Terms & Conditions
For all Villa Benelli tours
General Terms and Conditions (GT&C):
Villa Benelli provides the following General Terms and Conditions to inform guests and potential guests of the regulations under which Villa Benelli provides its services. Please note that guests of Villa Benelli are defined as any person requesting a reservation, with a confirmed reservation, currently participating in a Villa Benelli tour, or having completed a Villa Benelli tour. Also, please note that Villa Benelli is an abbreviation of the Villa’s legal name, Villa Gobbi Benelli.
Villa Benelli requests that guests please read these General Terms and Conditions prior to making a reservation.
1.0 Description of Villa Benelli:
The tours offered by Villa Benelli will take place at Villa Gobbi Benelli, a historic property owned by the Gobbi Benelli family and managed by Dunia Gobbi Benelli. The Villa is a private residence with a private area for the sole use of the Gobbi Benelli family, and a separate set of suites and public areas for use by guests. While the Villa has been upgraded with many modern amenities, it does not have an elevator; all levels require stairs to access and guest rooms/bathrooms are not handicapped accessible.
The Villa is located in the hills of Massarosa overlooking the Mediterranean Sea. The nearest international airport and train station are in Pisa, approximately 30 minutes travel by car.
A total of six guest suites, each with a private full bathroom, are available for guest occupancy. Each guest suite can accommodate one or two guests. Guest suites are not handicapped accessible. The Coral apartment, located on the ground floor of the Villa, has two guest suites. Four guest suites, the Tomas, Anna, Margherita, and Nilsson, are located on the third floor of the Villa. Access to third floor guest suites is by stairs only. Tomas, Anna, Margherita, and the Coral apartment guest suites are furnished with queen size beds. The Anna guest suite features a queen bed that can be converted to two single beds upon request. The Nilsson guest suite is furnished with a king size bed. Guest suites do not include a safe. Guests are provided a room key to lock their suites for their security.
Common areas of the Villa are available to guests during the hours of 6:00am to 10:00pm. Located on the second floor and accessible by stairs are the billiard room, music room, library, and dining room. Located at ground level are the main kitchen, swimming pool, gardens, and inner courtyard. Additionally, there is a large terrace accessed by a single staircase and a pizza kitchen accessed by four stairs from the ground floor. Private areas of the Villa used by the owners are not available for guest use at any time.
The Villa has a secured gated entrance. Guest parking is included in your reservation and is provided within the secured grounds in front of the Villa.
- Accessibility and Guests Needing Special Assistance:
Villa Benelli is a historic property consisting of multiple levels with no elevator access; therefore, it is not suitable for people with limited mobility who cannot use stairs. Specifically:
- The Villa does not have an elevator and does not accommodate wheelchairs or walkers.
- The staircases to access the Tomas, Anna, and Margherita guest suites have 36 steps total.
- The staircase to access the Nilsson guest suite has 42 steps.
- The Coral guest suites are located on the ground floor with private access from the Villa front entrance and from the Villa courtyard.
- The common rooms are located on the second floor and accessed by a single staircase.
- The main kitchen is located on the ground floor.
- The pizza kitchen is four steps down from the ground floor.
Villa Benelli’s staff and service providers cannot provide individual assistance to a guest for walking, dining, entering and existing transportation vehicles, or other personal needs. Guests who need such assistance are asked to review Section 2.5 Tour and Optional Activities: Activity Levels prior to making a reservation.
- Animals:
Pets, service animals, companion animals, or support animals are not allowed in any area of the Villa or its grounds at any time.
- Health:
Guests are advised to bring an adequate supply of their required medications. Not all medicines are readily available in Italy.
Travel insurance that provides emergency medical services is advised for the duration of your travels.
2.0 Tours, Optional Activities, Reservations, and Payments
2.1 Tours: General Description:
All tours include suite accommodations at Villa Benelli and use of the common rooms, gardens, and swimming pool. Meals and activities are as specified in the selected tour’s itinerary. Optional services, activities, and tours may be added to a tour based on availability and for an additional charge.
All-Inclusive Tours are offered to Groups. These tours require a minimum group size of two (2) and maximum group size of seven (7) people to conduct the tour. The Group will be the only guests at the Villa and have exclusive use of the Villa.
