General conditions of Sale

With the following “General Conditions of Sale”, hereinafter GSC, Daniele Floridia’s Agricultural Company, hereinafter AGRIMACCARI defines the general conditions of the sales contract through booking, including electronic methods, of the accommodation service and related services in the scope of its agritourism activity.

 

AGRIMACCARI is particularly attentive to the needs of users of this site. Consequently, it provides them, through the following General Conditions, with suitable information in relation to all aspects that regulate the purchase, possibly via electronic means, of the Services presented on the site, in compliance with the provisions of Legislative Decree 06 /09/2005 n. 206 (“Consumer Code”), as amended by Legislative Decree 02.21.2014, n. 21, issued in implementation of European Directive 2011/83/EU.

The consumer who accesses the Site to book and purchase the accommodation service (hereinafter “Customer”) is required, before sending the request, to carefully read these General Conditions which have been made available to him on the Site and which will be consultable at any time by the Customer also through the link contained in the booking/purchase confirmation email to allow reproduction and storage.

In the event that the person purchasing the accommodation service is not a “consumer or user” as defined in art. 3, paragraph 1, letter. a), of the Consumer Code, the provisions which pursuant to the same Consumer Code apply only to “consumers” will not apply.

DEFINITIONS 

Daniele Floridia’s agricultural company located in Contrada Maccari – SP56 Bimmisca-Agliastro – 96017 Noto (SR), VAT number 01834140897, provides the Services indicated on this site, of which it is the owner of the domain name. Agrimaccari manages the booking/sales platform, also via e-mail, operating on the site.

 

Site: means this website (www.agrimaccari.it and www.agrimaccari.com) from which the booking/purchase service can be accessed.

Service: means the good/product/service offered by AGRIMACCARI through this website.

Customer: means the adult natural person or legal person who, by forwarding the reservation/purchase order, proposes to AGRIMACCARI to purchase the Service through the site and pay the price, also through the platform present on the site itself. If the Customer is a consumer referred to in article 3 paragraph 1 of the Consumer Code, he is subject to all the greater protection provisions provided therein, except as provided for in this contract.

Consumer Code: means the legislative decree 06/09/2005 n. 206

 

General Conditions: means these contractual conditions published on this site, of which the Customer can view and print a copy at any time, which have as their object the sale of the Service by AGRIMACCARI to the Customer.

CONDITIONS

• GENERAL CONDITIONS

These General Conditions constitute an integral and essential part of the Service purchase contract made through this contract.

The submission of a purchase order for a Service by the Customer entails acceptance of these general conditions and the Customer declares to agree to be legally obliged to comply with the terms and conditions set out below.

• OBJECT OF THE CONTRACT

The agreement between AGRIMACCARI and the Customer has as its object the supply and use of the reception and hospitality service in accommodation in the main structure and its appurtenances.

Hospitality is also available in open spaces (pitch) intended for the parking of campers, caravans, tents and similar.

Upon arrival for check-in , the guest in a camper or equivalent vehicle will be given a document containing the rates, services included in the price and the internal regulations to be respected.

Booking your stay at the AGRIMACCARI facility can be made via e-mail at info@agrimacarri.com, or by telephone on 347 5338111.

AGRIMACCARI will check the availability for the accommodation (or housing unit or pitch) requested and will communicate it within the following 48 hours, by sending a booking summary form, containing the request to the Customer, for the purposes of confirming the booking, credit card details as guarantee.

The booking will be considered completed, with acceptance by AGRIMACCARI, only following communication by the Customer of such data.

AGRIMACCARI reserves the right to confirm the booking with different methods (for example, payment of a confirmatory deposit pursuant to art. 1385 of the Civil Code or full advance payment of the stay, for particular cases) from the one indicated above, which however remains the main one.

It is specified that reservations will not be guaranteed for which the credit card details are not received (or payment of a confirmatory deposit pursuant to art. 1385 of the Civil Code or full advance payment of the stay where requested by AGRIMACCARI for particular cases).

In some cases, the booking may be confirmed provisionally or definitively without a deposit, advance or card as a guarantee.

Sending the above is equivalent to unconditional acceptance of the stipulated contract.

At the time of booking it is advisable to report the existence of any particular needs or situations (allergies, mobility difficulties, etc. ).

The characteristics of the various accommodation services on sale on the Site are shown on the relevant page.

By sending the booking/purchase request for the Service, the Customer declares to have read the General Conditions and the Privacy Policy and confirmed their acceptance.

If, following particular events (e.g. pandemics), access to the facility requires certain documents or certificates (e.g. health green pass), the Customer is required to show them.

In the event that the Customer does not have an identity document or other documents required by law, AGRIMACCARI has the right to refuse hospitality.

When no different duration is foreseen, the accommodation contract is considered concluded for one night.

• ACCOMMODATION INFORMATION (or accommodation unit or pitch)

Information and features relating to accommodation services are available on the Site.

The visual representation on the Site, where available, normally corresponds to the photographic image of the typical room by category, but not necessarily to a specific room.

• ARRIVALS AND DEPARTURES

The availability of the accommodation (or housing unit or pitch) is expected from 2.00 pm to 7.00 pm, unless otherwise agreed.

