Allgemeine Bedingungen
Zur Bestätigung der Buchung ist eine Anzahlung von 25 % des Gesamtbetrages erforderlich. Der Restbetrag muss spätestens 30 Tage vor dem Anreisedatum bezahlt werden. Erfolgt die Reservierung innerhalb von 30 Tagen vor Anreise, ist die vollständige Zahlung erforderlich.
Zahlungen können per Banküberweisung unter folgenden Angaben, Kreditkarte (Visa oder Mastercard) oder mit PayPal erfolgen. Banküberweisung auf das Girokonto 163,72, ausgestellt auf Lubea Agenzia Turistica, Banca Monte dei Paschi di Siena, IBAN: IT 91 S 01030 71915 000000016372, SWIFT: PASCITM1J20
1. Bookings.
The acceptance of the bookings by the Lubea Travel agency (in the following referred to
as Lubea) is subordinate to the availability of the places.
The booking is understood accepted when Lubea issues a fax or an e-mail confirming the
items you have booked. No contract will exist between us until we have received the
required deposit(s). Voucher with driving instructions to get to the property booked will be
issued and sent by mail or e-mail upon receipt of the balance due.
2. Website Information.
All the properties on our web site are checked frequently by the Lubea staff. We have
taken the greatest care to ensure the accuracy of all information contained in this website
relating to any services advertised. Descriptions and details as on our web site, are drawn
up in good faith. In any case where further changes are not notified by the property
owners Lubea declines any responsibility but agrees to do all that is reasonably possible to
resolve any problem.
3. Payments.
a ) Booking deposit - At the booking time a deposit equal to 25% of the total price is
required.
b) Balance - The balance due must be paid 30 days before arrival.
If the balance is not received by us in full and on time, we have the right to treat your
booking as cancelled by you in which case the cancellation charges as set out in clause 7
will be payable. We accept payment by bank transfer or credit card.
4. Late bookings.
Bookings made within 30 days of arrival are deemed as late bookings. Full payment will be
due immediately and once this has been received by us, all booking conditions will apply.
Should you cancel after this point, cancellation charges as shown in clause 7 will apply.
5. Holiday documents.
The dispatch of your holiday documents are conditioned to the reception of the balance by
Lubea, in the terms scheduled from the art. 3. After the payment of all amount due, Lubea
will issue the leasing voucher with the driving instruction to get to the booked property.
The voucher is only valid for the title holder and is non-transferable.
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6. Transferability.
The Traveller that is in the impossibility to undertake the confirmed booking, could
surrender his own booking to a person that satisfies all the requested conditions for the
Tour. In this occurrence, the Traveller must inform Lubea with at least 15 days of warning
as regards to the foreseen arrival date.
Lubea won't be responsible of the missing acceptance of the new nominative by the third
parties suppliers of service(s). The Traveller surrender and the new Traveller are both
responsible for the payment of the sale of the price and for the additional resultant
expenses.
7.Cancellation by you.
You may cancel the holiday notifying us at any time prior to arrival. The following charges
apply which are payable by you depending on the date we are properly notified of the
cancellation:
a) recess prior to 31 days before arrival: no penalty;
b) recess from 30 to 21 days before arrival: 25% of total price;
c) recess from 20 to 11 days before arrival: 50% of total price;
d) recess from 10 to 4 days before arrival : 75% of total price;
e) recess in the 3 days before arrival and no show: 100% of total price;
f) no reimbursement is due to the Traveller that decide to interrupt the Tour already
initiated.
The applicable cancellation charges must be paid even if you have not at the time paid the
full cost of your holiday for whatever reason.
8. Alteration and cancellation by us.
The Traveller can cancel the booking without paying the amount for the recess as referred
to the preceding clause, in case of meaningful modification by Lubea of one of those
essential elements of the contract, that is:
a) increase of the total price of the Tour superior to 10% of the price at the confirmation
date;
b) skid of the arrival and/or departure date superior to 48 hours,
c) modification of the category of hotel in pejorative sense.
In all cases, the Traveller will be kept to communicate, within 48 hours from the reception
of the communication of modification, if he understands either practice the right of recess
or accepts the modification.
In absence of communication by the Traveller, the modification will be understood
approved.
We may occasionally have to cancel your holiday as a result of "force majeure" that is any
occurrence outside our control and which could not have been avoided with all due care.
Such events may include war or threat of war, riots, civil strife, terrorist activity, natural or
nuclear disaster, government action, adverse weather conditions and all similar events out
of our control. In this situation, we regret we cannot make any refunds, meet any costs or
expenses you may incur as a result or pay any compensation.
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9. Our responsibility.
The contracts of which to the present program are understood to be regulated from the law
n. 1084 of 27/ 12/ 1977, ratification of the international convention of Bruxelles of 23/ 04/
1970.
