Terms of Rental
These terms of rental shall apply to the rental agreement that has been entered between the owner of the holiday home and the tenant with Be Tuscany as the agent. Be Tuscany shall function only as the agent and shall be liable only as such. The rental of the holiday homes that Be Tuscany provides shall always be on the following terms and conditions that constitute the contractual basis between the holiday home owner and the tenant. Supplements to the rental agreement shall only be valid if they appear in writing.Commencement
Before the beginning of the holiday in the holiday home, the tenant shall receive a rental agreement containing travel directions to the holiday home and a detailed house description with an exact indication of the place to pick up the key.
1. Terms of rental
The arrival and departure times stated on the rental agreement are always applicable. The house description contains information of the time on which the holiday home is ready for arrival and when it is to be vacated. The key is usually only handed out on presentation of the original rental agreement.
2. The holiday home
2.1 The size of the holiday home The stated square meters of the house have been calculated based on the outside measurements of the base.
2.2 Number of guests
At any time, the holiday home and the property belonging to it may only be occupied by the number of persons stated on the 'Booking form', and in the rental agreement including children regardless of their age. If the house or the property is being occupied by more persons than the maximum number allowed, the holiday home owner or Be Tuscany shall have the right to dismiss the additional persons without notice. If the tenant does not comply with this dismissal within 12 hours from the announcement of the dismissal, the holiday home owner and/or Be Tuscany are entitled to terminate the rental agreement with immediate effect and without further notice dismiss all occupants with no refund of the rent.
Be Tuscany and the holiday home owner shall be entitled to reject a group if the announcement has not been made well in advance before the beginning of the tenancy. Be Tuscany and the holiday home owner shall be entitled to charge an increased deposit for group bookings on arrival and may also require com- pulsory final cleaning.
2.3 Tents and caravans
It is prohibited to pitch tents or have caravans or the like by the holiday home grounds. The holiday home owner and Be Tuscany are entitled to demand such removed immediately. If the tenant does not comply with such instructions immediately, the holiday home owner and/or Be Tuscany are entitled to terminate the rental agreement with immediate effect and to dismiss all occupants without further notice and with no refund of the rent.
2.4 Pets and allergies
In most of the houses, pets are not allowed. However, neither the holiday home owner nor Be Tuscany can guarantee that there have been no pets in the house on prior occasions.
2.5 Newly constructed holiday homes
Please note that the garden belonging to newly constructed holiday homes might not have had time for the lawn, plants etc. to flourish.
Also in holiday home areas, tenants may unexpectedly experience noise from construction sites, traffic or the like. Neither the holiday home owner nor Be Tuscany can be held accountable for noise nuisances.
2.7 Swimming pools
For safety reasons, the tenant must follow any instructions from the holiday home owner or Be Tuscany relating to the use of a swimming pool in the Be Tuscany holiday home. The tenant himself/her- self is responsible for any use of the swimming pool. Children must not be present in the pool area without the supervision of an adult.
3. Prepayment of rent
.if the booking is made 8 weeks or less before the arrival the full amount is required. The prices are in EUR (Euro) per house per week. The reservation is binding immediately, both for reservations on the Internet. After confirmation of the availability of the property, the Client must pay a 30% deposit at reservation, within 3 days. The balance is payable 8 weeks before arrival date. Be Tuscany reserves the right to regard the booking as cancelled if the full payment is not received in time and shall be entitled to retain any deposit paid.
4. Taxes and currency Against clear documentation
Be Tuscany shall be entitled to increase rent proportionately in case of price increases, increased taxes, fees and foreign exchange rate fluctuations. If the currency of the country in which the holiday home is located or if the currency in which the holiday home is settled by Be Tuscany changes compared to the currency which is used for the tenant's payment in accordance with the price list, the rent may be increased with the same percentage that the currency used has been increased with since the printing of the price list. The increase of the rent can be made after the rental agreement has been entered into and before the beginning of the rental term. This situation does not entitle the tenant to cancel the rental agreement.
5. Holiday insurance
An holiday insurance covering cancellation, interruption of stay and rental risks is included in price per week and it's managed by our partner 'Adar' insurance.
The tenant is entitled to cancel the agreement only upon payment of cancellation fees. Cancellations must be made in writing. The cancellation costs are the following:
1- In the event of cancellation up to 8 weeks prior to the commencement date of the rental period:
-the down payment , being 30% of the total rent as well as any insurance premiums-
2- in the event of cancellation from 8 weeks prior to the commencement date of the rental period up until the date of arrival or later:
-the total rental amount paid, being 100% of the total rent as well as any insurance premiums.
3.Early departure from the booked accommodation constitutes cancellation during the stay-
4. cancellation by the main tenant also constitute cancellation on behalf of the Co- tenant, if any.
In case of cancellation , the tenant has to inform first Betuscany by e.mail, in case of a refund request the tenant should directly contact the 'Adar' Insurance
The use of heating is controlled by regulations which vary from region to region. As an indication, heating appliances may be switched on between November and April.
According to the holiday home owner's wishes, the rental agreement shall depend on payment of a deposit which shall be charged on payment of the rent or when the tenant picks up the key. The deposit serves as the holiday home owner's security in case of damage to the holiday home and/or lack of or insufficient final cleaning. The size of the deposit depends on the size and amenities of the holiday home. The size of the deposit appears on the rental agreement, on Internet. Any damage or insufficient cleaning will be deducted. If the amount of the above set-off exceeds the deposit, the tenant will be invoiced the amount due.
