General Terms and Conditions
Obligations, Payments, Cancellation and Security Deposit
Tenant’s Obligations
a. The Tenant undertakes to use the Property as a private residential dwelling exclusively for tourism purposes.
b. The Tenant is prohibited from subletting or granting third parties the use or enjoyment of the Property, even on a provisional and/or temporary basis, without prior authorization, failing which the Agreement may be terminated pursuant to Article 1456 of the Italian Civil Code, upon the Landlord’s written declaration of their intention to invoke this clause. The Tenant is prohibited from hosting within the Property, even for a short time, persons not listed in the check-in documentation, unless previously authorized by the Landlord: accommodating a number of persons in the Property exceeding the agreed number, unless previously authorized by the Landlord, may result in termination of the Agreement pursuant to Article 1456 of the Italian Civil Code, upon the Landlord’s written declaration of their intention to invoke this clause and, in the event of unauthorized overnight stays or exceeding the maximum permitted occupancy, the obligation to pay an amount equal to the rental charge for one night’s stay for the entire villa, as a contractual penalty pursuant to Article 1382 of the Italian Civil Code, without prejudice to compensation for any additional proven damage. The Tenant is also prohibited from organizing events within the Property or its grounds without the Landlord’s prior authorization, failing which the Agreement may be terminated pursuant to Article 1456 of the Italian Civil Code, upon the Landlord’s written declaration of their intention to invoke this clause.
c. The Tenant is required to preserve and take care of the Property with due diligence, carrying out any minor maintenance arising from use for which the Tenant is responsible, within the limits established by law, undertaking not to modify or alter the Property and to return it at the end of this Agreement in the same factual and legal condition in which it was received, except for normal wear and tear. The Landlord reserves the right to assess any damage caused by the Tenant to the Property and to seek appropriate compensation.
d. The Tenant undertakes to report to the owner any defects in the Property discovered upon handover of the keys or during the stay, without prejudice to the rights provided by law.
e. The Tenant undertakes to comply with the scheduled check-in and check-out dates, as defined in the General Conditions of Use of the Property, acknowledging that any late or early arrival or departure attributable to the Tenant shall not entitle the Tenant to any refund from the Landlord, except where otherwise required by mandatory provisions of law.
f. The Tenant undertakes to comply with the General Conditions of Use of the Property, acknowledging that any serious or repeated breach of these rules entitles the Landlord to take the necessary measures, ranging from a verbal warning to termination of the Agreement in the cases provided for by this Agreement and by law.
Duration.
g. Upon expiry of the tourist rental agreement, the Agreement shall terminate without the need for any further notice, which is hereby deemed given in advance, and the Tenant shall be obliged to return the Property to the Landlord.
Payment Terms
Direct Bookings
For bookings made directly, without the use of intermediaries, payment terms may be agreed with the customer on a case-by-case basis. As a general rule, the full amount of the stay must be paid in a single payment at the time of booking. Any exceptions shall be communicated and formalized by agreement between the parties.
Bookings Through Third-Party Intermediaries
For bookings made through intermediary platforms such as Airbnb, VRBO, Booking.com or other similar platforms, the payment policies established by the intermediary shall apply. The contractual terms and rules applicable to these bookings may vary depending on the platform used and are accepted in full by the customer upon confirmation of the booking, provided that they were made available before confirmation. Customers are therefore invited to review the relevant terms before booking. In the event of disputes or requests for changes concerning payments managed by the platform, the customer must contact the intermediary directly, without prejudice to any rights that may be exercised against the Landlord.
Security Deposit
The owner may, at their discretion, require a security deposit (minimum €500, in an amount communicated and agreed upon before confirmation of the booking). Such a deposit may not be required in all cases. However, if required, its amount and payment arrangements must be communicated before confirmation of the booking, and the deposit must be paid by or before check-in, as agreed. Failure to pay the deposit, where required and agreed upon, may result in termination of the rental agreement, following written notice from the Landlord. The deposit shall be returned within 14 days of the end of the stay, once the condition of the Property and its furnishings has been checked, subject to any justified and documented deductions for damage or obligations attributable to the Tenant, with the undisputed portion being refunded.
Services Included in and Excluded from the Rental Charge
Unless otherwise agreed in writing between the parties, the agreed rental charge includes: use of the Property and outdoor areas accessible to guests; ordinary consumption of water, electricity and heating (within the limits of ordinary use, with only documented costs of abnormal consumption directly attributable to the Tenant being charged); heating of the pools and their routine maintenance; garden maintenance; an initial supply of firewood for the barbecue and fireplace; initial cleaning before check-in and final cleaning after check-out; and one change of bath towels every seven nights.
The rental charge does not include: foodstuffs or consumable goods not expressly provided; additional beds; extra cleaning requested during the stay; additional changes of bed linen or towels upon request; any extraordinary cleaning costs arising from misuse of the Property; costs arising from damage to furnishings or the Property; and use of areas of the Property marked as private or off-limits.