Check-in after 7pm must be communicated via email or telephone by agreeing an arrival time

Once these terms have elapsed, the contract is considered cancelled, without prejudice to the payment of the relevant penalty.

At the time of booking, the Customer must always communicate an active and available mobile number on which he can be reached for any needs.

Upon arrival, guests are required to: hand over an identification document, which will be returned following registration; other mandatory documents for particular cases (e.g. health green pass), fill in a personal identification card; collect the key to access the room or apartment; advance the amount of the chosen period of stay and pay a security deposit of a maximum of Euro 200 (two hundred), if applicable, which will be returned upon check out, after checking the conditions of the premises.

On the day of departure the rooms (or accommodation unit or pitch) must be vacated by 10.00 am, unless otherwise agreed. Guests will have to return the keys, notifying them of any damage or breakages.

If the accommodation (or housing unit or pitch) is not vacated by the time indicated above, AGRIMACCARI, without prejudice to any reservation of consent, is entitled to the payment of an additional overnight stay.

If the availability of the room ( or accommodation unit or pitch) is requested before the scheduled time on the day of arrival or after the scheduled time on the day of departure, the Agriturismo may request an additional payment.

AGRIMACCARI, in compliance with national or regional regulations issued for the containment of the Covid-19 pandemic, reserves the right to vary the availability and method of access to its services based on the legislation or government/ministerial provisions in force at the time of entry into the facility.

• USE OF THE STRUCTURE. SUPPLEMENTS

The price of hospitality services includes the use of the equipment and ordinary amenities of the rooms (or accommodation units or pitches), as well as the general services of the accommodation facility, taxes and services included.

The tourist tax, unless otherwise agreed between the parties, is always excluded from the communicated price.

Breakfast is served at the property in the space that will be communicated upon arrival from 7.00 to 9.30.

Other services included for room accommodation: Wifi, air conditioning, natural water, independent bathroom with linen and toiletries, parking adjacent to the structure. Pool.

The restaurant located in the main building of the estate offers typical Sicilian cuisine for the catering service (not included in the accommodation). To use the restaurant, reservations are mandatory.

The services and equipment that the Customer may request to use optionally constitute extra services and equipment and give rise to the application of an additional price (which must be clearly indicated and communicated in advance to the Customer). As a rule, extras include: breakfast if it is not included in the price of the overnight stay; beverages; replacements of sheets and towels; the use of sports and recreational facilities and equipment, equipment and services, for which there is a fee for single use and the right to use.

• PAYMENTS AND REFUNDS

To confirm and guarantee the booking/purchase of the service, the following credit card data is requested: Number, Type of card (Visa/Mastercard/Amex), Name of the Cardholder, Expiry Date. Alternatively, to guarantee the booking, payment of a sum by bank transfer may be requested.

The following credit cards are accepted: Visa, Master Card, American Express.

The Credit Card will be used by AGRIMACCARI only in the event of a non-refundable cancellation or booking penalty.

For reservations expressly indicated as non-refundable by AGRIMACCARI, 20% of the amount will be withheld from the credit card upon confirmation of the reservation.

AGRIMACCARI will communicate to the Customer, at the time of the booking request, whether the same falls within the typology for which no refund is foreseen or advance payment of the price of the accommodation is required, and the Customer by sending the credit card data or bank transfer accountant, expressly accepts this condition and expressly authorizes the debit on the credit card.

The above provisions constitute a condition for completing the purchase.

The balance of the stay must be paid in advance at the time of check in and only at the discretion of the host facility, at the time of check out.

The following payment methods are accepted within the structure: cash (up to Euro 5000) and electronic money (Debit Card, Visa, Master Card, American Express)

The application of the payment method is in any case subject to acceptance by the institution issuing the credit card/bank, as well as to the fact that the payment is successful and/or the payment method has not been revoked.

• CHANGES, CANCELLATION, DELAYS AND EARLY DEPARTURES

Any change to the original booking (reduction of people in the room, period of stay, etc.) requested by telephone or email must be communicated to AGRIMACCARI at least 15 days before the expected arrival date and a new estimate will be reformulated by the farmhouse with the new request, where possible, satisfy the Customer’s requests.

Cancellation is considered valid only by communication via e-mail.

The Customer can cancel his reservation without any charge before 15 days preceding the day of arrival without penalty, except for reservations defined as non-refundable and accepted as such by the Customer pursuant to these General Conditions.

If the Customer requests cancellation of the reservation from 1 to 14 days before the day of arrival, an amount equal to half the cost of the reservation will be charged to his/her credit card.

If the Customer does not show up on the day of arrival, his/her credit card will be charged an amount equal to the entire cost of the reservation.

The Customer expressly authorizes the above credit card charges, upon the occurrence of the circumstances indicated.

The day of arrival means from 0.00 to 24.00

The amounts agreed upon at the time of booking will not be subject to change even in the event of late arrival or early departure. The Customer, who once the stay has begun will need for personal reasons to reduce the period of stay compared to that booked and guaranteed by the farm, is required to payment of the entire period previously booked as this sudden change will lead to a failed sale and consequent economic loss, which in the meantime will have had to renounce the transfer of the room in question to other booking requests.

