Accomodation terms

Accommodation Terms

Malfa, 1 July 2022

Accommodation Terms

The following Booking Terms (Terms) apply to all room and suite reservations (Reservations) made via our or third parties reservations system, email or telephone. We kindly ask that you take a moment to read them carefully before we confirm your Reservation as they apply to your Reservation. If you do not accept them, please contact the reservations team to cancel your booking enquiry.

1.Contracting with Us

These Terms are a legal agreement between you (you) and Frangimare (Villa). The Villa or we or us refers to the individual Villa that you will stay at. If you need to get in touch about your stay with us after you have completed your Reservation, please contact the Villa. If you need to get in touch with us to give us a formal contractual notice, please refer to clause 23 below. If we need to contact you, we’ll use the email address you provide when making your Reservation.
Our reservations team will guide you through the steps to make a Reservation. Please take the time to read and check the emails our reservations team may send.
We will confirm the accommodation you wish to reserve and you will provide authorization for us to recover, through your credit or debit card, payments due to us.
Your initial request, whether by telephone or email shall constitute an offer to us to reserve the accommodation specified in the Reservation. We may accept or decline the Reservation. Our acceptance of your Reservation will be as described in sub- clause 6 below.
If we accept the Reservation, we shall notify you of our acceptance by email by sending you a Confirmation Email which confirms the price and details of your Reservation, and references these Terms. Only at that point will a contract for the accommodation be formed.
The Villa reserves the right, in its discretion not to accept any Reservation. If we decline to accept, or cancel, a Reservation for which we have received payment, we shall refund the payment, but shall have no further or other liabilities.
We may change these Terms from time to time (and may or may not let you know that we have), so you should come back to this page regularly to check the Terms. You can see the date we last changed the Terms noted above. If you continue to make a Reservation after we’ve changed the Terms, then you agree to the new Terms.

2.Definitions

The following defined terms apply to these Terms:

Duty Manager: means the duty manager from time to time of the Villa;
Guest: means an individual who is non-resident in the Villa attending the Villa for the purposes of using the Villa’s Facilities;
Villa’s Facilities: means the Villa’s bar, common rooms, pools, garden, porch, scooters, vehicles, boat and amenities;
Identity Documents: means one of the following: valid passport; valid identity card.
Paying Person: means the individuals, company or association who is/are liable for payment of the Resident’s Villa bill or Guest’s bill for the Villa’s Facilities. The Paying Person can be the Resident/Guest;
Registration Form: means the Villa’s Registration Form;
Resident: means an individual who is resident in the Villa;
Services: means the Services provided by the Villa from time to time;
Visitor: means an individual either expressly or impliedly invited by the Resident or Guest to the Villa;
Website means www.frangimare.com; and
You or you: means a Guest, Resident or Visitor, as the case may be.

3.Check-in and check-out time

Check-in is available from 3pm and check-out by 10am.
If you’ll be arriving early, we’re pleased to offer early check-in upon availability.
If you’ll be arriving late, all rooms that have been secured by credit/debit card or prepaid at the time of booking will he held until 11.59pm on the scheduled date of arrival unless otherwise agreed directly with us.

4.Reservations

You can cancel your reservation by contacting the Villa directly or via the Website. You will need your online booking reference which was sent by email at the time you booked.
To finalize the booking, we ask for a deposit guarantee of 30% of the total for the entire stay by bank transfer or credit card payment. The balance will be requested in compliance with our cancellation policy.
The cancellation policies are communicated through our reservation system.
A credit card or a deposit may be required as a guarantee.
Except where we’ve agreed in advance, specific suite or room numbers are not provided to you prior to your arrival. Where you have been given a specific suite or room number, we reserve the right to change it.
All descriptions, illustrations and indications of the price of our accommodation provided on the Website or otherwise communicated to you are for guidance only and intended merely to present a general idea of the accommodation. Subject to this clause 4, your room or suite details and the price payable will be specified in your Confirmation Email.
The images on the Website of our Villa and accommodation are for illustrative purposes only. Although we have made every effort to display the rooms and suites accurately, the accommodation may vary slightly from those images.
The prices stated are inclusive of sales taxes at the applicable rate.

5.Registration Requirements

When you arrive and register with us, You will also be asked for your online booking reference and Identity Document(s). This is required by law.
These records will be kept as per the applicable law. We reserve the right to refuse entry to persons who cannot provide the information set out in 5.1 above.
All same day booking Residents and Guests may also be required to confirm their identity by providing their Identity Document(s).
Guests under the age of 18 may only be registered and checked in to the Villa if accompanied by an adult.

