I. Scope of application
1. These terms and conditions shall apply to any rental provision of Resort rooms for accommodation purposes and to any further services provided by the Resort to its customers.
2. Subletting of the provided rooms for other than accommodation purposes require the prior written consent of the Resort.
3. Terms and conditions of the customer shall only be applicable if they have been the subject of an express prior written agreement.
II. Contract conclusion, contracting parties, limitation of contractual liability and limitation period
1. The accommodation contract becomes effective upon acceptance of the customer’s booking request by the Resort. At its own discretion, the Resort may confirm the room reservation in writing.
2. Contracting parties are the booked Resort, hereinafter referred to as “the Resort”, and the customer. If a third party placed the order on behalf of the customer, the third party and the customer shall be liable as joint and several debtors to the Resort for all obligations arising from the accommodation contract.
3. The Resort shall be liable for its obligations arising under the accommodation contract. However, for deficiencies in areas not typical of its performance, this liability is limited to cases involving intent or gross negligence of the Resort.
4. All claims asserted by the customer against the Resort shall become time-barred after six months.
5. The above-mentioned limitations of liability and limitation period also apply in favour of the Resort in case of infringement of pre-contractual duties or positive breach contract.
III. Payment for Reservations via the Shibi Piccolo Resorts Website
1. All online credit card transactions carried out are subject to an authentication process carried out by a 3rd party credit card company, regardless of whether the reservation relates to a prepaid or non prepaid rate.
2. Online credit card transactions for prepaid reservations: If the customer choses to pay with a credit card for a prepaid rate, customer is required to provide valid credit card details at the end of the reservation process. The payment transaction is carried out by the customer’s credit card company after having completed the authentication process successfully, the credit card is charged directly with the full reservation amount and a so called “Credit Card Token” is generated. The Credit Card Token is an encryption of the credit card type and number. The Credit Card Token is stored for a defined period of time for any payment obligations incurred by the customer that are not settled before or during the customer’s stay at the Resort. The Resort reserves the right to charge the Credit Card Token at any time during the storage period for any such payment obligations, including no-show or cancellation fees. Charging the Credit Card Token will incur customer’s credit card company to carry out a payment transaction and charge the customer’s credit card.
3. Online credit card transactions for non prepaid reservations: Non-prepaid reservations may require the customer to provide valid credit card details at the end of the reservation process as a guarantee for any charges not settled in the Resort. After having completed the authentication process successfully, a Credit Card Token is generated. The Credit Card Token is stored for a defined period of time for any payment obligations incurred by the customer that are not settled before or during the customer’s stay at the Resort. The Resort reserves the right to charge the Credit Card Token at any time during the storage period for any such payment obligations, including no-show or cancellation fees, but not before the day of the reserved accommodation date. Charging the Credit Card Token will incur customer’s credit card company to carry out a payment transaction and charge the customer’s credit card.
4. Paypal: If the customer choses the payment method Paypal, an active PayPal account is required. The customer will be redirected to an iframe (PayPal login window) during the booking process which is hosted by PayPal. The customer will be requested to legitimize themself with their access data and to instruct the payment. The customer will then be redirected back to the reservation website where the reservation process is finalized. The payment transaction is carried out by PayPal directly at the end of the reservation process and the customer’s account is debited.
5. The Resort reserves the right not to offer certain payment options or to refer to other payment options. The payment options available will be displayed during the reservation process.
IV. Cancellation Policy
The resort will give a full refund 48hrs before the arrival time
50% 24hrs before arrival time
Full payment will be charge for less then 24hrs or no show
V. Performances, rates, payment, set-off
1. The Resort is obliged, to hold the rooms booked by the customer and to provide the mutually agreed services.
2. The customer is obliged to pay the applicable room rates and for other services as agreed upon. This shall also apply to any services provided or expenses made by the Resort to third parties on the customer’s request.
3. The agreed rates include value-added tax. Increases of value-added tax shall be borne by the customer. If the period between conclusion and performance of the contract exceeds four months, the Resort may raise the contractually agreed rates to a reasonable extent but not more than 10%, if the generally charged rates for such services have increased.
4. The Resort may also adjust the agreed rates if it gives consent to changes requested by the customer after conclusion of the contract such as amending the number of booked Resort rooms, the length of stay or Resort services to be provided.
5. The customer may offset or reduce a claim of the Resort only with an indisputable or legally binding claim.
VI. Rescission by the customer (cancellation, no show)
1. Customer’s rescission of the concluded contract requires the Resort's written consent. If the Resort does not confirm the customer’s rescission in writing, the contractually agreed rate must be fully paid, even in the case, the customer does not avail himself of the contractual services. This does not apply in case of a performance default of the Resort or other cases in which the Resort is at fault.
2. If Resort and customer contractually agreed upon a deadline for charge-free rescission of the contract, the customer may rescind from the contract up to that date without incurring payment or damage compensation claims by the Resort. The customer’s right of rescission expires if he does not exercise his right of rescission in writing by the agreed deadline, except in case of performance default of the Resort or other cases in which the Resort is at fault.
3. In case of cancellation by the customer without giving prior notice and without agreement with the Resort, the full reservation fee must be paid.
4. At its own discretion, the Resort may require the customer to compensate the incurred damages on a lump sum basis. Then, the customer is obliged to pay 90 % of the contractually agreed rate for lodging. The customer shall be entitled to prove evidence to the extent that either no damages were incurred by the Resort or that damages incurred by the Resort were lower than the amount charged.
