General terms and conditions of sale

GENERAL TERMS AND CONDITIONS OF SALE

Premise

The following Terms and Conditions of Sale regulate the sale on this website https://www.reschio.com/ (Website) owned by Reschio S.r.l., with registered office in Lisciano Niccone (PG), località Fattoria di Reschio snc, cap 06060, Chamber of Commerce of Camera di Perugia, VAT number IT05230420480, share capital of 50.000,00 € fully paid (Reschio).

Article 1. Application Scope

1.1 The sale on the Website represents a distance sale agreement regulated by Chapter I, Title III (Section 45 et seq.) of Legislative Decree 6 September 2005, No. 206 (Italian Consumer Code) and by Legislative Decree 9 April 2003, No. 70 on electronic commerce.

1.2 The General Terms and Conditions of Sale apply to all sales processed by Reschio on the Website. The terms are calculated only considering business days and excluding Saturdays, Sundays and holidays.

1.3 General Sales Conditions can be changed and / or modified at any time. Eventual changes and / or new conditions will be valid starting from the date of their release on the Website. For this reason, before placing any order, the users are kindly invited to visit regularly the website in order to read the most updated version of the General Sale Conditions.

1.4 The applicable General Terms and Conditions of Sale are those in force at the date on which a purchase order is placed.

1.5 These General Terms and Conditions of Sale do not regulate the sale of products and/or the supply of services by parties other than Reschio, available on the Website through links, banners or hyperlinks. Before engaging in commercial transactions with these parties, the user must check their conditions of sale. Reschio is not liable for the supply of services and/or the sale of products by these parties. Reschio does not carry out any checks on and/or monitoring of the websites that can be reached through these links. Reschio takes no responsibility for the contents of these Websites, nor for any possible mistakes and/or omissions and/or legal breaches by the said websites.

1.6 The user shall carefully read these General Terms and Conditions of Sale and all other information that Reschio provides on the Website.

1.7 The submission of the purchase order constitutes acceptance of these General Conditions of Sale.

Article 2. Purchasing through the Website

2.1 The purchase through the Website is allowed to the user who acts as a consumer.

2.2 In the case of orders that are anomalous in relation to the quantity and/or frequency of purchases, Reschio reserves the right to take all necessary action to stop the irregularities.

2.3 Reschio reserves the right to refuse or cancel orders placed:

• by a user with whom Reschio is in dispute
• by a user who has breached this General Terms and Conditions of Sale
• by a user who has committed crimes
• by a user who has sent false, incomplete or otherwise inaccurate personal data or who has not sent Reschio the required documents.

Article 3. Information Required for Entering into an Agreement

3.1 In accordance with Legislative Decree of April 9 2003, No. 70 on electronic commerce, Reschio hereby informs the user that:

• to conclude the purchase agreement on the Website, the user must fill out an order form in electronic format and send it to Reschio electronically, following the instructions that will appear from time to time on the Website;
• the agreement is concluded when the order form reaches the server of Reschio
• once the order form has been submitted, Reschio will send the user, at the provided e-mail address, an order confirmation containing the following purchase descriptions and the relevant price.

Article 4. Services Description

4.1 The description of the Services provided by the Website is for illustrative purposes and must therefore be understood as indicative.

Article 5. Prices

5.1 All prices are VAT included.

5.2 Reschio hereby reserves the right to change the price at any time, without prior notice, it being understood that the price charged to the user shall be the one listed on the Website at the time the order is placed, and no fluctuations (increase or decrease) shall register subsequent to the transmission of said order.

Article 6. Purchase Orders

6.1 The Service chosen by you will be performed only after payment of the Total Amount Due. Reschio reserves the right not to provide the service if, at the time of booking on the Website, it is not possible to withdraw the amount due for the first night (Deposit) and if, after your arrival, you do not pay all or part of the Total Amount Due.

6.2 The purchase contract is terminated subject to non-payment of the Deposit, at the time of booking on the Website, and the payment of the Total Amount Due on arrival. Unless otherwise agreed in writing with you, the order will be cancelled accordingly.

6.3 In order to send a purchase order it is necessary to read and approve these General Terms and Conditions of Sale, clicking the relevant box on the pages of the purchase process. Failure to accept these General Terms and Conditions of Sale will make it impossible to make purchases on this Website.

Article 7. Payment Methods for Purchases Made through the Website

7.1 The payment on the Website can be made by payment cards.

7.2 Reschio accepts the following credit cards:

• VISA
• MasterCard (Cirrus Maestro)
• American Express

The charge will only be made after (i) your payment card details used for payment have been verified and (ii) the issuer of the payment card used by you has issued the debit authorization.

Pursuant to Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), the user is informed that he/she may be required to complete the purchase process by meeting the authentication criteria required by the payment institution in charge of handling the online payment transaction. The authentication criteria refer to the identity of the user (to meet this criterion the user must be registered on the Website during the purchase transaction) and the contextual knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete this procedure may make it impossible to finalize the purchase on the Website.

The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the relevant payment institution without passing through the servers used by Reschio. Reschio therefore never has access to and does not store the data of your payment card used to pay for the Products.

The Deposit will be made at the time of transmission of the order. The Total Amount Due must be paid upon arrival.

Art. 8. Cancellation Policy

8.1 If the reservation is cancelled 31 or more days prior to arrival, within 6:00 pm (Italian local time), no penalty will be applied and the paid Deposit will be reimbursed.

8.2 If the reservation is cancelled 15-30 days prior to arrival, within 6:00 pm (Italian local time), the Deposit will be retained as a penalty.

8.3 If the reservation is cancelled 14 or less days prior to arrival, a penalty equivalent to 100% of the total reservation value will be applied.