6.Room moves

Very occasionally, we may need to move you from one suite to another. If it is not possible to move you to a different suite whilst you are present, we are authorised to remove your belongings from your existing suite and place them in a new suite. You are responsible for the removal of all valuables from your existing suite and valuables placed in the suite safe.

7.Admission to the Villa

We reserve the right to refuse admittance to the Villa’s rooms or give access to other areas of the Villa at all times. The protection of You, Your property, the Villa, the Villa’s property and the reputation of the Villa are of paramount importance. Where, in our reasonable opinion, there is doubt regarding a prospective Resident, Guest or Visitor, access to the Villa may be declined.
We do not tolerate discrimination whether on grounds of sex, age, gender identification, colour, race, nationality, disability, marital status, maternity or pregnancy, religion or belief, sexual orientation, ethnic or national origin and such factors are never taken into account by us in declining admission, or for any other reason.
We operate a complaints procedure and Residents, Guests or Visitors who are refused admission are entitled to lodge a complaint in accordance with clause 14.
We must comply with certain licensing and statutory regulations and reserve the right to restrict access to the Villa’s Facilities in accordance with the Villa’s alcohol license.
There are several property venues available to create a memorable event for our guests. There is a property event fee the Villa will reserve to apply to grant the use of the property venues.
We may offer two booking options: (i) the entire villa for exclusive use (up to 12 guests) or (iii) one or more of our independent suites (up to 4 guests).
When booking an independent suite, guests will have free access to the common areas (living area, dining room, porch, garden and swimming pool), excluding the common kitchen. In case of booking the entire Villa, the common kitchen will be available to guests, shared with the staff.
Using the poolis exclusively at your own risk, there is no lifeguard on duty. No children under the age of fourteen (14) years of age will be allowed in or about any swimming pool area unless accompanied by an adult. The pool is a private pool for the use of the Guests only. You further agree no ball playing, running or wrestling will be allowed in the pool or pool area. Other pool rules are to be observed as posted from time to time by the Villa.

8.Guests and Visitors

1. Visitors may only stay overnight in a Resident’s room or suite if the number of sleepers corresponds with the number of beds, so we do not breach the accommodation maximum specified in the Villa.
2. Please note that you are responsible for the conduct of your Guests and Visitors whilst they are at the Villa. Please be considerate of our other guests and do not be noisy or cause a nuisance. Please cooperate and comply with any reasonable requirements of, and with any policies of the Villa and the Villa Facilities as may apply from time to time.
3. Please note that Individuals suspected of soliciting or importuning irrespective of whether they are a Guest, Resident or Visitor will be denied access to the Villa.

9.Resident/Guest/Visitor Obligations

1. Your behaviour, appearance and sobriety must be of a standard appropriate to Villas of the Villa’s standing.
2. You agree, for yourselves and your Guests or Visitors, not to use the Villa or its Services for any unlawful purpose or in breach of applicable law. Examples of prohibited uses include but are not limited to:
  1. commission of any criminal offence including the possession and use of controlled drugs and possession and storage of firearms and shotguns;
  2. use of the Villa’s Services in any manner which is an infringement of the rights of any individual, firm, organisation or company according to applicable law;
  3. discriminatory behaviour or other behaviour which affects the dignity of an individual directed by you or your Guests/Visitors to another individual or individuals within the Villa, including other Residents/Guests/Visitors or staff of the Villa, whether verbal or not, which is of a sexual or racial nature or is based upon disability, age, sexual orientation, gender identification, nationality, marital status, maternity or pregnancy; or religion or belief;
  4. any form of verbal or non-verbal conduct which could be regarded as violent, bullying or intimidatory behaviour such as unsolicited touching of Residents/Guests/Visitors or staff of the Villa;
  5. conduct exhibited by Residents/Guests/Visitors which invades the privacy of another individual or individuals including other Residents/Guests/Visitors and staff of the Villa;
  6. entertaining of courtesans or those employed for sexual gratification at the Villa;
  7. holding oneself out as an employee, agent or other representative of the Villa;
  8. taking any step or committing any action which may damage the moral standing or reputation of the Villa and/or bring its name into disrepute;
  9. holding oneself out to be operating a business from the Villa’s premises without written authorisation from the Villa;
  10. soliciting goods and services from Residents, Guests or Visitors and staff of the Villa without their express consent;
  11. installation of recording and surveillance equipment anywhere within the Villa’s premises;
  12. (for the protection of the privacy of all our Guests, Residents and/or Visitors) filming and/or photographing for the purpose of public use in any areas of the Villa without our prior written approval;
  13. commercial photography or filming without our prior written consent; and
  14. the use of our Intellectual Property including trademarks or trade names without our prior written approval.
3. Whilst some limited parking space may be available at the Villa, we are under no obligation to provide you with parking you and/or chauffeur driven vehicles.
4. You will comply with any directions from us with respect to the parking, unloading and delivery of all supplies and confirm that we shall not be responsible for any loss of or damage to your, your Guest’s or Visitor’s vehicles (or to any deliveries or supplies) howsoever occasioned unless such loss or damage is proved to have been caused by our negligence.
5. Animals are not accommodated at the Villa.
6. No alcohol or food may be brought into the Villa for consumption within the Villa save in accordance with terms agreed between you and the Villa which will include the application of corkage and cover charge.
7. Firearms, shotguns or any other weapons may not be brought into any Villa.