Half-Board Villa Tours are offered to individuals and groups and include accommodations at the Villa on a per-night basis. Breakfast and dinner are included; however, the Tour Fare does not include any additional meals and/or optional activities unless as specified. Villa Benelli can accommodate a maximum of twelve guests (at double occupancy) at any one time. There is a two-night minimum stay required for the half-board Villa tour and is subject to availability.
2.2 Tour Prices:
Tour prices include accommodations, meals, activities, and services as specified in the tour itinerary. Prices for optional activities, services, and meals are in addition to the tour price. Gratuities not specifically mentioned are not included in the tour prices.
Tour prices include Land Only arrangements and do not include air or train transportation.
All tour prices are subject to change until a deposit is paid.
2.3 Tour Reservations and Payments:
All reservations are based on availability. Once a reservation is confirmed, a deposit of fifty percent (50%) of the total price of the tour is required to secure the reservation. Payment in full is due at least thirty days prior to the start date of the tour. Failure to make the full payment by the due date will result in a forfeiture of the reservation and all monies paid for the tour.
Villa Benelli accepts payments made by Visa, MasterCard, and American Express credit and debit cards, and by bank electronic funds transfer. Payments are in Euros and are made to VILLA GOBBI BENELLI MASSAROSA.
The Villa will reserve its guest rooms based on availability and will honor specific room requests on a first-come, first served basis if the room is available. A guest room is reserved once a deposit is paid.
Guests are required to inform Villa Benelli of any food allergies and intolerances at the time of reservation.
At least thirty days prior to arrival at Villa Benelli, guests using Villa Benelli’s arranged car transportation service are required to inform Villa Benelli of their arrival and departure itinerary.
2.4 Optional Meals and Activities: Reservations and Payments:
Optional tours and activities may involve the services of third parties and require advance reservations and payment to secure the reservation. All optional activities are based on availability and require non-refundable, full payment at least thirty days prior to the start date of the tour.
Optional meal reservations are required at least seven days prior to arrival and payment must be made upon arrival to the Villa.
2.5 Tours and Optional Activities—Activity Level:
Villa Benelli provides activity level information in the tour itinerary. Generally, the activity level is easy to moderate. Activities include standing for cooking lessons, walking up and down the stairs at the Villa, and walking up to four hours on a variety of surfaces during walking tours.
The expected activity level for optional activities will depend on the activity. Questions regarding expected activity levels are to be communicated to Villa Benelli.
By reserving a tour and any optional activities, the guest acknowledges their understanding of the expected activity levels and their ability to safely participate in the activities.
2.6 Guest Participation:
The guest is responsible for their choice to participate or not participate in any activity included in the tour itinerary and any optional activities. Should the guest choose to not participate in an activity for any reason, the guest will not be refunded any money paid for the activity.
2.7 Tours and Optional Activities: Transportation:
Guests of Villa Benelli with private vehicles may park securely at the Villa free of charge.
Villa Benelli’s transportation service uses its private vehicles and contracts with a private transportation service provider for professional car and coach service. For guests using Villa Benelli’s transportation service, the following terms apply:
- For arrivals, Pisa airport and train station pickup times are 3:00pm to 6:00pm.
- Departures from the Villa are scheduled 8:00am to 12:00pm.
- Guests are requested to communicate their arrival and departure times to Villa Benelli at least 30 days prior to arrival.
- For multiple pickups or drop-offs in one day, the Villa’s transportation vehicles will be organized based on the timetables provided and the grouping of passengers per transit.
- Requests for a specific pick-up or drop-off time are to be communicated to Villa Benelli at least 30 days prior to arrival. Guests may be charged extra for the requested transportation service.
- Luggage is limited to 1 piece of medium-sized luggage, 1 backpack-sized item, and 1 personal item per guest. At least seven days prior to the tour start date, guests are asked to communicate to Villa Benelli the number of pieces of luggage to be transported with them.
2.8 Final Documents Review, Corrections, and Changes:
Upon receipt of the final tour itinerary, guests are required to carefully read this document to ensure their understanding and allow time for any questions or changes. Guests must contact Villa Benelli at that time for any questions or requests for changes and allow adequate time for a correction or change to occur. Villa Benelli will make any needed changes and resend the documents. Guest-requested itinerary changes within 30 days of the tour start date will not result in any refund to the guest and may result in additional charges to the guest.
