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Terms and Conditions

Terms and Conditions, effective from 01/05/2024

PREAMBLE This information is provided for the website www.villachiarataormina.com (Site). Seller’s Details: Villa Chiara Taormina di Chiara Nucifora, Via Don Bosco, 10B, Taormina, VAT No. … (Seller)

Service sold on the Site: Accommodation booking service (Service). Further information regarding the full address of the accommodation covered by the Service, availability dates, maximum guest capacity, availability of additional services, total rental cost, any security deposit, cancellation policies, house rules, available additional services, nearby tourist attractions, and the conditions for the return of the security deposit are available on the Site.

Art. 1 Scope of Application

1.1 The General Terms of Sale apply to all sales made by the Seller on the Site.

1.2 Entering your tax code at the time of purchase implies that you are acting as a “Customer,” a natural person acting for purposes unrelated to entrepreneurial, commercial, professional, or craft activities possibly carried out. If you enter a VAT number, it implies a purchase as a “Professional,” a natural or legal person acting in the exercise of their entrepreneurial, commercial, craft, or professional activity, or their intermediary.

1.3 The terms indicated are to be understood as working days, thus excluding Saturdays, Sundays, and national holidays. The images and descriptions on the Site are to be understood as purely indicative. Colors may differ from the real ones due to the settings of the computer systems or computers used for their display.

1.4 The General Terms of Sale may be amended at any time. Any changes to the terms will be effective from the time of their publication on the Site. Therefore, you are invited to regularly access the Site and consult the most updated version of the General Terms of Sale before making any purchase.

1.5 The applicable General Terms of Sale are those in effect on the date the purchase order is sent.

1.6 These General Terms of Sale do not govern the sale of products and/or services by parties other than the Seller who may be present on the Site through links, banners, or other hypertext connections. Before conducting business transactions with such parties, you should check their sales terms, and the Seller is not responsible for the provision of services and/or the sale of products by such parties.

1.7 The Seller does not perform any control and/or monitoring. The Seller is therefore not responsible for the contents of such sites or for any errors and/or omissions and/or law violations by them.

1.8 You are required to read and pay attention to these General Terms of Sale and all the information on the Site, even during the purchase process.

1.9 Orders can be placed on the Site via phone or email. The clauses indicated in these General Terms of Sale also apply to these types of orders.

1.10 Any element of the Site is the property of the Seller. Without the specific written consent of the Seller, it is prohibited to reproduce, in whole or in part, by any means, distribute, publish, transmit, modify or sell all or part of the content of the Site.

1.11 The Seller cannot guarantee or affirm: (i) that the Site is free of viruses or programs that can damage data; (ii) that the information contained on the Site is accurate, complete, and up-to-date. The Seller cannot be held liable in any case to you or third parties for any indirect, incidental, special, or consequential damages.

Art. 2 Purchases on the Site

2.1 To make purchases on the Site, it is necessary to follow the procedure on the Site, entering the data requested from time to time. The sales contract is concluded when the order reaches the Seller’s server.

2.2 You agree to immediately inform the Seller if you suspect or become aware of any misuse or unauthorized disclosure of any information you have entered on the Site.

2.3 You guarantee that the personal information provided is complete and truthful and agree to indemnify and hold the Seller harmless from any damage, compensation obligation, and/or sanction arising from and/or in any way connected to the violation of this commitment. You agree to immediately inform the Seller if you suspect or become aware of any misuse or unauthorized disclosure of access credentials to the Site.

2.4 The Seller reserves the right to refuse bookings and orders from users who have previously violated these General Terms of Sale or any legal provisions.

2.5 To place orders on the Site, it is necessary to read and approve these General Terms of Sale by selecting the appropriate box on the purchase process pages. Failure to accept these General Terms of Sale will prevent you from making purchases on the Site.

2.6 After the purchase, you will receive an order confirmation email. The order confirmation email will contain at least the following information: (i) Seller’s details; (ii) characteristics of the purchased Product; (iii) purchase price and any taxes; (iv) any additional costs; (v) right of withdrawal or its exclusion; (vi) payment method used.

2.7 To use the services offered for sale on the Site, the total payment will be required, as the rates on the site are non-refundable.

Art. 3 Prices

3.1 On the Site:

  • Prices include VAT.
  • Local taxes, meals, drinks are not included in the price, unless specified.

3.2 The Seller reserves the right to change the price of the Services at any time without notice, provided that the price charged to you will be that indicated on the Site at the time of the order, and any subsequent changes (increase or decrease) will not be considered after the order is placed.

3.3 The purchase contract is conditionally resolved upon non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will be consequently canceled.

Art. 4 Payment Methods

4.1 This article describes the payment methods available on the Site. You can contact the Seller for further information.

4.2 On the Site, you can purchase using payment cards. The charge will be made only after (i) the data of your payment card used for the payment has been verified and (ii) the payment card issuer has authorized the charge. According to Directive 2015/2366/(EU) on payment services in the internal market (PSD2), you may be required to complete the purchase process by meeting the authentication criteria required by the payment institution in charge of managing the online payment operation. Failure to complete the above procedure may result in the inability to finalize the purchase on the Site. The payment card details (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment processor without passing through the Seller’s servers. Therefore, the Seller never has access to or stores the data of your payment card used for the payment of the Service.