10.Sanctions Caution

1. Where You are engaged in conduct which in the Villa’s view is unacceptable, the Villa’s management, at their discretion, may as an alternative to asking You to leave the Villa, issue you with a verbal caution requiring you to refrain from and to provide assurances not to engage in such unacceptable conduct on the Villa’s premises. Failure to comply with such requests will result in you being asked to leave. We reserve the right to contact the police should, in the Villa’s opinion, your conduct warrant this action.
2. If your unacceptable conduct is deemed by us to be sufficiently serious or we reasonably believe that you are unable or have no intention to pay for the Villa’s Services, we may ask You to leave the Villa with immediate effect. In such circumstances, You will be responsible for the payment of all charges incurred up to the time of departure at the time of departure.
3. You agree for yourself and/or your Guest(s) and/or your Visitor(s) to reimburse the Villa for all damages (including damage to property (including all Villa’s contents, artworks and Facilities), losses, liabilities, including any fines or penalties imposed by any regulatory or trading authority), expenses, costs or other liabilities of any nature suffered or incurred by the Villa or any of its employees, agents or sub-contractors including any damages or other sums awarded against us under any judgment by any court of competent jurisdiction, and all settlement sums paid by us as a result of any settlement agreed, arising out or in connection with any breach by You, Your Guests and Visitors of any of these Terms.
4. We reserve the right to seek damages in respect of damage caused to the Villa’s reputation caused by a breach of these Terms.

11.Accounts Authority

1. You warrant that you are over 18 years of age and are authorised by or on behalf of the Paying Person to agree to these Terms and to incur the charges for use of the Services provided by us.
2. If you are a business customer, you confirm that you have authority to bind any business on whose behalf you are making Reservations.
3. During the online reservation process, guests will be required to confirm a valid method of payment and you hereby authorise the settling of all outstanding charges by the Villa by the use of the provided payment method and/or using any of your credit or debit card details held on file authorised for such use.
4. Charges for usage of any or all of the Services provided by the Villa are to be settled prior to leaving the Villa or in accordance with payment terms agreed in writing between the Paying Person and the Villa. You are deemed to have authorised the settling of all outstanding charges which can be processed by the Villa using any credit or debit card details held on file.
5. Payments for the Villa’s Services may at our discretion be made by a third party such as a company, association or individual. We are entitled to decline payment by any such third parties. You remain personally liable for all charges for the Villa’s Services until receipt of cleared funds from such third party.
6. We reserve the right to charge interest on late payments.

12.Third party services

Where we procure services for You through a third party (such as restaurant bookings), all contractual arrangements relating to such services are between You and the third party.
We do not give any warranty, guarantee or other term as to the quality, fitness for purpose or otherwise of services supplied by third parties.

13. How We Use Your Personal Information

We are committed to protecting your privacy. You can read the full details of how we use your personal data, your rights and how the law protects you in our Privacy and Cookie Policy.