VII. Rescission by the Resort
1. If the customer has a contractual right for charge-free rescission within a certain deadline, the Resort for its part is entitled to rescind the contract during that deadline, if other customers made booking requests concerning the reserved rooms and the customer does not waive his right of rescission upon inquiry of the Resort.
2. The Resort is entitled to rescind the contract, if an advance payment was not made within the agreed deadline, even after setting an appropriate additional payment period in connection with a notice of refusal.
3. Furthermore, the Resort has the right for extraordinary rescission of the contract for materially justifiable reasons, such as force majeure or other circumstances for which the Resort is not responsible and which render impossible the fulfilment of the contract; if rooms have been booked with misleading or false information concerning essential facts such as the identity of the customer or purpose of stay; or if the Resort has a legitimate reason to assume that the use of Resort services might jeopardize the unobstructed business operations, the safety or the reputation in public, without being attributable to the Resort’s sphere of control or organization; in case of violation of section I. paragraph 2., see above.
4. The Resort has to give immediate notification to the customer about exercising its right of rescission.
5. In case of justified rescission by the Resort, the customer shall have no further claims for compensation.
VIII. Room availability, delivery and return
1. The customer does not acquire the right to be provided with specific rooms.
2. Booked rooms are not available to the customer before 3:00 p.m. on the agreed arrival date. The customer does not acquire the right to earlier availability of the booked rooms.
3. Rooms must be vacated and made available to the Resort not later than 12:00 noon on the agreed departure date. Thereafter, the Resort may charge 50 % of the full accommodation rate (list price), if the customer vacates the room later than contractually agreed but not later than 6:00 p.m. or 100% if the customer vacates the room later than 6:00 p.m. The customer shall be entitled to prove evidence that either no damages were incurred by the Resort or that damages incurred by the Resort were lower than the charged amounts.
X. Further Correspondence
By completing your booking, you agree to receive
1. an email, send to you after completing your booking process containing all relevant details of your booking, and
2. an email, we may send you after your stay in one of our Resorts, inviting you to complete our guest review form.
Other than the email correspondence confirming your booking, relevant booking modifications or cancellation emails, guest review invitations and the emails for which you may have actively opted in, we shall not send you any further notices, emails or correspondence, unless you specifically agree otherwise.
XI. Final provisions
1. Any amendment, supplement or alteration to the contract, the acceptance of booking or of these terms and conditions, including this provision, shall be valid only if made in writing. Unilateral amendments by the customer are not valid.
2. Place of performance and place of payment is the Resort’s registered seat.
3. Exclusive jurisdiction - including check and exchange disputes – shall be the registered seat of the Resort.
4. Italian law shall be applicable.
5. Should individual clauses of these terms and conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. An invalid clause shall automatically be replaced with an effective and equivalent clause, which suits most the economic interests of the parties to the contract. Apart from that, the statutory provisions shall be applicable.
6. For meetings, conventions, banquets and other events, separate terms and conditions shall apply.
7. Children not older than 2 years are considered infants/babies. Until the age of 12, the price for children is based on the child policy of each Resort.
8. The resort don’t allow gathering of more then 15 people at the resort public places.
9. Only the guests | customers that paid for the resort accommodation can stay at the resort premises. Any extra guest must be notify and the resort shell choose if to ask payment for their stay.
10. Smoking is not allowed in any of our rooms , only at the reserved area at the resort. Please keep it clean
11. garbage needs to be thrown to the main street in a plastic closed bag
12. Please do not through any kind of objects that are not toilet paper into the toilette
XII. Keyless entry
1. The resort uses in all its rooms a keyless entry code.
2. Customer shell not pass it or abuse it for any thing else then enter the prepaid room he purchased
3. Due to this action, the resort do not operate on a regular basis a fixed figure at the resort to handle the check in and check outs.
4. It is in the responsibility of the customer to check in and out at the agreed hours
XIII. Use of the pools and Resort
The resort gives a free access to the pool area to all its guests
You should follow these rules strictly
Kids under the age 15 must be supervised by their parents at ALL time.
Kids who don’t touch the bottom must wear lifeguard accessories
If you go to the pool with a toddler, make sure he or she is wearing waterproof swimming diapers.
walk, don’t run
don’t push and no rough play
No jumping into the jacuzzi
don’t chew gum while you swim
no food or drinks in the pool
no use of sharp toys in or at the pool area
no glass or sharp objects allowed near the pool area
No small toys that can easily go into the skimmer and pump
Don’t show at the public area and pool if you have the flu, open wounds, or warts
If you know you are losing hair (specially with long hair ), Wear a swim cap.
Do not enter the pool if you are dirty.
No pipi or other needs in the pool
XIIII. Pets at the resort area
The resort allows you to stay with any kind of pets
Please follow these rules strictly to avoid inconvenient with the law and the neighbors.
A behaved pet could run free at the resort, the ones that are not please keep them tied down
In any case pets are not allowed in the pool area
Please keep your pets from doing their needs in any of the resort premises
If they do so please clean it tidily
Please bear in mind that the resort is an open place , therefore if your pet is behaved then you can let him go free, but if he can run away , please note that there are other pets and animals at the resort and at the park that might scare your pet.