1. Landlord and subject matter of the contract
The landlord of the Casa Cervi holiday apartment is:
Dr. Riccardo Giunta
Email: casacervi@t-online.de
The subject matter of the contract is the temporary provision of the Casa Cervi holiday apartment for tourist purposes for the period stated in the booking confirmation.
The accommodation has three bedrooms and two bathrooms and is intended for a maximum of six persons.
Subletting or making the accommodation available to persons other than the registered guests is not permitted without the landlord's prior express consent.
2. Booking and conclusion of contract
The presentation of the accommodation on the website does not itself constitute a binding offer.
A booking enquiry is non-binding. A binding accommodation contract is concluded once the guest completes a binding booking through the online booking system and receives a booking confirmation, or the landlord confirms an individual booking enquiry in writing by email or another durable medium.
The booking confirmation states in particular the period of stay, total price, booked services and, where applicable, payment and cancellation conditions. The guest must check the confirmation promptly and report any obvious errors without delay.
3. Prices
The total price shown when the booking is concluded applies. The rental price includes the services expressly stated in the booking confirmation.
Additional costs, in particular final cleaning, additionally agreed services or other extras, will be shown before the booking is completed.
Direct-booking prices on www.casacervi.de may differ from prices on intermediary platforms such as Booking.com or Airbnb. There is no entitlement to the subsequent application of a price published on another platform.
4. Tourist tax
Any tourist or accommodation tax ('Imposta di soggiorno') levied by the Municipality of Gabicce Mare is not included in the accommodation price unless expressly stated otherwise at the time of booking.
The tax is charged at the statutory or municipal rate applicable at the time of the stay. Guests must provide the information required for its calculation. Statutory or municipal exemptions will be taken into account where the necessary evidence is provided.
5. Payment
Payment conditions are displayed before the booking is completed and are also set out in the booking confirmation. Depending on the selected rate, a deposit or full advance payment may be required.
If an agreed payment is not made when due despite a reasonable grace period, the landlord may withdraw from the contract. The agreed cancellation conditions remain unaffected.
Online payments may be processed through a payment service provider offered by the booking system, for example Stripe.
6. Cancellation by the guest
The guest may cancel the booking at any time before the stay begins. The cancellation conditions expressly displayed when the relevant booking was concluded shall apply.
- up to 60 days before arrival: free cancellation;
- 59 to 15 days before arrival: 50% of the agreed accommodation price;
- from 14 days before arrival: 100% of the agreed accommodation price;
- no-show: 100% of the agreed accommodation price.
The guest remains entitled to prove that the landlord suffered no loss or a substantially lower loss. If the accommodation can be re-let for the cancelled period, the income obtained will be taken into account when calculating the loss.
Cancellation should be made in text form. For direct bookings made via casacervi.de, please send the guest name and booking number by email to casacervi@t-online.de.
7. No statutory 14-day right of withdrawal
For accommodation booked for a specific date or period, there is generally no statutory 14-day right of withdrawal under the applicable European consumer-protection rules. Cancellation is therefore governed solely by the cancellation conditions agreed at the time of booking.
8. Changes to a booking
Changes to the travel period, number of guests or other material booking details require the landlord's consent. There is no entitlement to rebooking. Where rebooking is possible, the price applicable to the new travel period may be charged.
9. Arrival and departure
Unless otherwise stated in the booking confirmation, the following times apply:
- Check-in: 16:00 to 20:00
- Check-out: by 10:00
The expected arrival time must be communicated in good time to the landlord or the person responsible for check-in. Arrival before 16:00 or after 20:00, and later departure, are possible only with prior approval.
10. Guest registration
All overnight guests must be fully declared before or at the latest upon arrival. The guest undertakes to provide the data and identity documents required under Italian law for registration of all accompanying persons.
Unregistered additional overnight guests are not permitted. The maximum occupancy of six persons may not be exceeded without prior express written agreement.
11. House rules
Guests must treat the accommodation, furnishings, outdoor areas and other facilities with care and use them for their intended purpose.
- Smoking inside the holiday apartment is not permitted.
- Events, parties and comparable gatherings require the landlord's prior consent.
- The permitted maximum occupancy must not be exceeded.
- Quiet hours and the legitimate interests of neighbours and other residents must be respected.
- Technical equipment, air conditioning, shutters, kitchen appliances and other facilities must be used properly.
- When leaving the accommodation, guests must ensure that doors and windows are appropriately secured.
- Children and persons who cannot swim safely may not use the pool unsupervised.
- Pets are not permitted either inside the holiday apartment or on the property.
Serious or repeated breaches of the house rules may, after an unsuccessful warning, result in early termination of the stay where continuation of the contract cannot reasonably be expected of the landlord.
12. Private pool – use and liability
The holiday apartment has a private pool reserved exclusively for Casa Cervi guests and persons expressly authorised by the landlord.