2.9 Errors:
In the case of any errors in verbal or written communications, or documentation such as printing errors, typographical errors, computer errors, and billing errors, Villa Benelli reserves the right to correct the error. This may involve providing new documents, such as invoices and itineraries, to guests.
3.0 Travel Insurance:
Villa Benelli recommends you purchase a travel protection plan to help protect you and your travel investment against the unexpected. Travel protection plans can include coverage for Trip Cancellation, Trip Interruption, Emergency Medical and Emergency Evacuation/Repatriation, Trip Delay, Baggage Delay, and more.
4.0 Cancellations, Changes, and Complaints
4.1 Tour and Activities: Cancellations by Villa Benelli:
Unforeseen circumstances may occur that impact the ability of Villa Benelli to provide a scheduled tour or activity. Should Villa Benelli cancel a tour and/or activity, Villa Benelli’s sole responsibility is to provide a complete refund of monies received for the cancelled tour and/or activity without any other liability whatsoever, including any additional costs or fees incurred by the guest related to cancellation of airline tickets or other travel reservations.
Weather conditions and other Force Majeure circumstances that prevent a tour or activity from proceeding are not cause for reimbursement to the guest. Villa Benelli will consider reimbursing the guest any money prepaid to the best of their ability but cannot guarantee a reimbursement of any amount.
Villa Benelli reserves the right to decline, accept, or retain any person as a guest prior to the start of a tour and during the tour. If exercising this right results in a cancellation of any part or the entire tour, Villa Benelli will refund the amount paid by the guest for the unused accommodations and Villa meals only.
4.2 Tour and Activities: Cancellations by Guests:
In the case of a guest cancellation of a tour reservation, the guest must notify Villa Benelli of the cancellation as soon as possible. Cancellation of a tour reservation occurring before final payment is made will result in either the forfeiture of the deposit paid or the transfer of the deposit money to a new tour reservation scheduled within one year of the original reservation.
A cancellation of a tour reservation by the guest that occurs after final payment will result in the forfeiture of all monies paid for the reservation.
A guest cancellation of an optional service, activity, or tour will result in a forfeiture of any monies paid for those options. Monies paid cannot be transferred to another option.
Guests may cancel a reservation within 72 hours of making the reservation without penalty and receive a full refund of monies paid.
4.3 Tours and Activities: Changes:
Villa Benelli reserves the right to change the tour itinerary or activities at any time as necessary for the smooth operation of the tour. Any refund to guests will depend on the circumstances causing the change to the tour.
4.4 Tour and Activities: Complaints:
Villa Benelli requests the cooperation of the guest in communicating any issues pertaining to the tour and activities and to participate in the resolution of any such issue. Should such an issue result in a guest complaint, Villa Benelli reserves the right to verify the reasons for the guest’s complaint. If the complaint is substantiated, the customer will be refunded monies paid in proportion to the extent of the damage suffered.
Villa Benelli’s historic structure, equipment, furnishings, and features are characteristic of a large private residence and do not reflect the standard classification used by hotels. Therefore, these elements will not be considered grounds for complaint.
5.0 Responsibilities:
Villa Benelli is not responsible for any negligent or willful act or failure to act of any person or entity, nor for any act or inaction of any other third party not under our control.
Without limitation, Villa Benelli is not liable for any direct, indirect, consequential, or incidental damage, injury, death, loss, accident, delay, inconvenience, or irregularity of any kind which may be occasioned by reason of any act or omission beyond its control, including, without limitation, any willful or negligent act, failure to act, breach of contract of any third party, such as an airline, train, hotel, restaurant, or food supplier; bus, taxi, van, or local ground handler; local outfitter or guide, which is, to, or does supply any goods or services for this trip.
Villa Benelli is not responsible for any loss, injury, death, or inconvenience due to delay or changes in schedule or failure of any transportation mechanism to arrive or depart safely; overbooking or downgrading of accommodations; insolvency or default of any third party; acts of government; bites or attacks by animals, insects or pests; sickness; the lack of appropriate medical care; evacuation to same, if necessary; weather; strikes; acts of God; acts of terrorism or the threat thereof; events of force majeure; war; quarantine; epidemics or the threat thereof; criminal activity; or any other cause beyond its control.
