Agriturismo La Chiusa Tuscany

1. PARTIES 
1.1 These Guest Terms shall be made between: (a) Cloudbeds,incorporated and registered in Ireland (“MCRSL”) which company acts as bookingentity by which your reservation is made; (b) The hotel in which the Guest stays,visits or uses hotel facilities, details of such entity being available fromour website, front desk, guest registration card or hotel generally (“Hotel”).The Hotel is incorporated and registered in Siena, Italy; and (c) theindividual or corporate party booking the reservation and/or completing theregistration card (“Guest”).  1.2 TheGuest shall act as agent for other guests (if any) in the party (“Group”) andby booking with MCRSL and the Hotel and completing and signing the guest registrationcard the Guest confirms he/she has authority from the Group to act on itsbehalf and in so doing individual members of the Group contract with MCRSL andthe Hotel on these terms.  1.3 MCRSL actsas an agent on behalf of the Hotel (and/or the owner of the property ifdifferent) at which the reservation is made and as indicated on the front ofthe guest registration card in clause 6, 7 and 8.2, for all other clauses MCRSLacts as principal to this Agreement.  1.4The reservation shall be subject to the Guest Terms and any additional bookingterms which have been notified to the Guest at the time of booking (“BookingTerms”). In case of conflict, these Guest Terms prevail over any Booking Terms savefor any expressly amended, authorized, and agreed cancellation rights and paymentterms including but not limited to wholesale contracts, meeting and eventcontracts, corporate rates and online travel agency agreements.  No changes to these Guest Terms is permittedwithout the express written consent of MCRSL and La Chiusa.   

2. RESERVATIONS 
2.1 Guest may check in from 2:00pm on the day of arrival.Check out time is 10:00AM.2.2 Reservations cannot be applied to alternativedates, nor extended or reduced without prior agreement with MCRSL. Room typesand facilities are specified in the Booking Terms.2.3 Guest reservations willbe retained by MCRSL until 2:00 pm on the arrival date and may be cancelled thereafterby MCRSL without further liability on MCRSL’s part unless MCRSL has agreedotherwise in writing or where MCRSL has received advanced payment of the fullamount chargeable for the reservation.2.4 MCRSL reserves the right, at its solediscretion, to release any reservation at any time without charge, penalty,loss or damage if it believes that the guest is unfit to stay in the Hotel.Unfit can mean being drunk, disorderly, abusive, aggressive, or impolite orcausing a danger to other guests, Hotel employees and contractors.2.5 If MCRSLfails to have a room available for a Guest whose reservation has not beencancelled or released in accordance with these Guest Terms, MCRSL will providea room in another hotel of similar standard on the same terms and conditionsfor the first night of the reservation. MCRSL will (i) provide a taxi from theHotel to the replacement hotel and, where applicable, a taxi for the returnjourney; and(ii) provide the Guest the facilities to make a telephone call toexplain the new arrangements.2.6 Reservations are personal to the Guest andcannot be resold or transferred without the express written permission ofMCRSL.2.7 Please telephone the Hotel directly to make a Group Booking.
 
3. CANCELLATIONS
 3.1 Reservations may be cancelled by the Guest up to 2:00 pmon the day of arrival without charge unless stated otherwise in your BookingTerms and where the Guest has not checked in to the Hotel.3.2 Cancellations arevalid where made by the Guest in writing to the Hotel and must contain thedetails of the reservation that needs to be cancelled including the Guest’sname, address and any reservation number.3.3 A reservation which has not beencancelled by the Guest in accordance with these Guest Terms and where a Guestdoes not show up will be cancelled by MCRSL for any subsequent days and a chargemade equal to the value of the first night stay.3.4 MCRSL reserves the right tocancel the reservation at any time where: (a) the Guest’s use of the Hotel may,in the reasonable opinion of MCRSL, be prejudicial to the reputation of MCRSLor La Chiusa; or  (b) the reasonableopinion of MCRSL, a reservation was made fraudulently or in violation of theseGuest Terms or any other terms applicable to Guest’s reservation.   Any refund payable in such circumstances is at the solediscretion of MCRSL and is subject to any claim for damages under clause 8.8. Tominimize the risk of cancellation under this clause, Guests are advised todiscuss any contentious or controversial purposes of their reservation withMCRSL prior to booking.   

