Booking terms and conditions
These terms and conditions (the “Booking Contract”) are between and shall bind the property owner or manager (being Villa Monti S.R.L. società unipersonale headquartered in Via Roma 9, Varenna, 23829, LC, Italy “Villa Monti”) and the holidaymaker(s) who book (“Booking”) our property (the “Property”) through Villa Monti website (the “Website”). References to “you” or “your” are references to the person making the booking and all members of his holiday group or family.
Any Booking is subject to the Booking Contract. This Booking Contract and our confirmation email contain the entire agreement between us and you and forms the basis of your agreement with Villa Monti: please read them carefully.
Making your Booking
A Booking can be made by you using the booking form on the Website which helps you to
-select an apartment of Villa Monti
-select a check-in date (if available) and a check-out date (if available).
-obtain a quote for your selection
-select a method of payment
-complete an online payment through a third party payment processor
-obtain a confirmation of your Booking
The Booking shall be made and this Booking Contract shall be effective once the booking fee and the Initial Deposit (as defined below) or full payment has been received in full by Villa Monti and you have received an email from us confirming the Booking and including the Cancellation Policy (as defined below);
You should carefully check the details of your Booking before submitting it or submitted to Villa Monti and/or inform us immediately of any errors or omissions.
Upon arrival at Villa Monti you shall be required to pay a damage deposit (the “Damage Deposit”) of 200€ (Two-hundreds Euros) .
The Damage Deposit may be used for any repair and/or replacement of the Property, furnishings, fixtures and fittings that are necessary after your stay. We will return the Damage Deposit to you following the return of the keys to us, less any deductions in accordance with the conditions listed above.
Paying for your Booking
The payment processing service used by Villa Monti on its Website booking form is powered by a third party online payment processing service (Stripe.com). Our booking form powered by Stripe.com can accept all major credit cards as payment method. Iinformation about your credit card and your payments will be stored on Stripe.com
Advance bookings (more than 60 days before check-in): at the time of booking you will be billed for the total amount of your booking but we will charge on your credit card an Initial Deposit of 35% of the total and we will charge the remaining 65% balance 60 days before arrival.
Failure to pay the 65% balance when due will result in cancellation of your booking with no refund of the initial deposit (before cancelling your booking we will send you by email a final notice to pay the 65% balance withing 5 days).
Standard bookings (less than 60 days before check-in): at the time of booking you will be billed for the total amount of your booking and we will charge on your credit card the Full 100% payment for your stay.
If you need to cancel your Booking you must write to us or email us (send your cancellation request to: email@example.com) us as soon as possible. Villa Monti will refund any amounts due to you in accordance with the agreed Cancellation Policy described below:
-For a 100% refund (less credit card processing charges or wire transfer charges), cancellation must be made 110 full days prior to the day of check in.
For all reservations made after March 20,2020 cancellation must be made 120 full days prior to the day of check in in order to receive a 100% refund.
- For a 65% refund, cancellation must be made 60 full days prior prior to the day of check in.
For all reservations made after March 20,2020 cancellation must be made 90 full days prior to the day of check in in order to receive a 65% refund.
- If the guest cancels less than 60 days in advance, the nights not spent are not refunded. If guest arrives and decides to leave early, the nights not spent are not refunded. In the event that you do not arrive at the property within 24 hours of your arrival time without notifying us, then we shall be entitled to treat your Booking as being cancelled by you and the Cancellation Policy shall apply. Cleaning fees are always refunded if the guest did not check in.
Villa Monti would not expect to have to make any changes to your Booking once it is agreed between you and us, but sometimes problems occur and we do have to make alterations or, very occasionally cancel Bookings. If this does happen, we will contact you as soon as is reasonably practical and inform you of the cancellation or the change to your Booking. If we cancel your Booking, Villa Monti will refund you any fees you have already paid, however, we will not be liable to refund you for any fees you may have paid to any third party in connection with your holiday (including, without limitation, fees for travel, entertainment, activities or insurance).
-You can arrive at the Property after the time specified by Villa Monti on the Arrival Date for your holiday (Check-in starts at 2 p.m. local time) and you must leave by the time specified by Villa Monti on the departure date (Check-out must be completed before 11 a.m. local time) .
If your arrival will be delayed, you must contact the person whose details are given on the booking confirmation email so that alternative arrangements can be made. If you fail to do so you may not be able to gain access to the Property. If you fail to arrive by midday on the day after the Arrival Date and you do not advise the contact of your anticipated late arrival we may treat the Booking as having been cancelled by you and we shall be under no obligation to refund you. Please see the Cancellation Policy for further details.
-You agree to comply with the regulations set out in any property manual at the Property and any other regulations reasonably specified by Villa Monti from time to time and ensure that they are observed by all members of your party.