5.1 Force Majeure:
Villa Benelli shall not be liable to the guest or be deemed to be in breach of this Agreement by reason of any delay in performing, or failure to perform, any of its obligations under this Agreement if the delay or failure was beyond Villa Benelli’s reasonable control (including, without limitation, any strike, lockout or other industrial actions, act of God, natural disasters, war or threat of war, accidental or malicious damage, social instabilities and unrest, pandemic events, or prohibition/restriction by governments or other legal/de-facto authority and also the inability of the Client to provide foreign currency in the country where the work shall take place), and for any unforeseen adverse circumstances that could not have been prevented or overcome by exercise of reasonable care by Villa Benelli (the “Force Majeure”).
If Villa Benelli is prevented, hindered, or delayed from performing any of its obligations under this Agreement by reason of Force Majeure, Villa Benelli shall be relieved from the performance of its obligations under this Agreement, without liability, for a period equal to the duration of the event or condition of Force Majeure. Villa Benelli shall notify the guest of the nature, extent, effect and the circumstances constituting Force Majeure.
For the avoidance of doubt, the guest shall not be released from any of its obligations or liabilities under this Agreement arising prior to an event or condition of Force Majeure, and this Agreement shall remain in effect for the duration of the event or condition of Force Majeure.
In case of Force Majeure, it remains understood that any payment(s) of the Fees made by the guest shall be considered as revenue by Villa Benelli, as a compensation for the damages or loss of earnings of Villa Benelli; and in no case the guest shall be entitled to reclaim the sums already paid to Villa Benelli.
5.2 Code of Conduct:
To provide a safe and friendly experience, Villa Benelli expects guests, Villa staff, and service providers to respect appropriate behaviour standards prior to and throughout a tour.
Guests are asked to immediately communicate any complaints regarding conduct to the Villa Host or the reservations contact person.
5.3. Data Protection Notice:
Villa Benelli shall process, including using digital technologies, the personal data of the guest and/or the individuals working at the guest’s (which may be characterized as “data subjects” in accordance with the law), obtained or provided during and in relation with the performance of the Engagement, pursuant to laws and regulations, including Regulation (EU) 2016/679, the “GDPR”, and legislative decree 196/2003 as amended (the Privacy Code) as well as the measures in force from time to time which apply to the personal data processing carried out pursuant to the Engagement, hereinafter (the “Applicable Data Protection Legislation”).
Where necessary, the guest agrees to bear the responsibility to inform its directors, officers, employees, independent contractors and/or any other related third parties, who are members of its organization, or acting in other capacities, of the processing of their personal data by Villa Benelli for the purpose of providing the Agreed Services under the Engagement.
Purpose of processing shall be (i) to carry out the Agreed Services under this Engagement, (ii) to meet administrative and accounting requirements, (iii) to comply with a domestic and/or EU legal or regulatory obligation, (iv) to exercise and defend Villa Benelli’s rights, including in debt collection procedures, through third parties or otherwise, (v) to send guests information or update circulars, or legal and tax newsletters, the guests may request the forwarding of such communications be discontinued, and (vi) to notify personal data to third parties (specially journals) to carry out guest satisfaction surveys.
Data processing for the purposes under points (i) and (ii) is necessary for the performance of the Engagement pursuant to article 6(1)(b) of the GDPR and therefore, failure to provide the personal data required for the performance of the Engagement shall result in the Villa Gobbi Benelli’s inability to carry out the service; data processing for the purposes under point (iii) is necessary to enable Villa Gobbi Benelli to carry out the legal obligations or the obligations however deriving from and/or related to the agreement pursuant to article 6(1) (c) of the GDPR; data processing for the purposes under point (iv) is necessary, pursuant to article 6(1) (f) of the GDPR, to pursue the legitimate interests of Villa Benelli, which are fairly balanced with the guest’s interests, since the processing of personal data is limited to that strictly required for the purposes for which it has been obtained; data processing under point (v) is a legitimate processing pursuant to the applicable Data Protection Legislation which does not require consent, it being understood that upon the relationship, or at any time thereafter, guests may request that forwarding of such communications be discontinued; finally, data processing under point (vi) requires the data subject’s consent pursuant to article 6(1)(a) of the GDPR.
The special categories of data referred to in article 9 (“Sensitive Data”) and article 10 (personal data relating to criminal convictions and offences) of the GDPR will be processed strictly within the limits necessary to properly carry out the relationship and, in any event, in compliance with the applicable data protection legislation.