4. CHARGES 
4.1 MCRSL will charge the Guest the tariff specified in theBooking Terms. Breakfast is included where specified in the Booking Terms, allother meals and room service are notincluded.4.2 Payment is required in advanceor upon check-in for the estimated charges for the number of room nights and numberof breakfasts. MCRSL reserves the right to refuse entry to the Guest until suchpre-payment is received.  Should thepre-payment exceed the total charges, MCRSL will refund the balance to theGuest on departure, using the same payment method.4.3 MCRSL reserves the rightto demand payment of amounts accruing to a Guest’s account at any time and to precludethe Guest from continuing to occupy the Hotel should this demand not be met.4.4Should the Guest fail to pay his/her account on demand, MCRSL reserves theright to remove the Guest’s property from the Hotel and to store the same untilthe account has been paid; for which MCRSL may charge the Guest reasonablestorage and administrative costs. MCRSL has a lien on the Guest’s propertywhich it may sell to pay the account and shall refund the balance, if any, tothe Guest. The Guest shall indemnify MCRSL for any losses suffered by way of aGuest failing to pay their account. Any continued reservation is contingentupon the Guest’s pre-payment in cleared funds.4.5 MCRSL may, at its discretion,use accredited travel agents for specific services and invoice the travel agentconcerned for these services. MCRSL reserves the right to refuse to accept anyvouchers from travel agents at its sole discretion. MCRSL will not disclose anyrates that have been agreed with travel agents for the services provided.Travel agents may not disclose the confidential rates agreed with MCRSL.4.6MCRSL may, at its sole discretion, agree to grant credit to a Guest duringtheir stay and reserves the right to demand payment at any time from the Guestfor any balance accruing. Payment of credit accounts must be made within 14days of departure of the Guest or such other shorter period that has beennotified to the Guest in advance. Should there be a dispute as to the account,the non-disputed amount shall be paid immediately and as soon as the disputehas been resolved, the disputed amount shall be paid forthwith.   

5. CONDITIONS ON WHICH A GUEST MAY OCCUPY A ROOM
 5.1 Subject to these Guest Terms, the Guests shall occupythe room as bare licensee only and no relationship of landlord and tenant shallbe created by the Guest’s use of the room. The Hotel retains control,possession and management of the room and the Guest agrees that s/he shall nothave exclusive possession of any room. The Hotel may in its absolute discretionmove the Guest and/or allow Hotel employees access to service, repair, tidy andclean the room from time to time.5.2 It is a condition precedent that the Guestmay only occupy the room following check-in where s/he has: (i)completed andsigned the guest registration card; (ii) provided identification; and (iii)provided advanced payment. Only those Guests to whom a room is allocated mayoccupy the room. Guests are not permitted to resell or transfer their booking.MCRSL and the Hotel will use reasonable endeavors to ensure a room is availablefor occupation by the Guest at the stated check in time.5.3 During occupancy ofthe room and while on the  Hotel premisesthe Guests will not:(a) make excessive noise;(b) damage or remove Hotel property,whether in the room or on any part of the premises. Any damage or removal willbe paid for by the Guest and amounts to be paid shall at the sole discretion ofthe Hotel;(c) leave the room in a disorderly state or such state as will causedistress to the cleaners;(d) use any electrical appliance, other than thosesupplied or approved by the Hotel, in particular electric water heaters,cooking devices, any equipment greater than 3 kWh or, where stated, greaterthan the kilowatts stated on any particular socket;(e) smoke in any room or on Hotelpremises except in designated smoking areas;(f) park a car or other vehicle otherwisethan as agreed by the Hotel or cause obstruction around the Hotel;(g) bring orallow into the room any person other those allocated to the room, particularlyafter 9:00 pm, and will cooperate with the Hotel in having such personsremoved;(h) enter or occupy any room which has not been allocated to them orobstruct any common parts of the Hotel;(i) interfere with other guests, theirproperty or their enjoyment and peaceful stay at the Hotel;(j) bring into theHotel any animal or pet other than Dogs;(k) do or permit anything which isillegal or which may become a nuisance including the infringement of any thirdparty intellectual property rights in particular whilst using the Hotel’s internetconnection; and(l) comply with health and safety and fire regulations displayedin the Hotel.5.4 During the stay the Guest will produce identification, by wayof the room card issued at the time of registration, as evidence of Guest’soccupancy at the Hotel should it be required in the Hotel restaurants, othersales areas and at any time on the Hotel’s premises in the interests of safetyand security.5.5 Upon check-out the Guest will notify the Hotel reception deskof departure and pay all outstanding charges that are due.   

