Terms & conditions
RENTAL TERMS AND CONDITIONS / As of Feb 23, 2026
The following rental terms and conditions are an integral part of the holiday rental contract:
General: PETRA WIECKHORST – Lessor of the property, trading under the commercial name VILLA 5 I APARTMENTS (hereinafter: VILLA 5), provides her property exclusively for tourist purposes for the period agreed in the rental contract, furnished and complete with the equipment listed in the inventory displayed in the accommodation. The Tenant chooses the rented accommodation solely as a domicile for the duration of his/her stay, without transferring his/her residence (not even for the purpose of serving documents in connection with this contract). The Tenant has inspected either the published images of the accommodation, the images received by e-mail, or the accommodation itself and considers them suitable for his/her needs and purposes. If the Tenant is not an Italian citizen, he/she authorises the Lessor to request his/her tax identification number (Codice Fiscale) if necessary.
1. Booking, Rental Contract, Down Payment, and Security Deposit Your booking can be made remotely/verbally, in writing, or online.
- Remote/verbal rental contracts are valid for both parties.
- For the conclusion of a written rental contract, the prepared contract including the rental terms and conditions will be sent by VILLA 5 to the prospective tenant by post or e-mail. The contract is only concluded if a copy signed by the Tenant is received by the Lessor by post or e-mail by the deadline stated in the cover letter (usually dispatch date + 5 days). The rental contract and the down payment will be confirmed to the Tenant in writing.
- In the case of an online booking, the rental contract including the rental terms and conditions is concluded by entering the guest booking data into the online input mask of the website and the booking being bindingly confirmed by the Lessor via e-mail with a booking confirmation. The down payment calculated in the contract must be paid within 5 days.
A security deposit is due upon booking. The deposit will be released after the stay, provided there are no damages or breaches of contract. If such damages or breaches of contract arise he security deposit will be offset against the costs for repairing any damages to the property and/or the furnishings. The Tenant is liable for all damages, even if they exceed the amount of the security deposit. The security deposit cannot be offset against the rent.
2. Balance Payment and Additional Payments The balance payment amounting to 70% of the rental price must be received by the Lessor no later than 14 days before arrival without further request. In the case of a short-notice booking (see 1. A.), the total amount is to be transferred immediately. Additionally, a separate Tourist Tax (Tassa di Soggiorno) is to be paid at check-in in accordance with the applicable municipal regulations and Art. 4 of Legislative Decree No. 50/2017, as amended by Law No. 96/2017. The tourist tax is calculated based on the number of guests in the accommodation.
3. Withdrawal, Cancellation, No-show, Termination The Tenant may withdraw from the contract at any time before the start of the trip. The decisive factor for calculating the fees incurred is the receipt of the written notice of withdrawal by e-mail at VILLA 5. Our standardised claim for cancellation fees is generally:
- up to 30 days before arrival: free cancellation possible
- from 30 days before arrival: 30% of the accommodation price / after this deadline, the down payment will be retained
- from 14 days before arrival or in case of no-show: 100% of the accommodation price.
If the holiday property is re-rented for the entire cancellation period and at least at the full price after cancellation, a processing fee of € 50.00 will remain. If the holiday property is not rented out on all days and/or at a lower price, the difference must be compensated. The Tenant may designate a third party who wishes to use the holiday property during the same period under the same conditions; VILLA 5 accepts this change of contract. The notification of a substitute person must be made in text form. The conclusion of travel cancellation insurance is recommended. In the event of early departure, there is no right to a refund of the rental price. In the event of a breach of the provisions of this contract or serious misconduct, the Lessor may demand the immediate vacation of the property without refund of the rent.
4. Equipment, Linen, Utilities The accommodation is handed over in good, clean, and functional condition, with equipment according to the displayed inventory list. Upon arrival, the beds are made for each registered person and towels are ready (initial supply: bed linen, 2 towels & 1 bath towel per person). Children's bedding and towels for travel cots must be brought by the guest. The costs for electricity, water, and gas are included in the rental price.
5. Tourist Tax The tourist tax is levied by the Municipality (Lonato del Garda) and is based on the respective valid assessment. The Lessor is obliged to collect the tourist tax from the guest. The fees listed in the rental contract are based on the levy valid on the day of the stay. Should the daily rates change for the rental period, the guest is obliged to pay the corresponding additional costs.
