General Terms and Conditions

Art. 1 General Terms and Conditions

1.1.   The present General Terms and Conditions, hereafter abbreviated to GTCs, govern the reciprocal rights and obligations between the Farmers’ Union of South Tyrol, as operator of the ‘Roter Hahn – online booking’ booking system on one hand, and the respective providers and booking customers using the said booking system on the other hand, as well as the reciprocal rights and obligations between the respective providers and booking customers.

1.2.   The booking system, integrated into the provider’s Farmers‘ Union of South Tyrol website www.roterhahn.it by means of widgets, is an electronic contact platform between providers and booking customers, which functions independently of the Farmers’ Union of South Tyrol after initiation of contact. The Farmers' Union of South Tyrol as operator of the booking system is in no way a party involved in the contractual relationships arising between the respective providers and the booking customers, even if this is initiated via the booking system. The Farmers’ Union of South Tyrol does not take any responsibility for damages of any kind for whatever reason arising from the non-availability of the booking system or an interruption in its operation. Likewise, the Farmers’ Union of South Tyrol has no liability for damages due to booking errors and for damages caused by the unlawful and abusive use of the booking system by third parties. The Farmers’ Union of South Tyrol cannot be held responsible for overbookings by the booking customer. The Farmers' Union of South Tyrol is not liable towards the provider if the booking customer fails to take up the services booked (no-shows).

1.3.   The information and data transmitted by the booking system to the customer are not provided by the Farmers’ Union of South Tyrol, but by the respective provider, or they are created automatically by the booking system based on the data entered by the provider. The Farmers’ Union of South Tyrol is therefore not liable for the accuracy and completeness of the data content made available, especially not for the actual availability of the tourist service offered or for the accuracy and completeness of the prices quoted by the provider. Furthermore, the Farmers’ Union of South Tyrol is not liable for the quality of the tourist service offered. The legal relationship regarding the tourist service exists solely between the provider and the booking customer.

1.4.    The booking customer has the option of querying the tourist services offered in the booking system by entering one or more parameters. The listing is randomised based on the parameters entered and is not an evaluation or classification of the service offered.

1.5.    The Farmers’ Union of South Tyrol and the respective provider declare that the data entered by the booking customer will be used exclusively for processing the information request or booking enquiry in accordance with the valid data protection regulations.

1.6.    The Farmers’ Union of South Tyrol has the right to unilaterally amend these General Terms and Conditions at any time. The amendments shall come into effect upon their publication on the website www.roterhahn.it and can be viewed online, saved or printed at any time.

1.7.    Confirmation of acknowledgement and acceptance of these GTCs by the booking customer upon completion of the booking process is a prerequisite for the transmission of the booking enquiry to the booking system. Anyone not accepting the GTCs may not use the booking system.


Art. 2 Definitions

2.1.   The ‘booking system’ of the Farmers’ Union of South Tyrol is an automated information and reservation system that can be used at the address www.roterhahn.it and by means of widgets on the website of the operator. The Farmers’ Union of South Tyrol makes the booking system available to providers on the one hand and internet users and booking customers on the other for the purposes set out in these GTCs, with the aim of initiating business relationships between providers and booking customers.

2.2.    Providers are exclusively businesses that offer Farm Holidays in accordance with Provincial Law No. 7/2008 and are members of the ‘Roter Hahn’ brand.

2.3.    ‘Booking customers’ are natural and/or legal persons, companies or corporate bodies that book overnight accommodation and any other tourist services with the respective provider via the booking system.

2.4.    ‘Other guests’ are those natural persons who are travelling with the ‘booking customer’ and who spend their stay with the provider together with the booking customer and as part of the services booked by the latter.

2.5.    ‘Data content’ includes all data and information relating to the tourist services offered, which are entered independently into the booking system by the provider, regardless of their form.


Art. 3 Booking

3.1.    By using the booking system, the booking customer expressly declares that he or she accepts these General Terms and Conditions for himself or herself and any other guests, whereby he or she expressly declares that he or she has also been authorised to accept these GTCs by the other guests.

3.2.    The booking customer can change, improve or delete the data entered by him or her at any time in the corresponding fields of the entry form until the confirmation of transmission by clicking on the button ‘Book now’. The booking customer therefore has the option of checking his or her entries several times and in full before sending them and is also requested to do so.