6. CAR PARKING TERMS (where applicable)
 6.1 Subject to this clause and upon request by the Guest,the Hotel permits the Guest to use such car park space as the Hotel may in itssole discretion allot to the Guest (“Space”) for the duration of the Guest’sstay or visit to the Hotel. The Guest may only occupy the Space once therequired details have been completed on the guest registration card.6.2 TheGuest acknowledges that occupation of the Space by the Guest is as a barelicensee only and no relationship of landlord and tenant shall be created bythe Guest’s use of the Space. The Guest also agrees that s/he shall not haveexclusive possession of any Space.  TheHotel may in its absolute discretion request the car is moved by the Guest forexample to perform repairs and clean the Space.6.3 Cars are parked at the Guest’sown risk and the Hotel cannot guarantee the security of your car or its contents.Guests are advised to ensure cars are locked securely, that all windows aresecurely closed, and possessions left out of sight and that the car’s alarm isengaged. Please contact the Hotel prior to booking to determine any height, orother, restrictions.6.4 Hotel reserves the right to move the vehicle to suchextent as the Hotel may in Hotel’s discretion think necessary to avoidobstruction or the more efficient arrangement of its parking facilities at thecar park. MCRSL and/or Hotel will only accept liability to the extent it isproved to be caused by the negligence, willful act, default, or breach of MCRSLand/or Hotel. MCRSL and Hotel shall not be liable for loss or damage to thevehicle arising from mechanical, structural, or electrical failure of any partof your vehicle, including damages to windscreen, mirrors and tires where suchliability is outside of the control of MCRSL or Hotel.6.5 Charges and disposalof vehicles:(a) Payment is required immediately prior to check-out of the Spaceby the Guest. The Hotel reserves the right to refuse to permit the Guest tooccupy the Space until prepayment is received. MCRSL and the Hotel reserve theright to demand payment of amounts accruing to a Guest’s account at any timeand to preclude the Guest from continuing to occupy the Space should thisdemand not be met.(b) Should the Guest fail to pay his/her account on demand,the Hotel reserves the right procure removal of the guest’s car from the carpark by a lawful authority for which MCRSL may charge  the Guest reasonable removal andadministrative costs. Cars parked otherwise than in a designated space may betowed away by a lawful authority without notice.  Guests will be charged for recovery. (c) TheGuest must notify the Hotel in writing if s/he intends to leave his/her vehiclein the car park for more than 28 days. The Hotel reserves the right to procureremoval of any car by a lawful authority which the Hotel reasonably believes tohave been abandoned and shall be entitled to regard as abandoned any car whichhas been in the car park for more than 28 days without prior notification.6.6The Guest shall:(a) drive carefully in the Hotel car park and not obstructentrances or exits and obey signs, including parking in bays to whichentitled;(b) not make any alteration to the space nor cause any damage to theHotel or to any property of the Hotel owners. Any damage caused shall beimmediately reported to the Hotel and damages caused to another vehicle shouldbe reported by the Guest to the owner of the vehicle;(c) ensure his/her car is registered,has a valid vehicle tax disc, has a current certificate (where required), isinsured, is roadworthy and complies with all relevant laws;(d) not display any advertisement,or notices at the Space and not conduct any business activity in the car parkfor example in connection with selling, hiring or other disposal of vehicles orgoods or services;(e) not cause any nuisance or inconvenience, deposit rubbishother than in proper receptacles nor pour or transfer fuels within the carpark;(f) ensure that all security barriers or gates at the entrances to andexits from the car park are operated correctly and closed after use and/or toreturn to the Hotel any keys or control cards to any security barriers or gatesto the car park when this license ends; and(g) agree that for safety reasonsno-one is entitled to remain in the car park except for the purposes of parkingor removing cars.   