Data shall be processed in any manners and using instruments which ensure their security and confidentiality. Sensitive Data may be disclosed to Villa Benelli as persons in charge of processing or authorized to processing, subject to specific confidentiality obligations, as well as any public or private entities to whom the data are to be disclosed to carry out the purposes set out above or consistently with them, including but not limited to, banks, auditors, insurance companies, debt collection companies, companies in charge of the management and/or maintenance of the Villa Gobbi Benelli’s digital systems, in a capacity, as the case may be, as independent controllers or external processors. An updated list of external data processors is available at the offices of the Personal Data Controller as identified below.
The guest’s Sensitive Data shall not be transferred outside the European Union, unless strictly necessary for the performance of the agreement, and in any case shall be transferred to countries which provide adequate guarantees of data security and protection pursuant to articles of the GDPR.
The guest may ask the Personal Data Controller to exercise the data subject’s rights under the applicable data protection legislations including, in particular, the right to (i) access the data (among other things, to know the origin of data, the purposes and manner of processing and the logic involved, as well as the identification details of the Personal Data Controller, the processor and the categories of persons whom the data may be disclosed to), (ii) have the data updated, rectified or erased (including rendering data anonymous or blocking) , (iii) ask for restriction of processing or to object to the processing, (iv) request data portability, if the relevant conditions are met, (iv) withdraw consent at any time. The data subject shall also have the right to file a complaint with the relevant supervisory authority.
The guest’s Sensitive Data shall be stored for the time strictly necessary to attain the purposes of the agreement; and in any case for the maximum period of time provided by the applicable statute of limitations for the exercise of rights and/or the taking of action. Additional information on the period during which personal data are stored and the criteria used to determine such period may be requested by writing to the Personal Data Controller at the address provided below.
5.4 Severability:
Should any provision of this GT&C be declared void or non-enforceable, such declaration shall not affect the rest of this GT&C, which shall be fully valid and enforceable. The guest shall be released from all the rights and obligations arising out of the provision declared void or unenforceable, but only to the extent, such rights or obligations are directly affected by such invalidity or unenforceability. In this case the Parties shall negotiate in good faith in order to replace the provision declared void or unenforceable with a new provision valid and enforceable, which preserves the original intentions of the Parties.
5.5 Entire Agreement and Governing Law:
This GT&C sets forth the entire intent and understanding of and between the Parties relating to the subject matter hereof, and neither Party shall be bound by any condition, definition, representation or warranty other than those expressly set forth herein or as subsequently set for in writing.
This GT&C shall in all respect be governed by and construed in accordance with the laws of Italy excluding rules of conflicts of laws.
5.6 Applicable Law and Jurisdiction:
The Offer to sell, the Purchase Order and the related Confirmations are regulated, governed and interpreted from every point of view by Italian law, except as expressly provided for in this Framework Agreement or/and in the Special Conditions contained in the individual Order. The Parties shall exclude the applicability of the Vienna Convention on Contracts for the International Sale of Goods. The exclusive jurisdiction will be the Italian one.
5.7 Arbitration and Competent Exclusive Court:
The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any disputes that arise in relation to the relationship and the individual documents governing it including those relating to their validity, interpretation, execution and resolution will be referred to the decision, by ritual means, of a single arbitrator, irrevocably identified by the Parties in the person of Avv. Debora Ianniello, with studio in Viareggio (LU), Via Roma n. 24. The arbitration will be based in Viareggio (LU). The decision will be taken, in accordance with the law, in accordance with the law. The Lodo will be un appealable and unappealable. The costs of arbitration (competences of the Sole Arbitrator and the Secretary appointed by the Sole Arbitrator will be conventionally and provisionally borne by the Buyer, without prejudice in any case to the passive solidarity of the parties and unless otherwise agreed when drafting the Award. Failure to pay the expenses and competences of the Single Arbitration, already accepted by the parties in the amount provided for in DECREE 55/14 and subsequent amendments and additions by value scale and taking into account the maximum parameters, to be carried out no later than 15 days from the first arbitration hearing, will entail the improcedibility of the request for arbitration, while remaining valid and effective this arbitration agreement. The parties specify and agree that the contract, in case of ineffectiveness and/or invalidity and/or nullity of the aforementioned arbitration clause, or in case of impossibility on the part of the only arbitrator already appointed to assume the task of arbitrator for one of the causes of incompatibility, is exclusively competent for any dispute that derives, directly or indirectly, the Court of Lucca.
April 2024