3.3.    The data entered by the booking customer is transferred to the booking system as a binding booking after acceptance of the General Terms and Conditions and clicking on the ‘Book now’ button. The accommodation contract is concluded when the booking customer's reservation is accepted by the respective provider, especially when the booking confirmation is sent.

3.4.    The booking customer receives an email generated by the booking system to confirm that the binding booking has been entered into the system. The provider is also informed by the booking system that the booking has been made.

3.5.    The payment methods and the amount of any deposits/prepayments are determined individually by the accommodation provider. The payment methods used will be displayed during the booking process and in the confirmation email. If the provider requires a deposit or down payment, the booking shall become effective upon transmission of a written booking confirmation by email to the address provided by the booking customer after receipt of payment.

3.6.    By transmitting his or her credit card number to the booking system, the booking customer expressly authorises the provider to automatically debit the deposit or down payment to the specified amount from the credit card provided.

3.7.    The residual sum for the booked tourist service shall be paid by the booking customer to the provider by bank transfer or cash payment for amounts totalling less than EUR 5,000.00 directly on site. Options for using other means of payment must be requested directly from the respective provider.

3.8.     The Farmers’ Union of South Tyrol does not guarantee the acceptance of credit cards or other non-cash means of payment on the part of the local provider.


Art. 4 Right to withdraw / cancellation conditions

4.1.    The booking customer has no right to withdraw according to the Italian Consumer Protection Code. Nevertheless, the booking customer is generally granted a right of cancellation. The cancellation conditions, if granted, are determined individually by the respective provider. They are displayed during the booking process and communicated in the booking confirmation.

4.2.    The booking customer is obliged to inform the provider immediately if he or she and/or his or her guests are unable to start their holiday.

4.3.    The booking customer has no right to prolong the duration of his or her stay.

4.4.    If the booking customer wishes to change a booking that has already been confirmed and paid for, a corresponding request must be made in writing to the provider. The re-booking constitutes a cancellation of the original accommodation contract and a new accommodation contract is established. The provider has the right to refuse a re-booking due to the unavailability of accommodation in the new period. In any case, the provider reserves the right to charge any cancellation fees.


Art. 5 Accommodation

5.1.    Unless otherwise stated, the prices quoted for accommodation are per person per day or per flat per day. This includes all expenses and taxes, with the exception of the local tax, which is collected by the provider on site and must be passed on to the relevant authorities. The amount of the local tax is calculated on the basis of the municipal ordinance applicable at the time of the stay in the provider's municipal area.

5.2.    The prices for any additional services, e.g. horse and cart rides, hay baths, farm tours, guided hikes, tastings of farm produce, etc. will be announced separately by the respective provider.

5.3.    For all other terms and conditions, such as arrival and departure times, payment on site, etc., the general terms and conditions of the respective providers apply, which are usually published on the company's own websites or can be requested from the provider.

5.4.    Use of the booking system by the booking customer is free of charge for the customer.

 
Art. 6 Rights and obligations of the respective provider

6.1.    The provider is obliged to provide the agreed services to a degree that corresponds with its standard.

6.2.    The provider may provide the booking customer and the other guests with comparable alternative accommodation of the same quality if this can be reasonably expected by the booking customer and the other guests and is necessary for objective reasons that cannot be attributed to the provider. In the event of alternative accommodation being provided, any additional costs shall be borne by the provider.

6.3.    Pursuant to Art. 2760 of the Italian Civil Code, the provider's claims against the booking customer and the other guests have a preferential right to the items brought by them into the provider's business and onto the associated premises, provided that they are still there. The provider therefore has the right to request the seizure of these items if the booking customer and his or her guests refuse to pay the fee.


Art. 7 Items introduced and consigned

7.1.     In accordance with Art. 1783 of the Italian Civil Code, the respective provider is liable for any damage, destruction or theft of items brought into the provider's premises by the booking customer and their guests. Items brought into the accommodation establishment are deemed to be the following:
- items located therein during the time of the stay at the accommodation provider's establishment;
- items that the accommodation provider has taken into safekeeping outside the accommodation provider's premises during the guest's stay;
- items that the provider has taken into safekeeping within a reasonable time before or after the period of the guest's accommodation, whether in the provider's establishment or outside it.