Cancellation Policy
Direct Bookings
Bookings made directly by telephone or email are subject to terms agreed on a case-by-case basis between the Landlord and the Tenant. As a general rule, unless different arrangements are expressly agreed upon in writing, bookings made without third-party intermediary platforms are non-refundable in the event of voluntary cancellation by the Tenant, provided that this condition was communicated and accepted before confirmation of the booking, without prejudice to cases provided for by mandatory provisions of law and to the Tenant’s rights in the event of breach by the Landlord.
Bookings Through Third-Party Intermediary Platforms
For bookings made through platforms such as Airbnb, VRBO, Booking.com or similar platforms, the payment, cancellation and refund policies established by the intermediary and accepted at the time of booking shall apply. These terms, which may vary depending on the platform used, are accepted by the Tenant upon confirmation of the booking. For any dispute or change concerning payments or cancellations managed by the platform, the Tenant must contact the intermediary directly, unless otherwise expressly agreed with the Landlord and without prejudice to any mandatory rights that may be exercised against the Landlord.
General Conditions of Use of the Property
General Information
Villa Raffaelli is a historic residence dating back to the mid-sixteenth century. Tenants are therefore requested to cooperate appropriately and comply with the following rules in order to preserve the Property’s current state of conservation. This private agreement is intended to protect the historic asset represented by the Property being rented. These conditions are necessary to protect Villa Raffaelli against improper use that could damage its current state of conservation. The Tenant undertakes to respect the condition of the premises and the historic value they represent, and to promptly inform the owners of any damage that may occur during the stay.
The Tenant acknowledges that any serious or repeated violation of the following rules of conduct, which largely reflect ordinary diligence and proper behavior, may result in termination of the rental agreement in the cases provided for by the Agreement and by law, as described above.
Conditions
Prohibition on Moving Indoor or Outdoor Furniture.
The Tenant undertakes not to alter the condition of the rented premises in any way by moving objects or furniture located inside or outside the residence.
Restricted Areas.
The Tenant is prohibited from accessing areas of the residence marked with no-entry signs.
Rules on Evening Music and Parties.
The Tenant is required to comply with local regulations concerning noise and civil behavior. The Tenant may play music outdoors until 11:00 p.m. (local time), after which the volume must be reduced to a level that complies with local regulations. Guests who were not present at check-in at the villa and who have not completed the check-in process are not permitted.
Use of Fires, Fireplaces, Fire Pits and Candles.
The Tenant is permitted to light controlled fires only in designated locations: the outdoor fire pit, the fireplace, the barbecue and the pizza oven. Lighting fires in any other area, whether inside or outside the Property, is therefore prohibited.
The outdoor fire pit must not be moved from its existing position. Fires lit in the fire pit, fireplace and barbecue must be kept small. The Tenant undertakes to personally and constantly supervise any lit fire, never leaving it unattended, even for short periods, until it has been completely extinguished. The Tenant assumes responsibility for the proper management of fires and for any damage resulting from their improper or negligent use. The pizza oven may be used only in accordance with the manufacturer’s instructions and prescribed operating procedures. Any fire must in all cases be lit in compliance with ordinary safety rules and any applicable provisions and restrictions issued by the competent authorities.
The candles and candlesticks present inside or outside the residence are to be regarded exclusively as decorative items and must therefore not be lit. The Tenant may use their own tea-light candles, provided they are placed in suitable heat-resistant holders. Traditional candles may be used only if they are fitted with an appropriate holder with a wax-catching tray at the base, capable of preventing any wax from dripping onto the surfaces beneath. It is strictly prohibited to light traditional candles directly on tables, furniture, wooden or stone surfaces, tablecloths or other surfaces without a suitable wax-collection system. Any lit candle must also be constantly supervised and never left unattended.
Any wax drips on furniture, floors, wooden or stone surfaces, tablecloths, fabrics or other items belonging to the Property resulting from failure to comply with the above provisions may lead to charges for extraordinary cleaning and any resulting damage, as provided for in the section entitled “Damage and Extraordinary Cleaning Policy” of this Agreement.
Pool Areas and Responsible Use.
For the protection and safety of everyone present, the following rules apply to the swimming pool, hot tub and surrounding areas:
- Guests must always act prudently and responsibly, paying particular attention to wet surfaces, steps, pathways and paved areas.
- Running around the pools and in their access areas is prohibited.
- Diving, jumping, pushing, dangerous games and any behavior that could endanger oneself or others are strictly prohibited.
- Introducing objects, furniture, glasses or other glassware, containers, food, drinks, substances or other foreign materials into the pools is prohibited.
- Toys, inflatables or similar objects may be used only with the Landlord’s prior authorization.