6. Force Majeure If the fulfillment of the rental contract is made immediately and significantly more difficult, endangered, impaired, or becomes impossible as a result of force majeure (natural disasters, war, civil unrest), both parties may withdraw from the rental contract.
7. Condition of the Rental Object, Exclusion of Liability Minor deviations of the rental object, particularly regarding individual equipment features from the images shown on the internet or elsewhere, are possible and do not constitute a defect as long as the usability is not altered. In the case of a defect in the rental object not caused intentionally or by gross negligence on the part of the Lessor, any liability of the Lessor for damages due to non-fulfillment is excluded. The Lessor is entitled to enter the rental object for the purpose of cleaning, carrying out necessary repairs or maintenance work, or in case of imminent danger, even in the absence of the Tenant. The Owner is not liable for loss or damage to items brought in by you, including cars & bicycles; the bringing of own property into the rental object, including parking the car or bicycle in the parking lot or parking space, is at your own risk.
8. General Obligations Lessor and Tenant mutually authorise each other to pass on their personal data to third parties in connection with the obligations arising from the rental contract (Legislative Decree 196/2003 and Regulation 2016/679). In order to comply with the general obligations of mutual fairness and transparency as well as the specific obligations regarding the transmission and disclosure of personal data of guests to the Police Headquarters in accordance with Article 109 of the Consolidated Law on Public Security (T.U.L.P.S.), the Tenant is obligated to present their identification documents to each other before entering the accommodation; likewise, the Tenant will present suitable identification documents for the guests invited by the Tenant to stay in the accommodation to the Lessor in advance. Any penalties incurred for failure to report shall otherwise be borne by the Tenant.
Any complaints regarding the rental object (including those regarding the state of cleaning) must be reported to the Lessor immediately (within 24 hours after check-in) by e-mail so that remedial action can be taken within a reasonable period. Otherwise, it is assumed that the rental object was found to be to fully satisfactory. Complaints regarding events or circumstances that could cause significant damage or require compensation must be addressed to the Lessor in writing. In the event of a complaint, the Tenant undertakes to allow the Lessor the necessary time to remedy the situation. If a notification of defect is culpably omitted, all claims of the Tenant under the rental contract shall lapse. Complaints submitted after moving out and not previously reported in writing will not be considered.
The Tenant undertakes to comply with the waste separation system of the Municipality of Lonato del Garda. The disposal of waste outside containers provided for this purpose will be deducted from the security deposit.
Should the Tenant lock himself/herself out of the rental object and a specialist company has to be commissioned to open the entrance door, the Tenant shall bear these costs. In the event of loss or damage by the Tenant, the Tenant shall bear the costs for the purchase and installation of a locking system.
9. General Terms of Use The Tenant has the following duties: Compliance with the provisions of the law of the Italian Republic and the House Rules. In particular, the quiet hours from 11:00 PM to 8:00 AM and the local midday rest (approximately 1:00 PM to 3:00 PM) must be strictly observed. Parties and loud events are prohibited. All guests are required to comply with the currently applicable House Rules. (The House Rules are displayed in the rented apartments. If required, these can also be sent in advance as a PDF document.) No changes to the furnishings, no rearranging of furniture, and no drilling of holes in the walls. The Tenant may be expelled from the rental object in the event of violations of the rules of peaceful coexistence, violation of the House Rules, or breach of contract. A refund of the rent will not be made. Subletting to third parties is prohibited; the Tenant may not sublet or lend the object in whole or in part. Violations lead to the termination of the rental contract and forfeiture of the security deposit. The stated maximum number of persons includes children and infants. In case of overcrowding, we reserve the right to reject unannounced persons or to expel them from the apartment without the rental price being refunded in whole or in part. Furthermore, we reserve the right to demand payment for any additional utility costs in addition to the rental price.
All rented items that have been damaged or lost during the stay must be replaced by the Tenant. The Tenant is obliged to report all defects and damages occurring during the rental period immediately. The registering Tenant is personally liable for all fellow travellers. Smoking is not permitted in the holiday apartment. In the event of non-compliance, the Lessor is entitled to terminate the apartment without notice, have it vacated, and pass on all consequential damages to the guest without deduction.
During the stay, every Tenant is obliged to keep the apartment clean themselves. On the day of departure, the apartment is to be handed over in a well-swept state (empty waste bins; dispose of bottles, plastic, organic waste, and paper in the provided containers; wash up; empty dishwasher) with electrical appliances switched off, and windows and doors closed. Costs incurred for necessary cleanup operations after departure will be invoiced separately based on actual expenditure.