-You agree to keep and leave the Property and the furnishings, including items such as kitchen equipment, crockery and glasses clean and in good condition.
-You agree not to cause any damage to the walls, doors, windows or any other part of the Property nor to do anything that may be reasonably considered to cause a nuisance or annoyance to us or to any other occupier of adjoining or neighbouring properties.
-You agree to take all necessary steps to safeguard your personal property while at the Property, Villa Monti is not responsible for your property.
-You cannot allow more people to stay in the Property than expressly authorized, nor can you significantly change the makeup of the party during your stay in the Property, nor can you take your pet into the Property unless permitted by us in writing in advance. If you do so, we can refuse to hand over the Property to you, or can require you to leave it. We will treat any of these circumstances as a cancellation of the Booking by you and we shall be under no obligation to refund you for any fees already paid to us in those circumstances. Any refund will be at our sole discretion.
-You agree to allow us or any representative of ours access to the Property at any reasonable time during your stay for the purpose of essential repairs, in an emergency or to ensure you are complying with this Booking Contract.
-You agree to provide Villa Monti with a copy of your identification documents upon arrival: Villa Monti must comply with the Italian law D.M. 7-1-2013 requiring all hotel and non-hotel structures hosting foreign guests to identify them by documents of identity upon arrival and to transmit such identity data to the Police authority. Without proper identification the check-in process cannot be completed.
-You agree that no smoking is allowed inside the apartments
-You agree that no pets are allowed inside the apartments and in the garden
-You agree no access to the swimming pool is allowed without prior written approval of its rules and you agree to comply with this rules when you stay in the swimming pool area of the garden during the opening hours of the swimming pool.
-Villa Monti strongly recommends that each member of your party is covered by comprehensive travel insurance (including cancellation, flight delays, loss and damage to baggage and other property) and health insurance (including evacuation and repatriation coverage).
Villa Monti is committed to ensure that you have an enjoyable and memorable holiday. If however, you have any cause for complaint it is important that remedial action is taken as soon as possible. It is essential that you contact Villa Monti if any problem arises so that it can be speedily resolved. It is often extremely difficult (and sometimes impossible) to resolve problems properly unless we are promptly notified. Discussion of any criticisms with us whilst you are in residence at the Property will usually enable any shortcomings to be rectified straightaway. In particular, complaints of a transient nature (for example, regarding preparation or heating of the Property) cannot possibly be investigated unless registered whilst you are in residence at the Property. If any complaint cannot be resolved during your holiday, you must write to us or email us with full details within 28 days of the end of your Booking.
Limit of Liability
Our maximum liability for losses you suffer as a result of us acting in breach of this Booking Contract is strictly limited to the amounts received by us in relation to your Booking. We shall not be liable for any losses which are not a foreseeable consequence of us breaching this Booking Contract. Losses are foreseeable where they could be contemplated by you and us at the time your Booking is confirmed by us.
Your Booking is made as a consumer for the purpose of a holiday and you acknowledge that we will not be liable for any business losses howsoever suffered or incurred by you.
This does not exclude or limit in any way our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation; or for any matter for which it would be illegal for us to exclude or limit, or attempt to exclude or limit, our liability.
Law and Jurisdiction
This Booking Contract (including any non-contractual obligations arising under or in relation to this Booking Contract) between you and us is governed by the law of Italy and we both agree that any dispute, matter or other issue which arises between us will be exclusively dealt with by the Courts of Lecco.
You may not transfer your Booking or any rights and responsibilities under this Booking Contract to any other person, without our prior written consent.
If at any time any part of this Booking Contract is held to be unenforceable for any reason under any applicable law, that part shall be deemed omitted and the enforceability of the remaining parts shall not in any way be affected by that omission.
This Booking Contract, together with the Cancellation Policy and our confirmation email contain the entire agreement between us and you relating to the Booking and shall supersede any previous agreements, arrangements or discussions between you and us, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between you and us prior to receiving the confirmation email except as expressly stated in this Booking Contract. Neither you nor us shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into this Booking Contract (unless such untrue statement was made fraudulently) and that party’s only remedy shall be for breach of contract as provided in this Booking Contract. We will not be in breach of this Booking Contract, or otherwise liable for any failure or delay in performance, arising from any circumstances beyond our reasonable control including, without limitation, flood, fire, explosion or accident
Written Form: according to the Italian Law: art. 1.4 Law n. 431/1998 you might be asked to sign a written copy of this Contract upon arrival at Villa Monti.
Privacy and online safety are important to Villa Monti: we will process your personal data only if you have given your consent to the processing or if it strictly necessary for the performance of your booking contract with us, in addition to that we will process your data only for compliance with our legal obligations.
Controller of the data is Villa Monti S.R.L. of via Roma n. 9/11, 23829, Varenna (LC), Italy .