8.4 Late arrival and early departure will be billed for the entire reserved stay. Reschio highly recommends travel insurance for all our guests.

Art. 9. Right of Withdrawal

9.1 In case of purchase on the Website, unless otherwise indicated, you do not enjoy the right of withdrawal provided for Article 52 of the Consumer Code with reference to the Product or Products indicated in this article. In fact, on the Site are provided accommodations for non-residential purposes, services regarding leisure activities, with a specific date or period of performance.

Article 10. Legal Guarantee of Conformity

All the Products sold on the Website are covered by the legal guarantee of conformity provided by articles 128-135 by Legislative Decree N. 128-135 of Consumer Code (Legal Guarantee).

To whome it applies

The Legal Warranty is reserved for consumers. It therefore applies solely to users who have made the purchase on the Website for purposes other than entrepreneurial, commercial, craft or professional activities.

When it applies

Reschio is liable vis-à-vis the consumer for any non-conformity existing at the time of delivery of the product and becoming visible within two years of said delivery. Reschio must be informed of the non-conformity.

Unless proven otherwise, the non-conformity materialising within one year from the delivery date of the product are assumed as existing since the latter, unless the assumption is incompatible with the nature of the product or with the nature of the non-conformity. Starting from the thirteen month following the delivery of the product, the burden of proof to prove that the non-conformity already existed at the time of delivery of the product shall lie with the consumer.

In order to take advantage of the Legal Guarantee, you must thus provide proof of the date of the purchase and delivery of the good. It is therefore advisable, for the purpose of proving the purchase, that you keep the invoice sent by Reschio, as well as the transport document or any other document certifying the date of the purchase (such as the credit card statement or the bank statement) and the delivery date.

In case of termination of the contract, Reschio will return to the consumer the total amount paid, consisting of the purchase price of the Product, shipping costs and any other additional cost. In case of price reduction, Reschio will refund the amount of the reduction, previously agreed with the consumer. The amount of the refund or reduction will be credited to the means or payment solution used by the consumer for the purchase.

Reschio shall not be held liable in the event of damage of any kind resulting from the improper use of the Product or in the event of damage resulting from unforeseeable circumstances or force majeure.

Article 11. Applicable Law and Jurisdiction; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution

11.1 The purchase contracts concluded between you and Reschio are governed by the Italian law. To the users regularly non residents in Italy will be applied possibly more favorable and mandatory provisions provided by the law of the country in which they are habitually resident, and in particularly related to the term for the exercise of the right of withdrawal, to the term to return the Products, in case the User would like to exercise this right, to the methods and the formalities of the communication of this right and to the legal conformity guarantee.

11.2 If you are a "consumer", for any dispute concerning the application, execution and interpretation of these General Terms and Conditions of Sale, the Jurisdiction is where you have your residence or you have elected your domicile.

11.3 According to Article 141-sexies, comma 3 Legislative Decree of 6 September 2005 N. 206 (Consumer Code), Reschio informs the user as an end consumer whom Article 3, comma 1, lett. a) of the Consumer Code, that, in case he/she has submitted a complaint directly to Reschio, as a result of which it was not possible to resolve the controversy that arose, Reschio will provide the informations concerning the organization of Alternative Dispute Resolution for the out-of-court resolution of disputes relating to obligations arising from a contract concluded in accordance with these General Sale Conditions (ADR organizations, as indicated in Article 141-bis and followings of the Consumer Code), also specifying if it wants to use or not these organizations in order to solve the dispute.

11.4 Furthermore, Reschio informs you as consumer whom at Article 3, comma 1, lett. a) of the Consumer Code that a European platform for online resolution of consumer disputes was established (ODR Platform). The consumer can browse ODR Platform at the following link: http://ec.europa.eu/consumers/odr/; through ODR Platform the consumer can see the list of ADR Organizations, find the link redirecting to each one website and start an on-line procedure for the solution of the disputes in which he is involved.

11.5 Whatever it is the outcome of the out-of-court settlement procedure of disputes relating to consumption relationships through recourse to the procedures set out in Part V, Title II-bis of the Consumer Code, in any case the consumer has always the right to bring legal action before the competent Court.

11.6 For any disputes related to the application, execution and interpretation of these General Terms and Conditions of Sale, the user who resides in a member state of the European Union other than Italy can also access the European procedure established for small claims, by the Regulation (CE) N. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed Euros 5,000.00, excluding interest, rights and expenses. The text of the regulation can be found on the website www.eur-lex.europa.eu.

Article 12. Customer Care and Complaints

You may request information, send communications, ask for assistance or submit complaints by contacting Reschio's Customer Service as follows:

• by email, writing to: [email protected]
• by phone, calling: +39 075 844 362.

Reschio will deal with complaints by replying within 2 days of receipt.

Article 13. Miscellaneous

13.1 Check-in is from 3:00 p.m., unless otherwise available. Check-out is at 11:00 a.m., unless otherwise available.

13.2 During Check-in, you and any other guest staying in the same room as you must present Reschio with a passport or valid EU identity card, in order to register with the local authorities.

13.3 Acceptance of these General Conditions of Sale you authorize the payment of all outstanding charges for services that may be processed by Reschio using credit information held on file.

13.4 Smoking is not permitted in the indoor areas of Reschio.

13.5 The swimming pool is available for guests from 09:00 to 20:00. You will use the pool and adjacent area at your sole risk and responsibility. There is no fence surrounding the pool and therefore children using the pool area must be supervised and/or controlled by an adult at all times.
 

13.6 Additional guests (adults and children) are allowed with an extra charge of 150,00 € per night.