The use of the accommodation is subject to the applicable rental regulations for short-term rentals with a tourist purpose, with the exception of the deviating provisions of this contract, which are supplemented by the contract sent by e-mail or the terms of use of the accommodation handed over directly to the Tenant and in any case displayed in the accommodation, the provisions of which the Tenant knows, has fully understood, and accepts.
10. Small Animals / Pets Unless not approved by the Lessor and agreed in the contract, no pets may be admitted to the rental object. Animals brought along without the prior permission entitle the Lessor not to permit the stay or to levy an additional fee of 300 €. If the Lessor permits a pet with prior written consent, the Tenant is responsible for the care, hygiene, and safety of the animal as well as for all damages caused by the animal to property or persons. Pets are strictly prohibited on upholstered furniture, sofas, and beds. Violations will result in an increased final cleaning fee. A fee for pet cleaning applies. Further additional costs will be deducted from the security deposit.
11. Internet Use in Holiday Properties Internet/Wi-Fi is only available if explicitly mentioned in the rental contract. The agent/Lessor assumes no guarantee for constant availability. We point out that the agent/Lessor has no influence on data volume, speed, and condition of the network operation and liability is excluded. The Tenant undertakes not to use the internet connection for:
- Dissemination or receipt of punishable and/or illegal and/or immoral content or reference to such content;
- Illegal contact initiation;
- Use of peer-to-peer networks ("file sharing");
- Violation of national and international copyright, trademark, patent, name, and labelling rights as well as other industrial property and personal rights;
- Intrusion into foreign data networks, data storage, or end devices ("hacking");
- Establishing connections that result in payments or other considerations by third parties to the customer or third parties;
- Unsolicited sending of messages ("spamming");
- Use of facilities or running applications that lead or can lead to disruptions/changes in the functionality or structure of the provided internet connection.
Insofar as the Tenant violates these duties, he/she is liable for damages. If the provided TVs have streaming services or accounts belonging to the Lessor (e.g., Netflix, Prime Video, pay TV) pre-installed, the tenant is prohibited from any chargeable transactions (e.g., buying or renting movies, subscribing to services). The tenant is liable for all charges incurred through their use, plus a processing fee. The Lessor is entitled to deduct these costs directly from the security deposit.
12. Arrival / Departure Booked apartments are available to the guest from 4:00 PM on the day of arrival. In case of a Late Check-In after 6:00 PM, timely feedback is requested. The handover of keys takes place at VILLA 5 | APARTMENTS | VIA TONALE 5, 25017 BARCUZZI (BS) or as a PIN code via email or SMS. On the day of departure, the apartment is to be handed over to VILLA 5 properly – free of persons and tenant's objects – by 10:00 AM.
13. Liability The liability of the Lessor is generally limited to intent and gross negligence and applies within the scope of the duty of care for the proper provision of the rental object. The Lessor cannot be held liable for road or construction works for which she is not responsible herself. The Lessor is liable for damages based on an intentional or negligent breach of duty by the Lessor or an intentional or negligent breach of duty by a legal representative or vicarious agent, according to statutory provisions. The lessor’s liability in this respect is limited to the full amount of the rent receivable from the Tenant in connection with the holiday rental agreed in this contract. The Lessor is not liable for theft, loss, or damage to persons or property of the Tenant, except in cases provided for by law.
14. Breach of Contract In case of unforeseen circumstances, the Lessor offers appropriate alternative accommodation or refunds the full amount paid. The lessor’s liability in this respect is limited to the full amount of the rent receivable from the Tenant in connection with the holiday rental agreed in this contract. Refusal of access is possible in case of: Deviation from booking and tenants, false information, missing documents, unpaid amount, unpaid security deposit. Delayed departure by the Tenant leads to claims for damages and, if applicable, retention of the security deposit. The Tenant may be expelled from the premises in the event of violations of the rules of peaceful coexistence or breach of contract. A refund of the rent will not be made.
15. Applicable Law and Jurisdiction This contract and the entire legal relationship between the parties are subject exclusively to the law of the Italian Republic (Legge Italiana). The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is, to the extent permitted by law, Brescia (Italy).
16. Severability Clause
Should any of these provisions be ineffective, the effectiveness of the remaining provisions shall not be affected thereby. All terms and conditions of an older date loose their validity with the publication of the new terms and conditions. The Lessor is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
