are not mandatory, the parties expressly agree on the exclusive jurisdiction of the Court of LECCE, to the exclusion of any other concurrent or alternative jurisdiction.
Art. 20 Tourist Tax
The payment for the room does not include the tourist tax which, if due to the Municipality of Maglie, must be paid by the Tenant to the Landlord, who acts as the person responsible for collection, and the payment must be made no later than check-out, according to the rates in force at that time.
Art. 21 Privacy
(21.1) The Tenant authorises the processing of their personal and banking data pursuant to EU Regulation 2016/679 (GDPR) for purposes strictly related to the execution of the agreement, including the obligations to communicate with the Police Headquarters (Alloggiati Web) and to ISTAT/Apulia Region (DMS).
(21.2) For details regarding data processing, data retention, data subject rights (access, rectification, cancellation) and the contact details of the Data Controller, please refer to the Privacy Policy available at the bottom of the website.
(21.3) Therefore, the Guest declares:
[A] I have read and understood the Privacy Policy. (Required to proceed)
[B] I consent to receive offers and commercial communications. (Optional)
Art. 22 Specific Approval of the General Terms and Conditions
(22.1) By completing the Booking, the Guest undertakes to pay the deposit (if applicable) and certifies to have read and to accept, without reservation or exception, all the General Terms and Conditions.
(22.2) For the finalisation of the Booking, both checkboxes A and B must be clicked:
[A] I declare that I have read and accept all the General Terms and Conditions and the Privacy Policy
[B] Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the following clauses making up the agreement are specifically approved: 0. Introduction (0.1), (0.2); Art. 1 Check-in and Check-out (1.1), (1.2), (1.3), (1.4), (1.5), (1.6); Art. 2 Subject Matter of the Agreement and Intended Use (2.1: A.B), (2.2:A,B,C), (2.3),(2.4), (2.5); Art. 3 Duration, Utilities and Taking Possession (3.1), (3.2) (3.3), (3.4), (3.5); Art. 4 Wi-Fi Internet Service (4.1), (4.2), (4.3); Art. 5 Smoking Ban (5.1), (5.2), (5.3); Art. 6 Booking (6.1), (6.2), (6.3), (6.4), (6.5), (6.6), (6.7), (6.8); Art. 7 Management of Electronic Payments and Limitation of Liability (7.1), (7.2), (7.3: A, B); Art. 8 Guarantee Policy: (8.1), (8.2: A, B, C), (8.3); Art. 9 Contractual Currency (9.1), (9.2), (9.3: A,B); (9.4); (9.5); Art. 10 Stay of Minors or Subjects without full legal capacity (10.1), (10.2), (10.3), (10.4), (10.5: A,B), (10.6), (10.7); Art. 11 Cancellation Policy, Withdrawal and Contractual Amendments (11.1), (11.2:A,B,C), (11.3:A,B, C), (11.4), (11.5), (11.6), (11.7), (11.8:A,B,C,D), Art. 12 Pets; Art. 13 Guarantees and Pre-authorisation ( (13.1:A,B,C,D,E,F,G,H,I), (13.2), (13.3), (13.4); Art. 14 "Non-Refundability" Agreement; Art. 15 Intended Use and Custody Obligations (15.1:A,B,C,D,E,F,G,H,I), (15.2), (15.3), (15.4), (15.5), (15.6); Art. 16 Condition of the Property, Compliance and Service Interruptions (16.1), (16.2), (16.3) (16.4); Art. 17 Unavailability of the Accommodation (17.1), (17.2), (17.3), (17.4), (17.5), Art. 18 Force Majeure (18.1), (18.2), (18.3), (18.4); Art. 19 - Applicable Law and Jurisdiction (19.1), (19.2); Art. 20 Tourist Tax; Art. 21 Privacy (21.1), (21.2), (21.3.A,B) Art. 22 Specific approval of the final general provisions (22.1), (22.2:A,B).