7. TERMINATION 
7.1 This Agreement and any licenses granted within shall endon the earlier of:(a) the date and time upon which the Guest checks out of theHotel, finishes the use of the allotted car parking, or otherwise the Hotelservices ordinarily cease; and(b) MCRSL and/or the Hotel, giving notice oftermination with immediate effect if the Guest breaches any of the GuestTerms.7.2 Termination is without prejudice to the rights of either party inconnection with any prior breach of these Guest Terms.   

8. LIMITATION OF LIABILITY and DISCLAIMERS
 8.1 Guests are advised to be adequately insured, vigilantand take reasonable care over their property generally and especially in spacesaccessible to the public as MCRSL and the Hotel are not responsible for theft,loss or damage caused by third parties outside their control.8.2 For Guestsbooking Hotel sleeping accommodation: While the Hotel will make all reasonable efforts to protectthe property of the Guests, attention is drawn to the Hotel Proprietors Act1956 (“Act”) (a copy of which is displayed in the Hotel) and to the provisionsof this clause. The Act limits the Hotel’s liability in certain circumstancesfor theft, loss, or damage to the property of the Guests up to £750 per itemand £1500 per guest in total in London, and elsewhere to £50 per item and £100per guest, if Guest property is not given to a member of Hotel staff and areceipt issued. Please note this does not apply to cars or any belongings leftin the car.8.3 For all Guests: Subject to the provisions of the Act (where applicable), theHotel’s and MCRSL’s liability to the Guest whether in contract, tort (includingnegligence)or otherwise arising in connection with this Agreement shall belimited to £50per item and an aggregate of £250 per guest, such amount theGuest agreeing is fair and reasonable given the value of the booking and theGuest’s ability to procure travel or other insurance.8.4 In no event shall theHotel and MCRSL be liable for any loss of profit, revenue, anticipated saving, businessopportunity, goodwill, corruption of data, damage resulting from third partyclaims or indirect or consequential losses. The Guest agrees the booking chargesreflect that the risk of such loss lies with the Guest which is fair, reasonableand proportionate given the charges billed.8.5 For the avoidance of doubt, theHotel and/or MCRSL do not accept any liability for theft, loss or damage causedto any vehicle or its contents whilst parked on any Hotel property and as suchany vehicles and contents are left entirely at the Guest’s risk.8.6 Food servedat the Hotel may contain specific allergens. In compliance with applicable foodlaws and regulations (including, without limitation, food labellingrequirements), the Hotel will provide specific allergen information regardingfood it serves upon request and, with reasonable prior notice, use reasonable endeavorsto adjust such food to accommodate particular dietary requirements requested bythe Guest. It is the Guest’s responsibility to notify the Hotel of any dietary requirementsand, subject to applicable law, any food served by the Hotel is consumed at theGuest’s own risk.8.7 A 250 Euro fee shall be charged for smoking in guest roomsas this is not permitted, except for in designated smoking rooms.8.8 The Guestshall keep the Hotel and/or MCRSL indemnified in full against all direct,indirect, or consequential liabilities, loss, damages, injury, costs andexpenses awarded against, or incurred or paid by the Hotel and/or MCRSL as aresult of or in connection with:(a) the Guest’s breach of the Guest Terms;(b)any infringement or alleged infringement of any intellectual property rights bythe Guest during the stay at the Hotel; and(c) any damage caused to the Hotelpremises (or contents) whether or not owned by the Hotel, caused bytheGuest.8.9 Nothing in these Guest Terms shall limit or exclude the liabilityof the Hotel and/or MCRSL for death or personal injury resulting fromnegligence; or fraud or fraudulent misrepresentation.   