14.Complaints and claims

Any complaints and/or claims will be treated with the utmost seriousness. Please report any claims for loss of or damage to property or personal injury to us as soon as reasonably practical after becoming aware of the claim and if this is after you have left the Villa, no later than 3 working days after leaving.
You are requested to make any complaints concerning the level of service or the conduct of our staff or other Residents, Guests or Visitors to the Duty Manager prior to your departure from the Villa. A senior manager of the Villa will aim to contact you within 48 hours of any such complaint.
In the event of a claim alleging theft or the misappropriation of property, or violence or intimidatory conduct perpetrated against any Resident, Guest, Visitor or individual in the Villa, immediate notice of any such claim must be provided to the Duty Manager. We will conduct our own investigation and will involve the police either at the request of a victim to any such claim or where there is a reasonable belief that a criminal offence has been committed.

15.Limits on the Villa’s liability

The Villa’s liability is limited as follows:
1. We will not be responsible for the loss or damage of any property left in the Villa, save for the Villa’s willful act, other than as required under any applicable law.
2. Any liability extends only to Residents with sleeping accommodation at the Villa and is limited to Euro750 for any one article and a total of Euro1500 in the case of any one Guest.
3. The Villa does not accept liability for claims if you fail: (a) to bring such incidents to the attention of the Villa within the time periods set out in clause 14 of these Terms; and/or (b) to co-operate with the police if involved.
4. Except in respect of death or personal injury caused by the Villa’s negligence, or as expressly provided in these Terms, we shall not be liable to you:
  1. by the use of Villa’s premises, amenities, contents, materials and Villa’s Facilities, including but not limited to the swimming pool, scooters, boats and other vehicles;
  2. by reason of any representation (unless fraudulent);
  3. under any implied warranty, condition or other term, or any duty at law;
  4. for any financial loss or any liability You may have to a third party;
  5. for any loss of profit, business, contracts, revenues, anticipated savings, reputation, goodwill or opportunity; or
  6. for any indirect, special or consequential or pure economic loss, damage, costs, expenses or other claims (whether caused by the negligence of the Villa, its servants or agents or otherwise) which arise out of or in connection with the provision of the Services (including any delay in providing or failure to provide the Services) or their use by You, and the entire liability of the Villa under on in connection with the Contract shall not exceed the amount of the Villa’s charges for the provision of the Services, except as expressly provided in these Terms.
5. We shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from any instructions supplied by you which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from your late arrival or non-arrival or any other fault of yours.
6. You acknowledge that in entering into the Reservation, you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
7. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or on the Website.

16. Force Majeure

1. Where the Villa’s performance of its obligations is prevented or affected directly or indirectly by or as a result of force majeure or any circumstances beyond its reasonable control, including floods, earthquakes, adverse weather conditions, natural disasters, other acts of God, acts of terrorism, fire or failure of electric power, gas, water or other utility service, plant machinery, computers, vehicles, collapsing of building structures, government or public authority interventions, pandemics, strikes, labour disputes, accidents and emergency repair works, then the Villa’s liability to you shall be limited to refunding to you any sum that it has already paid to us in respect of those obligations that we are unable to fulfil.

17.Non-transferable rights

Unless we otherwise agree, your rights to access and use of the Villa’s services and any other rights under these Terms are personal to you and may not be transferred.

18.Third party rights

Nothing in these Terms or this Contract is intended to or will create any benefit for or right to enforce any of these Terms to anyone other than you and the Villa and the operator of the Website, namely IdeaLab S.r.l..

19.Validity of clauses

If any clause in these Terms is found by any court to be invalid or unenforceable this will not affect the other clauses in these Terms which shall remain in full force and effect.

20.Non-waiver

The failure to exercise or delay in exercising any right provided by these Terms will not prevent us from exercising such rights on a later occasion.

21.Jurisdiction

The exclusive jurisdiction of any disputes is the Court of Messina, the governing law is Italian law.

22. Residents Liability for actions of Guests and Visitors

You shall be responsible for the conduct of your Guests and Visitors whilst they are at the Villa and you shall indemnify the Villa for any breaches of these Terms committed by not only yourself but also your Guests and Visitors.

23.General

1. These Terms, and our Privacy and Cookie Policy constitute the entire agreement between us and supersedes any previous agreement or understanding and may not be varied except in writing between the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
2. If you would like to contact us about your stay at the Villa, please contact the Villa directly using the contact details in our Website. If you need to contact us to serve a formal legal notice under these Terms, please write to IdeaLab S.r.l., Via Roma 121 – Malfa Isola di Salina (Messina).
3. These Terms are written in English and Italian language. In case of discrepancy amongst the two versions, the English version prevails.