9. Final cleaning
The tenant shall leave the house cleaned and in good order. The house shall always be vacated in a condition in which the tenant would like to receive it. An ordered final cleaning will not exempt the tenant from the obligation to do the dishes, empty the refrigerator and tidy up in and around the holiday home before departure.
The tenant shall treat the rented premises in a responsible manner. The tenant must return the rented premises in the same condition as it was received except ordinary wear and tear. The tenant are liable towards the holiday home owner for any damage to the holiday home and/or its inventory inflicted during the rental term by the tenant or others who were given access to the rented holiday home by the tenant. Damage to the holiday home and/or its inventory inflicted during the rental term must be reported to Be Tuscany immediately. If the defect has been reported or can be ascertained through ordinary attention, complaints regarding damage inflicted during the rental term shall, be asserted within 3 weeks from the end of the rental term unless the tenant has acted fraudulently. The holiday home owner and/or Be Tuscany will check the premises between each rental term during which any damage and defect of the holiday home and/or its inventory and also any lack of or insufficient cleaning will be established.
11. Defects, complaints and remedy
Immediately upon taking over the holiday home and no later than 72 hours from the beginning of the rental term or from the finding of a damage, the tenant shall address any complaint on the location to the holiday home owner or his or her representative. If this does not lead to a satisfactory solution for the tenant, the tenant shall contact Be Tuscany by telephone in order to seek a remedy. When contacting Be Tuscany, please use these nr. +39 3331291608 or +33 668981942. The tenant must contribute to the avoidance of worsening any damage, defects or faults and must contribute to keep any loss as small as possible for the holiday home owner and for Be Tuscany. In case of a complaint, the tenant shall grant Be Tuscany a reasonable time-limit to remedy or repair any damage. Early departure before the end of the rental term without prior agreement with Be Tuscany will be at the tenant's own expense and risk. The tenant risks not being able to terminate the rental agreement and also risks losing the right for compensation and a price reduction as the tenant prevents Be Tuscany to remedy or repair the damage or offer relocation to a different holiday home . Be Tuscany reserves the right to remedy any complaint by transferring the tenant to a different holiday home of a similar price and quality if possible. This decision will be made at Be Tuscany's discretion. If, in the tenant's opinion, the complaint does not lead to a satisfactory solution during the rental term, the complaint shall be forwarded in writing to Be Tuscany for further handling no later than 14 days following the end of the rental term. Be Tuscany will not accept complaints on the grounds that other tenants received a better holiday home than what is described on the Internet. Be Tuscany will at all times seek to fulfill any specific wishes, e.g. regarding the location of the holiday home etc, but no guarantees are offered. Any liability for damages shall only include direct, financial damage. Neither Be Tuscany nor the holiday home owner can be made responsible for any indirect damage (consequential damage) or any damage of a non-economic character (non-pecuniary loss).
12. Technical installations Technical installations Many holiday homes have washing machines, dishwashers, microwaves, video players, TV satellite, dishes, deep freezers, sunbed/tanning beds, swimming pools, whirlpools, and similar amenities. As these things are put at the tenant's disposal for free, the tenant can not make claims for brief, unexpected disturbances, damage or outages. The same shall apply to pipe installations, sanitary installations etc. In such cases, the tenant shall inform Be Tuscany of the situation so that Be Tuscany can request the holiday home owner to arrange for repair as soon as possible.
13.Be Tuscany as provider Be Tuscany provides renting of holiday homes and does not own these. Landlord's responsibilities and obligations therefore rest with the holiday home owner alone. Be Tuscany safeguards the holiday home owner's interest in connection with the completion of a tenancy. If, contrary to Be Tuscany's expectations, a tenancy cannot be completed due to reasons beyond Be Tuscany's influence, e.g. due to sale by order of the court, the holiday home owner committing a breach or the like, Be Tuscany shall be entitled to cancel the rental agreement and the rent which has already been paid by the tenant shall be refunded by Be Tuscany immediately. However, as an alternative and of Be Tuscany's own choice, Be Tuscany will be entitled to offer the tenant another, similar holiday home in the same area and at the same price.
14. Venue The venue will be the judicial district in which the holiday home is located and the legislation of the country in question shall apply.
15. Extraordinary events
15.1 If the completion of the rental term is made impossible or difficult to a significant degree due to events/ force majeure (e.g. war, natural disasters, pollution disasters, epidemics, closing of borders, traffic conditions, interruption of currency trading, strike, lockout and similar force majeure) which were not foreseeable at the time of the rental agreement, Be Tuscany and the holiday home shall be entitled to cancel the rental agreement as neither the holiday home owner nor Be Tuscany can be held liable in the above cases. In case of force majeure, Be Tuscany shall be entitled to have all paid costs which are con- nected to the cancellation of the tenancy, including booking costs, covered.
15.2 Neither the holiday home owner nor Be Tuscany can be held liable for cases of insect attacks in the holiday home or on the property, theft or the like concerning the tenant's property or the like.
16. Further information
16.1 If the tenant makes a special, written agreement with Be Tuscany which varies from the usual rental terms in one way or the other, Be Tuscany's other rental terms shall still be effective.
16.2 The holiday homes are being rented out in the order that they are being reserved.
16.3 We cannot be held responsible for photo errors and printing errors.