- Each adult is responsible for assessing their own health, swimming ability and fitness to use the facilities safely.
- Every person must exercise the utmost care for their own safety and that of all other persons present.
- Parents, guardians and accompanying adults retain full responsibility for minors and any other persons entrusted to their care.
- Minors must remain under the constant, direct and close supervision of a responsible adult whenever they are in the pools or surrounding areas. They must never be left unattended, even briefly.
- Every person remains responsible for their own conduct and for any damage, accident or injury arising from imprudent, dangerous, unauthorized or improper behavior.
The Property includes a swimming pool, a hot tub and their surrounding areas. These facilities remain private amenities belonging to the Landlord, who regulates the conditions of access and methods of use in accordance with the agreed terms and legal obligations. Their availability, when included in the stay, may be temporarily restricted or suspended for documented reasons of safety, malfunction or maintenance, without prejudice to any mandatory rights of the Tenant. Any unauthorized access or access in breach of safety rules shall be considered improper and contrary to the Property’s rules.
The Tenant declares that they have read and understood the rules relating to the pools contained in this Agreement and displayed on the warning signs at the Property, and undertakes to inform the Guests of them. The Tenant and Guests assume responsibility for their own conduct, as well as for the constant supervision of any minors or other persons entrusted to their care, within the limits provided by law.
To the fullest extent permitted by law, the Landlord shall not be liable for damage or injuries arising exclusively from unauthorized, improper, imprudent or dangerous use of the pools attributable to the Tenant or Guests, from failure to comply with the rules or applicable signage, or from failure to supervise, or inadequate supervision of, minors or other persons entrusted to their care, without prejudice to the Landlord’s responsibilities under the law.
Damage and Extraordinary Cleaning Policy.
The Tenant has the right to promptly report any damage or defects in the Property, without prejudice to the rights provided by law, and to request termination of the Agreement where such damage or defects may impair the peaceful enjoyment of the Property, in the cases provided for by law. In all other cases, if, upon return of the keys, the Landlord discovers new defects or damage to the Property, movable items or its appurtenances, the Landlord may seek appropriate compensation after assessing and documenting the value of such damage or defects, excluding normal wear and tear. The Tenant is required to compensate for damage as established by Article 1223 of the Italian Civil Code. Where the condition of the rented premises requires extraordinary cleaning due to misuse of the Property or a lack of diligence by the Tenant, the Landlord may charge the Tenant the documented costs of such cleaning.
Use of Balconies and the Terrace Perimeter Wall.
All balconies of the Property and the external perimeter terrace must be used by Tenants with due care and common sense, as they are historic overlooks. Sitting, standing or climbing on railings and parapet walls, as well as leaning beyond them, is prohibited. The Landlord shall not be liable for accidents attributable exclusively to imprudent or prohibited conduct by the Tenant or Guests, without prejudice to the responsibilities imposed on the Landlord by law.
Prohibition on Bringing Pets into the Property.
Bringing pets into the Property is subject to the Landlord’s prior consent.
Use of the Internet Connection.
The Tenant is entitled to use the Wi-Fi freely, in compliance with applicable local civil and criminal laws. The Landlord shall not be liable for unlawful use of the network attributable to the Tenant or Guests, without prejudice to the Landlord’s own legal obligations.
Video Surveillance.
The Tenant acknowledges having been informed that the entrance and certain outdoor areas of the Property are monitored by video surveillance and that the recordings may be used for security and property-protection purposes, in compliance with personal data protection laws, as indicated by the signage and the specific privacy notice made available to the persons concerned before they enter the monitored areas.
No Smoking.
Guests undertake to comply with signage indicating areas where smoking is prohibited; any serious or repeated violations may result in termination of the Agreement in the cases provided for by law, without prejudice to liability for damage and extraordinary cleaning costs attributable to Guests.
Prohibition on Camping and Installation of Outdoor Structures.
The installation of tents, camper vans, caravans, gazebos, temporary structures or any other outdoor arrangement within the villa’s grounds is prohibited without the owner’s prior written authorization. The Guest undertakes not to use the outdoor areas for camping or overnight stays outside the areas and accommodation provided by the villa. Failure to comply with this provision may result in a demand for immediate removal of the structures at the Guest’s expense, as well as charges for documented costs and, in the event of a serious breach, early termination of the rental agreement within the limits provided by law.
Dispute Resolution and Applicable Law.
For any dispute concerning the performance of this Agreement, the parties agree to the exclusive jurisdiction of the Court of Lucca, without prejudice to the mandatory jurisdiction of the consumer’s competent court and any other applicable mandatory provisions of law.
For matters not expressly provided for in this Agreement, the parties mutually acknowledge that this Agreement is governed by the Italian Civil Code and the applicable national, European and regional legislation, including mandatory consumer protection provisions, as it is a rental agreement entered into to meet residential needs for tourism purposes.