The controller of the data can be contacted by email at firstname.lastname@example.org
1.0 - PERSONAL INFORMATION THAT THIS WEBSITE COLLECTS AND WHY WE COLLECT IT
Processing of your personal data from our website is essential to our ability to provide our services and to fulfill our contract obligations for your bookings. We collect your Personal Data through our website only in 2 ways ( depending on how our services are used):
1.1 Contact form: should you choose to contact us using the “contact form” on the “Contact us” page of our website you will be asked to provide us only with your name and with your email address because this is absolutely necessary for us in order to answer to your information request. Requesting information about our accomodation service is often a preliminary step that our visitors take before entering a booking contract with us and we are happy to do our best to provide them with all the information they might need to take an informed decision about booking our accomodation services. The personal data that we ask you to supply through our “Contact form” is only the essential one (your name and email address) that we need in order to reply to your information request: we will store your name and email-address in our cloud Content Management System (CMS) which is provided to us by Wix.com. The retention period for the data you send us through our Contact Form is 6 months: that is the average time frame needed for planning and booking a vacation. After a 6 months retention period all the names and email addresses stored in our CMS are deleted with the deletion tools provided by our CMS. We use your data only to reply to your information request: we never share your data with third parties and we never use it to send marketing material or any other unsollicited content. From our CMS your data (name and email address) will be collated into an email and sent to us over the Simple Mail Transfer Protocol (SMTP). Our SMTP servers are protected by TLS (sometimes known as SSL) meaning that the email content is encrypted using SHA-2, 256-bit cryptography before being sent across the internet.
By contacting us anytime during the 6 months retention period at email@example.com with regard to your personal data retained in our CMS you can ask us a copy of your the personal data, you can ask us rectification of inaccurate personal data and you can ask permanent erasure of your personal data. We shall confirm any rectification or erasure of personal data within 7 business days from your request.
We consider our CMS supplier Wix.com to be a third party data processor.
1.2 Booking form: should you choose to book our accomodation services for your vaction, you will enter a booking contract with us through our “Booking Form” and by so doing you will provide us with personal data and information: we require only the personal data that are absolutely necessary for us in order to complete the booking agreement with you and we ask your consent to store and proces it through the booking process.
Our Booking form requires the following personal data:
Name and Surname (needed to identify you)
Billing address (needed to produce an invoice in your name)
Telephone number and e-mail (needed to contact you and to send you information about your booking)
Credit card data (needed to process the payment for your booking)
Our Website uses an HTTPS transfer protocol to transfer information in a secure and encrypted way to protect your data against “man in the middle” attacks when it travels from our Website to our Property Management System (PMS). Our PMS is a cloud based software that facilitates the manangement of our property and handling of the reservations made online on our Website. The name of our PMS is Sirvoy.com, it is a service provided to us by Sirvoy Ltd registered in Ireland: Sirvoy is GDPR (General Data Protection Regulation) compliant and we consider it to be a third party data processor.
We do not use our PMS to produce the invoices related to your bookings, to do that we rely on a cloud content management system (CMS) called Google.com provided to us by Google Inc. which is based in the USA , it is EU-U.S Privacy Shield compliant and GDPR compliant. We copy some of your personal data (only name , surname and billing address) from our PMS to our Google CMS to produce our invoices.
The personal data you provided us with through our “booking form” is stored on our Sirvoy.com PMS and on our Google.com CMS with a retention period of 18 months after your check-out date.
By contacting us anytime during the 18 months retention period at firstname.lastname@example.org with regard to your personal data retained in our CMS and PMS you can ask us a copy of your the personal data, you can ask us rectification of inaccurate personal data and you can ask permanent erasure of your personal data as long as it is no longer necessary for the fulfillment of our contract or legal obligations. We shall confirm any rectification or erasure of personal data within 7 business days from your request.
Villa Monti is PCI (Payment Card Industry) compliant, the integration of our PMS with Sirvoy.com is PCI compliant and Stripe has been audited by a PCI-certified auditor and is certified to PCI Service Provider Level 1 (the most stringent level of certification available in the payments industry). In the section below we explain our carholder data handling, retention and disposal policy.
2.0 – CARHOLDER DATA HANDLING, RETENTION AND DISPOSAL POLICY
This section describes the policies for cardholder data (CHD) at Villa Monti, CHD consists of the following data:
The PAN, which is the 15- or 16-digit number on the front of credit and debit cards.
The cardholder name, expiration date, and/or service code are also considered CHD when they are stored with a PAN.
Card verification codes (three- or four-digit card-verification code or value printed on the front of the card or the signature panel)
CHD are encypted while in transit between our “booking form” and our PMS and while in transit between our PMS and our credit card processor Stripe.com , we never send or ask to send PAN by way of not secured and not encrypted communication tools such as emails or chat or istant message.