1) As a Tours organizer, the responsibility of Lubea towards the travellers, and their
belongings, is regulated by the laws and by the international conventions concerning the
Tour organizer responsibility and the service(s) object of the all inclusive Tour, valid at the
moment of the verified fact that has originated this responsibility. The responsibility of
Lubea cannot, in any case, exceed the scheduled limits from the applicable laws and
conventions and more particularly the limits for individual damage as specified in the
following:
2) Damages to the person of the traveller, dependent from the breach or from the bad
execution of the service(s) object of the Tour, by Lubea or by his appointees, i.e. from the
third parties lenders of service(s) during the vacation. The responsibility of Lubea for said
damages cannot, in no case, exceed the measure defined by the Convention of Bruxelles
of the 1970 (ratified with law n. 1084 - 27.12.1977).
3) Damages, loss, theft, relative to the belongings owned by the traveller (i.e. baggage),
dependent from the breach or from the bad execution of the service(s) object of the
confirmed Tour, by Lubea or by his appointees (third parties) lenders of services. The
responsibility of Lubea cannot exceed the limits of the International Conventions regarding
the service within which the harmful event has been verified and, however, the measure of
30% of the value of the Tour for each traveller.
4) Lubea won't be, in any case, responsible of the damages, of any kind, when the breach
or the bad execution of the contract is not imputable neither to his guilt, neither to the guilt
of other supplier of service(s), due to the ascertain lacks in the execution of the contract,
that:
- are imputable to the Traveller;
- are imputable to a third party extraneous to the supply of the service(s) and present an
unpredictable or insurmountable character;
- are due to causes of "force majeure" or to an event that Lubea or the supplier of the
service(s) in question, could not, even with all due care, foresee or avoid.
5) Lubea won't be in no case responsible of the damages:
- consequent to the omission, by the Traveller, of recommendations or instructions of
Lubea or of the tourist guide on site.
- due to services furnished by third parties and not mentioned at the moment of the
confirmation of the booking;
- due to autonomous initiatives of the traveller.
10. Properties.
All services and facilities offered by us are subject to the standard terms and conditions of
the Supplier and are incorporated into our contract with you. A security deposit will be
requested to you on arrival at any villa/apartment and payable to the key holder or Owner.
The amount of this deposit will be shown on the confirmation invoice.
You are responsible for ensuring that any villas/apartments provided are left upon
departure in the same conditions of cleanliness and repair as upon arrival. Any loss or
damage caused by you will be deducted by the Owner from your breakage deposit.
Property Owners reserve the right to refuse admittance if the number of persons arriving
exceeds the number on the booking form and voucher or the maximum sleeping places as
detailed in the web site.
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Any change of persons made during the lease is forbidden unless previously agreed by
Lubea. Failure to observe the above terms may lead to the owner of the accommodation
let refusing initial access to the property. In addition, if the owner breaches the above
terms during the term of the lease the property owner has the right to deny further access
to the property.
Where a property offers a price for varying numbers, empty bedrooms will be closed.
11. Complaints.
Any complaints must be notified to Lubea and to the Agent where the booking was made,
within 48 (forty eight) hours from arrival. Complaints not advised within the above time
limits will not be considered valid and clients will lose the right to any compensation. In any
case where Lubea agrees to help resolve any complaint the client must allow sufficient
time to resolve the problem. Should the client leave the property for whatever reason
without notifying the claims of whatever nature or without waiting the intervention of Lubea
shall be considered null and will lose the right to any compensation. In the unlikely event
that you are still not satisfied upon your return from your holiday, you must write us giving
full details within 10 days. Lubea will not accept as causes for complaint weather
conditions, stings or presence of insects, lack of water or electricity, work in progress, etc.,
if these depend on state-run organizations.
12. Rates.
The rates quoted are based on the course changes and most of them refer to one week
holiday (usually from Saturday to Saturday). Each property has its own specific price list
and is updated every year. On the price lists is indicated what is included and not included
in the weekly rate.
13. Valid documents for the expatriation.
It will be care of the customer to provide for the regulation of all the valid documents for the
expatriation. Lubea declines each penal and moral responsibility for lack of valid
documents for the expatriation and inaccuracies of the same.
14. Law and jurisdiction.
Your contract with us is governed by Italian Law and to the exclusive jurisdiction of the
Italian Courts.
For each controversy will be competent the Hole of Siena.
15. Insurance.
Lubea has of all the compulsory insurance provided by the EU and implemented by the
various member states, as well as by Italian laws and the Tuscany Region, in the field of
tourism (business risk, bankruptcy, insolvency, damage to customers, etc.).
16. Administrative authorization.
Authorization of the Province of Siena n. 91 dated August 1999
17. Mandatory notice.
Italian laws punish the crimes inherent to the prostitution and to the juvenile pornography
with the punishment of the imprisonment, also if it has been committed in the foreign
countries as per Law n°269, 3 august 1998, art. 16
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19) RIGHT OF PRIVACY:
For a valid booking, Agenzia Lubea needs some personal information from the client.
Agenzia Lubea is responsible for managing these dates as per the D. LGS. 196/2003
(Italian Law) and will save this personal information in an independent database. These
data will be used by Lubea only to valid the booking and to communicate with the client
for the present and the future. In any case this personal information will not be forwarded
to any other third parties (the only exceptions are in case of contract and Italian law
obligation). In any case, the client has the right to be informed and to oppose to the use of
this personal information as per the art. 7 of the above mentioned D. LGS. 196/2003.