9. DATA PROTECTION 
9.1 The information provided to MCRSL by the Guest duringbooking and on the registration card will be handled by the Hotel as datacontroller in accordance with applicable data protection requirements. Theinformation may be used by the Hotel and transferred toother group companiesand third parties engaged by the group, both within and outside of the countryor jurisdiction in which the Hotel is located (including to countries outsidethe EU), for the purposes of managing and fulfilling your booking; for internalreporting purposes; and for other business-related purposes permitted and/orrequired under applicable law. Where data is transferred outside of the EEA,MCRSL will be responsible for data security and will ensure appropriatetechnical and organizational measures are in place.9.2 Except as set out above,the Hotel will not use Guest information given for any other purpose unless theGuest agrees or unless the Hotel is required or permitted to do so by law. By agreeingto the Guest Terms and completing this registration card you are signifyingyour consent (and that of your Group) to your personal data being processed inaccordance with the above statement.   

10. GENERAL 
10.1 MCRSL and the Hotel accept several credit cards aslisted at the reception desk. All such credit cards are accepted in accordancewith the regulations of the credit card companyconcerned.10.2 These Guest Termsare governed by the laws of Italy and each party irrevocably agrees that thecourts of Italy shall have exclusive jurisdiction to settle any dispute orclaim arising out of or in connection with this agreement or its subject matteror formation (including non-contractual disputes or claims).  

11.  FORCE MAJEURE
The Hotel cannot accept responsibility or pay any compensation where the performance or prompt performance of the reservation contract is prevented or affected by reason of circumstances which amount to “force majeure”. Circumstances amounting to “force majeure” include any event which we could not, even with all due care, foresee or avoid. Such circumstances include the destruction or damage of your accommodation (which cannot reasonably be remedied to a satisfactory standard before the start of your stay) through fire, flood, explosion, storm or other weather damage ,break-in, criminal damage, riots or civil strife, industrial action, natural or nuclear disaster, fire, adverse weather conditions, war, or threat of war, actual or threatened terrorist activity, epidemic and all similar situations beyond our control. It is explicitly agreed that an event of force majeure suspends execution of the reciprocal obligations for the parties, and that each party shall pay the expenses resulting therefrom. In particular, the guests alone shall pay the additional expenses that might be incurred for any change in hotel, following the event of force majeure.

Accident Waiver and Release of Liability On Tours and Excursions Scheduled by LaChiusa Tuscany SRL for Guests.

1. La Chiusa Tuscany and its affiliated entities andits employees does not own the goods and services provide on tours.  Because La Chiusa Tuscany does not maintaincontrol over their personnel, or operations of these suppliers, we assume noresponsibility for and cannot be held liable for any personal injury, death,property damage, or other loss, accident, delay, inconvenience, or irregularitywhich may be occasioned by reason of (1) any wrongful, negligent, willful, orunauthorized acts or omissions on the part of any of the tour suppliers, orother employees or agents, (2) any defect in or failure of any vehicle, equipment,instrument owned, operated or otherwise by any of these suppliers, or (3) anywrongful, willful, or negligent act or omissions on any part of any otherparty. 

2.  I assume all risk forparticipating in the above activity (hereinafter “activity”). Iacknowledge the above activity may posesome risk of personal injury and I undertake and assume this risk. 

3.  I further waive and releaseLaChiusa Tuscany (hereinafter (“party”), the promoters and any insuring entity of the above, and their directors, officers, employees, or assigns, as well as the activity sponsors, from any and all liability, including,but not limited to, liability arisingfrom negligence or fault of the entities or persons for any injury or disabilitywhich   may occur as a result of my participation in the above activity.  I am assuming all risks on behalf of myself that may arisefrom negligence or carelessness on the part of any of the persons orentities being released, as well as from defective equipment, real or personal property owned, maintained, orcontrolled by   the above parties. 

4.  I understandI may be photographed while participating in activities. I agree to allow my photo,video, or film likeness to be used for any legitimate purpose by the activity holders,sponsors, producers, and theirassigns. 

5.  I shall defend, hold harmless, and indemnify the parties from and againstall losses, claims,damages, costs or expenses in connectionwith any action or claim brought or made (or threatened to be brought or made), for, or on account of any injuriesor damages, received or sustained by myself during the course of the activity.