Villa Monti does not hold directly any CHD:
CHD are transmitted via our “booking form” to our PMS by Sirvoy where they rest: CHD is made unreadable when resting in our PMS by encryption and it is retained on our PMS for no longer than 18 months and later it is automatically deleted in a secure way by Sirvoy.com
CHD are transmitted form our PMS to our credit card processor stripe.com where they rest: CHD is made unreadable when resting on Sirvoy.com by encryption and it is retained there for no longer than 18 months and later it is deleted by us using the deletion tool provided by Stripe.com.
In both Sirvoy.com and Stripe.com PAN are masked with only the last 4 digit visible when accessed by our personell to make a charge or a refund.
A 18 months retention period allows for the fulfillment of our legitimate business needs: sometimes our guests book their vacation 1 year or more in advance and we need to retain their CHD while waiting for an authorization up to 18 months from the time of booking to the time of refund or charge of a security deposit after check-out.
By contacting us anytime during the 18 months retention period at email@example.com with regard to your CHD retained in our PMS or on our Sirvoy.com control panel you can ask us permanent erasure of CHD data as long as it is no longer necessary for the fulfillment of our contract or legal obligations. We shall confirm any rectification or erasure of personal data within 7 business days from your request. Please note that Stripe.com may retain your personal data transmitted from our PMS to process your payment for the period necessary to fulfill it obbligations including to ensure that transactions can be appropriately processed, settled, refunded or charged-back, to help identify fraud and to comply with anti-money laundering and other laws and rules that apply to Stripe.com
3.0 - OUR THIRD PARTY DATA PROCESSORS
We use a number of third parties to process personal data on our behalf as we described in the sections above. These third parties have been carefully chosen and all of them comply with the legislation set out in section 2.0. based in the USA and are EU-U.S Privacy Shield compliant.
Google.com - based in the USA - EU-U.S Privacy Shield compliant – GDPR compliant
Wix.com - based in Israel - adheres to the Safe Harbor Privacy Principles developed by the U.S. Department of Commerce and the European Union (EU) – GDPR compliant
Stripe.com - based in the USA - EU-U.S Privacy Shield compliant – GDPR compliant
Sirvoy.com - based in Ireland - GDPR compliant
4.0 – DATA BREACHES
We will report any unlawful data breach of this website’s database or the database(s) of any of our third party data processors to any and all relevant persons and authorities within 72 hours of the breach if it is apparent that personal data stored in an identifiable manner has been stolen.
5.0 – COOKIES
Our Website use cookie: we ask our visitors if they agree to the placement of cookies before they start to use our website when they visit it for the first time.
All the cookies used by our website can be erased by the users through their web browser privacy tools.
The cookies used by our Website, their duration and purpose are described here:
5.1 Like most websites, our site uses Google Analytics (GA) to track user interaction. GA uses cookie to track site visitation metrics and we use this data to determine the number of people using our site, to better understand how they find and use our web pages and to see their journey through the website. Although GA records data such as your geographical location, device, internet browser and operating system, none of this information personally identifies you to us. GA also records your computer’s IP address which could be used to personally identify you but Google do not grant us access to this. Retention period by GA for data you send that is associated with is set to 14 months. Our website uses the analytics.js implementation of GA.
We consider Google to be a third party data processor.
5.2 Our website uses a persistent cookie called “svSession” with a retention period of 2 years, it is used to track visitors’ behaviour as they move around the website: this data is used to try and understand what people do and don't like about a site so it can be improved. The information collected by this cookie is anonymous and it and is separate from any personally identifiable information that you may submit via this site. “svSession” is a general cookie implemented by Wix.com in all the websites developed through the Wix.com platform.
We consider Wix.com to be a third party data processor.
5.3 Our website uses also some session (Transient) cookies called “XSRF” and “HS” which are erased when you close your browser and do not collect information from your computer. They typically store anonymous Information in the form of a session identification that does not personally identiy the user. These transient cookies are a general cookie implemented by Wix.com for security purpose in all the websites developed through the Wix.com platform.
We consider Wix.com to be a third party data processor.
Our Website is hosted by Wix.com, as user of our Website your personal data collected in the manners described in this paragraph may be maintained, processed and stored by Wix in the United States or other jurisdictions. Wix is based in Israel, which is considered by the European Commission to be a country which offers an adequate level of protection for EU data. Wix adheres to the Safe Harbor Privacy Principles developed by the U.S. Department of Commerce and the European Union (EU). The Safe Harbor Privacy Principles are intended to provide equivalent protections for personal data as those existing in the EU. For more information about the Safe Harbor Privacy Principles and to view our certification, visit the U.S. Department of Commerce's Safe Harbor website at http://export.gov/safeharbor/. We consider our website host Wix.com to be a third party data processor.
All traffic (transferral of files) between this website and your browser is encrypted and delivered over a HTTPs protol.