7.2.    Liability for items brought into the accommodation is limited to the value of what has been damaged, destroyed or stolen, up to the equivalent of one hundred times the price of the accommodation for one day. The provider shall be liable beyond the above limits if the damage, destruction or theft of the items brought into the accommodation establishment by the guest is attributable to the fault of the guest or his or her family or assistants.

7.3.    The liability of the respective provider is unlimited:
- if the items have been given to him or her for safekeeping and he has accepted them;
- if he or she has refused to take into safekeeping items which he or she was obliged to accept.

7.4.    The provider is obliged to accept securities, cash and valuables; he may only refuse to accept them if they are dangerous items or items of excessive value or of a bulky nature or excessive size in view of the importance and type of management of the accommodation establishment. The provider may demand for the item to be handed over to him or her to be contained in a closed and sealed envelope.

7.5.     The provider is not liable if the damage, destruction or theft is caused by the following:
- the guest, their companions, service personnel or visitors;
- force majeure;
- the nature of the item.
Any damage, destruction or theft of an item brought in must be reported to the provider immediately.
 

Art. 8     Bringing of animals

8.1.    Animals may only be brought into the provider's premises after guests’ express request and approval by the respective provider - if necessary for a special fee. The premises that the animals may be allowed access to must be sufficiently clarified with the provider.

8.2.    The booking customer and other guests are obliged to properly supervise the animal during their stay and must guarantee and be liable for its health and fulfilment of all veterinary requirements.

8.3.    The booking customer or the other guests are also liable for any damage caused by the animal to the provider, his or her family, his or her assistants, his or her property, other guests and their property and any third parties.


Art. 9 Data protection regulations

9.1.    In accordance with Art. 13 of the European General Data Protection Regulation (Regulation (EU) 2016/679), the following data is processed:
- Master data (first name, surname, address, telephone, email, date of birth, place of birth, language, data in travel documents and ID cards, etc.)
- Data on payments, EC cards, credit cards and bank cards
- the length of stay requested by you and any personal preferences relating to your stay that you disclose to us.

9.2.    The Farmers’ Union of South Tyrol and the respective provider declare that the personal data provided will be stored and processed exclusively in accordance with the applicable data protection regulations. The Farmers’ Union of South Tyrol declares that the data transmitted via the booking system will be stored and processed solely for the purpose of processing the booking process or for the fulfilment of contractual obligations and will only be passed on to third parties if this is necessary for the processing of the booking process: this applies in particular to the forwarding of information to the respective provider.

9.3.    The provision of your data is voluntary but is essential for the fulfilment of the contract and for the fulfilment of legal obligations (e.g. documentation rights and obligations under accounting, tax and customs law, contracts, reporting or legal disputes). For this purpose, the data are processed and stored electronically and/or in paper form.

9.4.    You can request information about your personal data stored by us free of charge at any time. As a data subject, you also have the right to cancellation, information, deletion, correction, restriction and transfer of your personal data, provided that there is no legal obligation on our part to retain it. If you exercise your right of cancellation, all your data will be irrevocably deleted, provided that no overriding legal provisions are violated.

9.5.    In order to exercise the rights in question on the part of the person concerned or a person authorised by him or her, enquiries can be addressed directly to the data protection officer (datenschutz@sbb.it) or directly to the provider.


Art. 10 Applicable law; place of jurisdiction

10.1.    This contract is subject solely to Italian law.

10.2.    Express reference is made to the legal provisions of Art. 45-67 of the Italian Consumer Protection Code GvD 206/2005.

10.3 If the contractual partner is not a consumer within the interpretation of Legislative Decree of 6 October 2005, no. 206, the place of jurisdiction is that of Bolzano, which is chosen as the exclusive place of jurisdiction.

10.4.    Mandatory information according to EU Regulation No. 524/2013 of the European Parliament and Council. Platform for the online settlement of consumer disputes (ODR) of the European Commission: http://ec.europa.eu/consumers/odr/
 
Art. 11 Final conditions

11.1. Should individual provisions of this contract be or become invalid or void, this shall not affect the validity of the remaining provisions of this contract. In the event of original or existing loopholes, the corresponding statutory provisions shall apply.