Use of the pool is entirely at the guest's own risk and responsibility. By concluding the accommodation contract, the guest acknowledges that using a swimming pool involves typical risks, including slipping, falling, injury and drowning.
Each guest is responsible for assessing his or her own abilities and health suitability for use of the pool.
Children and persons who cannot swim safely may only be in or around the pool under the immediate supervision of a responsible adult. The duty of supervision remains entirely with parents, legal guardians or the responsible accompanying persons.
Diving or jumping, dangerous behaviour, running in the immediate pool area and use of the pool while significantly impaired by alcohol or drugs are prohibited.
To the extent permitted by law, the landlord excludes liability for damage, accidents or injuries arising in connection with the guest's own responsible use of the pool. This exclusion does not apply where liability cannot be excluded or limited under mandatory law, in particular in cases of intentional misconduct or gross negligence by the landlord.
The booking guest must make these pool rules known to all accompanying persons and ensure compliance.
13. Keys and locking system
Keys handed to guests must be kept safely and returned in full at check-out. Any loss of a key must be reported to the landlord immediately.
Because the key is a security key and forms part of a security-relevant locking system, loss may require replacement of the lock for security reasons.
If a key is lost due to circumstances for which the guest is responsible, a flat charge of €350.00 will be made for replacement of the lock and/or required locking components.
The guest may prove that no loss or a substantially lower loss was actually incurred. If the demonstrably necessary cost of restoring the security of the locking system exceeds €350.00, further statutory claims for damages may apply.
14. Damage and guest liability
Guests must immediately report damage or defects arising or discovered during the stay. Guests are liable in accordance with the law for damage culpably caused by them or their accompanying guests. Normal wear and tear is excluded. The landlord must be given a reasonable opportunity to remedy any reported defect.
15. Defects in the accommodation
If the accommodation or an agreed service has a significant defect, the guest must report it as soon as reasonably possible. The landlord must be given a reasonable opportunity to remedy the defect. Statutory rights of the guest in the event of non-performance or defective performance remain unaffected.
16. Unavailability of the accommodation
If the accommodation cannot be provided due to circumstances for which the landlord is responsible, amounts already paid for services not provided will be refunded. Where possible and reasonable, comparable replacement accommodation may be offered; the guest is not obliged to accept it. Further statutory rights remain unaffected. In exceptional circumstances or events outside the landlord's control, the applicable statutory rules apply.
17. Early departure
If a guest departs before the end of the booked stay, there is generally no entitlement to a refund for unused nights unless the early departure results from a material breach of contract attributable to the landlord. Income from any successful re-letting of the unused period will be taken into account.
18. Pets
Pets are not permitted in the Casa Cervi holiday apartment or anywhere on the associated property.
This applies in principle to all animal species regardless of size or duration of stay. Bringing a pet constitutes a breach of the house rules and may result in early termination of the stay if the breach is not remedied immediately.
Mandatory statutory exceptions, in particular for recognised assistance animals, remain unaffected.
19. Personal belongings
The landlord is liable for guests' personal belongings and valuables only in accordance with applicable law. Guests are requested to close doors and windows properly when leaving and to secure valuables appropriately.
20. Internet and Wi-Fi use
Wi-Fi is provided for guests. Internet access may be used only in accordance with applicable law. In particular, unlawful content may not be accessed, distributed or made publicly available, and third-party rights must not be infringed. Access credentials may not be passed to unauthorised third parties.
21. Data protection
Personal data is processed exclusively in accordance with applicable data-protection law. Details are set out in the privacy policy published on www.casacervi.de. Where necessary to perform the booking, data may be transmitted in particular to the booking system, payment service providers and, where legally required, competent authorities.
22. Bookings via external platforms
These Terms and Conditions generally apply only to direct bookings with Casa Cervi. For bookings made via Booking.com, Airbnb or other intermediary platforms, the price, payment and cancellation conditions agreed for the respective booking on that platform apply additionally or take precedence. A cancellation or amendment of a booking made through an external platform must generally be processed through that platform.
23. Applicable law
The accommodation contract is generally governed by Italian law. Mandatory consumer-protection provisions of the state in which the consumer has his or her habitual residence remain unaffected to the extent that they are mandatorily applicable under the relevant private international law rules.
24. Jurisdiction
The statutory rules on jurisdiction apply to disputes. These Terms and Conditions do not establish any jurisdiction agreement to the detriment of a consumer.
25. Contract language
The contract may be concluded in German, English or Italian. Translations are intended to have equivalent content. Mandatory consumer rights remain unaffected by any differences between language versions in an individual case.
26. Final provisions
Individual agreements between the landlord and the guest take precedence over these Terms and Conditions. If any provision of these Terms and Conditions is or becomes invalid, the validity of the remaining provisions is unaffected; the applicable statutory provisions shall apply in place of the invalid provision.