• CUSTOMER BEHAVIOUR

Respect for silence is required during the standard hours (2.00pm – 4.00pm; 11.00pm – 7.00am). In any case, behavior must be maintained which at no time of the day and in no way damages the tranquility of others.

Upon leaving the room/apartment, make sure the lights and air conditioner are turned off.

In the event of failure of the electronic equipment and/or systems present inside the rooms and/or the structure, AGRIMACCARI will take steps to implement all the necessary actions to resolve such problems, remaining nevertheless exempt from any refund obligation in favor of the guest.

It is strictly forbidden:

bring open flames into the premises;

use stoves or similar for heating or otherwise;

throwing objects down the toilet;

allow access to the structure to people not expressly authorized by the manager;

• PARKING LOTS

The car parks that AGRIMACCARI has are equipped with are unattended. Therefore, AGRIMACCARI is not responsible for any damage or theft to which the vehicles owned by the Customer or the goods contained therein are subject.

• RESPONSIBILITY

AGRIMACCARI does not assume any responsibility for the physical and/or financial consequences that the Customer may suffer following the exercise of activities connected to the Service, with the exception of cases of proven willful misconduct or gross negligence on the part of AGRIMACCARI, or as provided by law and not derogable.

In particular, AGRIMACCARI is not responsible towards the Customer for damages resulting from:

1. by the Customer’s behavior contrary to the law or these general conditions.
2. by the Customer’s behavior contrary to the normal rules of prudence.
3. from actions or omissions of third parties unless due to the act or gross negligence of AGRIMACCARI.
4. from causes of force majeure beyond the reasonable control of AGRIMACCARI.
5. from theft, loss or damage to money or property owned by the Customer. The Customer acknowledges and acknowledges that AGRIMACCARI is not the custodian of the goods and/or valuables brought into the room.
6. From contractual or non-contractual liability for direct or indirect damage to people and/or things, caused by the failure to accept a request to purchase accommodation.

Any damage caused to the structure must be compensated at the expense of the responsible guest.

The manager declines all responsibility for damage to people and/or things caused by improper or unauthorized use of the structure, related systems or equipment.

The manager is also exempt from any liability for direct and indirect damage caused to guests by the intentional or negligent act of third parties.

There is no custodial service. Personal objects and valuables introduced into the premises of the facility, into the rooms and within the courtyard area (including vehicles owned by guests and their contents) are in no case considered to be entrusted to the custody of the facility’s staff.

• COMPLAINTS

Any complaints must be forwarded to: info@agrimacarri.com

AGRIMACCARI undertakes to respond to all requests received within a maximum of 30 working days.

• PROCESSING OF PERSONAL DATA

The processing of guests’ personal data collected by the manager is aimed at fulfilling contractual obligations.

Through the Site, the Seller reserves the right to retain the data of each booking/purchase as well as the Customer’s contact details for the sole purpose of using them for the correct execution of the contract (also through transmission to the commercial partners involved in the management of the payment and the execution of the Order).

The data provided, the lack of which makes it impossible to execute and complete the contractual obligations and requests of the Customer, are managed in paper and digital form as well as kept in accordance with the provisions of current legislation (Reg. (EU) 2016/ 679).

Guests are granted the rights referred to in the articles. 12 and 13 of the aforementioned Reg. (EU) 2016/679 and, in particular, the right to access your personal data, to request rectification, limitation or cancellation from the data controller.

The storage and processing of data will take place in accordance with the content of the information regarding the protection and use of personal data by the Seller ( “Privacy Policy” section of the Site).

More specifically, please refer to the Privacy Policy at the following url https://www.agrimaccari.com/privacy/

The Customer is advised that AGRIMACCARI, to protect the safety of guests and property, is equipped with a video surveillance system in the common areas (vehicle parking, external areas adjacent to the structure, entrance, stairs to the floors, breakfast area, camper area).

• APPLICABLE LAW AND JURISDICTION

The sales contract between the Customer and AGRIMACCARI is intended to be concluded in Italy and regulated by Italian law.

The contracts concluded with AGRIMACCARI through the Site are governed by Italian law and, in particular, by Legislative Decree 6 September 2005, n. 206 (Consumer Code) and the Legislative Decree of 9 April 2003 (hereinafter referred to as the “E-commerce Decree”).

For the resolution of disputes relating to the interpretation, execution or resolution of these General Conditions or individual orders, if the Customer is a consumer pursuant to the Consumer Code, the court of his municipality of residence or domicile will be exclusively competent. if located in Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Syracuse, any other competent court, even alternative, excluded.

• FINAL PROVISIONS

AGRIMACCARI reserves the right to modify these General Conditions at any time, at its discretion and without notice. Any changes will apply exclusively to sales concluded from that date.

The Customer, pursuant to articles. 1341 and 1342 cc as well as articles. 33 et seq. of Legislative Decree no. 206/05 (Consumer Code), must declare that they accept the contractual conditions reported above and particularly those relating to payments, refunds, variations, cancellations, arrival and departure times.