4.3 This article specifies the credit and/or debit cards accepted on the Site:

  • VISA
  • MasterCard
  • PostePay
  • American Express
  • Maestro

4.4 You can pay via bank transfer on the Site. In this case, the payment details will be available directly on the Site or via email after the purchase order is placed.

4.5 You can make purchases on the Site using discount vouchers or coupons. If the discount code value is less than the order amount, the remaining sum can be completed using the payment methods provided on the Site. Each discount code can be used for a single purchase. Discount vouchers cannot be converted into cash for any reason.

4.6 Other payment methods different from those described above may be regulated in this article: It is also possible to pay at the Seller’s facility. Payment can be made in cash or via POS, as indicated on the Site or communicated by the Seller.

Art. 5 Structure Rules

5.1 During the stay at the facility, we ask the Customer to behave respectfully and follow the staff’s instructions. It is strictly prohibited to use our services for illegal purposes or cause damage to the facility or others. In case of violation of these rules, the Customer will be responsible for all costs that the facility will have to bear and all damages that the facility will suffer or may suffer, without needing a notice of default.

5.2 Access to the facility may be denied without any refund if the Customer disturbs other guests, is intoxicated, damages the property of the facility, or poses a threat.

5.3 Children from 0 to 2 years old can sleep in the double bed at no additional cost. Cribs are available as an extra service to be added at the time of booking.

5.4 Our facility does not accept pets. Therefore, please pay attention before making the reservation.

5.5 Smoking is prohibited inside the rooms and common areas of our facility. The use, possession, and sale of drugs within our facility are also strictly prohibited. Violators will be subject to heavy fines by the competent authorities.

5.6 Each room has a safe where you can store your personal belongings. Villa Chiara Taormina is not responsible for the loss, damage, or theft of personal items, even if stored in the safe. If personal items are forgotten in the facility, the Customer is responsible for contacting the facility as soon as possible and retrieving the items left or forgotten in the facility.

Art. 6 Right of Withdrawal

6.1 For accommodation bookings, the right of withdrawal does not apply, so the Customer explicitly waives the right of withdrawal.

Art. 7 Legal Guarantee of Conformity

7.1 The Legal Guarantee of Conformity is reserved for the Customer. Therefore, it applies only to users who have made a purchase on the Site as ‘Consumers,’ not ‘Professionals.’

7.2 The Seller is liable to the Customer for any lack of conformity of the Service that occurs within two years of purchase. The action to enforce defects not fraudulently concealed by the Seller is prescribed, in any case, within twenty-six months from the provision of the Service. In case of a lack of conformity of the Service, the Customer is entitled to restore conformity or receive a proportional price reduction or contract termination for serious non-compliance.

7.3 If you purchased as a Professional, the previous articles do not apply.

Art. 8 Alternative Dispute Resolution/Online Dispute Resolution

8.1 The Seller informs the user who qualifies as a Customer that if they have submitted a complaint directly to the Seller, and it was not possible to resolve the dispute, the Seller will provide information about the Alternative Dispute Resolution (ADR) entity or entities for extrajudicial resolution of disputes relating to obligations arising from a contract concluded under these General Terms of Sale, specifying whether they intend to use such entities to resolve the dispute.

8.2 The Seller also informs the user who qualifies as a Customer that a European platform for online dispute resolution for consumers (ODR platform) has been established. The ODR platform can be accessed at the following address: http://ec.europa.eu/consumers/odr. Through the ODR platform, the Customer user can consult the list of ADR entities, find the link to each of their websites, and initiate an online dispute resolution procedure involving them.

8.3 The user’s right to access the ordinary competent judge for any dispute arising from these General Terms of Sale is in any case unaffected, whatever the outcome of the extrajudicial dispute resolution procedure through the procedures in Part V, Title II-bis of the Consumer Code.

The user residing in an EU member state other than Italy can also access, for any dispute relating to the application, execution, and interpretation of these General Terms of Sale, the European procedure established for small claims by Regulation (EC) No. 861/2007 of the Council of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights, and expenses, Euro 5,000.00. The text of the regulation is available on the website http://www.eur-lex.europa.eu.

Art. 9 Customer Service

9.1 You can request information, send communications, request assistance, or submit complaints by contacting the Seller at the contact details provided in the Preamble, or by using the contact form available on the Site.

9.2 The Seller responds within an indicative time frame of 2 working days.

Art. 10 Material Published on the Site. Reviews

10.1 Any material published on the Site is protected by applicable copyright laws. Without authorization from the Seller or the third-party copyright holder, it is forbidden to copy, publish, modify, or use any material published on the Site in any way or for any purpose.

10.2 Pursuant to Legislative Decree No. 26 of 7 March 2023, the Site informs you that no tool is implemented on the Site that allows users to post reviews.

10.3 The tool for posting reviews is Google Reviews, by Google LLC. For more information on this service, you can visit the website https://support.google.com/business/answer/3474122?hl=it.

Art. 11 Applicable Law. Jurisdiction

11.1 Purchase contracts concluded through the Site are governed by these General Terms of Sale and, for what is not provided, by the Italian Consumer Code.

11.2 It is noted that in the case of a Customer user, for any dispute relating to the application, execution, and interpretation of this document, the court of the place where the user resides or has elected domicile is competent. In the case of a Professional user, for any dispute relating to the application, execution, and interpretation of this document, the court where the Seller is located is competent, as indicated in the Preamble.