Esmeralda Faraone Mennella - Registered at the Registry of Agents in Business and Brokerage no. 740 pursuant to the M.D. 21/12/1990 no. 452 (L. 3/2/1989 no. 39) Insurance Policy (for the civil liability of the activity of estate agent under the Law no. 253 21/03/1959 and subsequent amendments and additions) contracted with Allianz – Rome, Italy
|RENTAL TERMS AND CONDITIONS|
A) The terms of the present agreement apply to the rental of a holiday house through Salento Nascosto Srl (SN).
B) Salento Nascosto Srl assumes, in the relationship with the client, both the role of intermediary and the role of representative of the property owner based on a power of attorney.
RESERVATION AND PAYMENT
1. Once the “Reservation Request” is submitted to SN, the availability of the requested property will be checked and, if available, the link to the on-line “Booking Form” will be sent to the interested party via email. From that moment, the property will be reserved for said interested party for a period of 3 days. During this period, said interested party, must send to SN the completed on-line “Booking Form” and transfer 30% of the total rental fee. After receiving them, SN will send by email the “Contractual Form” and its attachments which must be signed and sent back by email. Upon receipt of the same SN will send confirmation of booking.
Failing to complete even one of the above-mentioned conditions renders the reservation invalid. Once the confirmation of the rental is received, the tenant must pay the balance, at the latest, 45 (forty-five) days prior to the start of the rental period, except in the case of a cancellation request submitted in accordance with item 6 below.
Should the balance payment not be made within the stipulated terms, the contract will be dissolved and the deposit retained.
2. If the Rental Request is received within the 45 days preceding the start of the rental period, the total rental amount is due immediately and in one payment, following the confirmation of the rental property’s availability. The signed and completed contractual documents must be submitted along with the payment.
Failing to complete even one of the two above mentioned conditions, renders the reservation invalid.
3. SN is authorized to receive and issue receipts for every payment on behalf of the owner.
4. Attached to the “Reservation Application Form” is the “Descriptive Table” of the property which contains all the information and specifications of the property, which the tenant has the obligation to verify with respect to the information provided on the web site. No claim or complaint may be asserted other than those based on information in the “Descriptive Table”, unless they are addressed immediately upon receipt of the Table.
OWNER’S CANCELLATION RIGHT
5. Salento Nascosto Srl, as the owner’s representative, reserves the right to withdraw from the contract at any moment for reasons dependent upon the sudden unavailability of the property, or should it become unfit for occupancy. In such a case, Salento Nascosto Srl shall work to find an alternative property of the same type and having the same qualitative level. If the tenant refuses the alternative property, he will have the right only to the reimbursement of what was paid, with express renouncement of any claim of damages.
CANCELLATION BY THE TENANT - CONDITIONS
6. The tenant may cancel the reservation in writing under the following conditions:
If the cancellation is requested prior to 45 days before the first day of the rental period, the tenant will not be entitled to receive a deposit refund.
If the cancellation is requested within the period of 44 to 31 days prior to the first day of the rental period, the tenant will be entitled to a refund of 40% of the established and paid total rental price.
If the cancellation is requested within the period of 30 to 15 days prior to the first day of the rental period, the tenant will be entitled to a refund of 20% of the established and paid total rental price.
If the cancellation is requested within the period of 14 days prior to the first day of the rental period until the conclusion of said rental period, the entire sum of the established and paid total rental price will be retained.
TRANSFERRING THE CONTRACT
7. The contract can be transferred only by express written authorization of Salento Nascosto Srl.
8. The prices indicated in the “Descriptive Table” refer only to the items listed therein. All prices are in Euro and must be paid in the same currency, net of bank and/or exchange rate commissions, through a bank transfer into the account in the name of Salento Nascosto Srl, as indicated on the “Reservation Application Form”.
9. Services not listed in the “Descriptive Table” are supplementary and, if offered by the owner, are subject to additional costs which shall be determined and paid at the end of the tenancy during check-out, when the keys are returned and the damage deposit refunded in accordance with item 11.
10. In case of partial rent of the property, were applicable, with a lower rate than the maximum rental price, a lower number of bedrooms will be available, determined on the basis of the agreement. The use of the property will still be for exclusive use.
For rentals shorter than one week, the costs of services and utilities included in the rental price will be adjusted according to the days of stay.
INTEREST-FREE DAMAGE DEPOSIT
11. The client shall pay a damage deposit equal to the sum indicated on the “Descriptive Table”. This deposit must be paid either along with the rental balance through a bank transfer, in cash (maximum €2.990), or by personal or cashier’s check (bankers draft) from an Italian bank upon delivery of the keys at check-in. The deposit shall be refunded at check-out when the tenant returns the property keys to SN, except in the event where damages are incurred during the rental period. The cost of any damages will be calculated according to the values established in the “Inventory” list. The sum of money corresponding to the value of the damaged goods will be withheld from the deposit, with the right to claim balance payment in the case of damages exceeding the deposit amount. In case of departures before 8.00 am, or in a different time from the agreed one, the deposit will be returned by bank transfer within 3 working days from the departure date.
ARRIVALS AND DEPARTURES
12. a) Check-in will occur between 5.00 p.m. and 8.00 p.m. on the first day of the rental period, if not otherwise agreed. For arrivals between 8:00 p.m. and 12:00 pm, check-in time must be agreed upon in advance and an additional charge of € 80 will be applied. After 12:00 pm check-in will be postponed to the following day unless other wise agreed. For check-in after 12:00pm, if agreed, an additional charge of €200 will be applied.
b) At the end of the rental period, check-out is by 10 a.m., if not otherwise agreed;
13. At the time of check-in, the tenant must sign the “House Rules”, “Inventory” and “Check-in/Departure Form” where the meter readings for property utilities will be noted, extra services, etc.
14. At the time of check-out when the keys are returned to the owner the parties shall take note of any utility usage in excess of the included amount and any possible damages, which will be withheld from the deposit. Prices of extra utilities use is subject to change and will be calculated in accordance with the price applied by the supplier. The signing of said form upon key return at check-out completes and concludes the rental relationship terms and releases the owner from any responsibility for events that were not contested in due time.
However, within the maximum term of 3 days from the re-delivery of keys, the owner has the right to claim compensation for possible damage to the property or to the objects existing therein that, although not noted at the time of the client’s departure, are found and assessed afterwards.
15. The tenant commits to inform every member of the rental group of all the conditions of this contract, and authorizes the handover of the rental house to any of the members of the group indicated on the “Reservation Application Form”. Each of these members is also expressly authorized to sign the documents related to the handover of the property (check-in) and/or the return of the same (check-out) with full consequences for the tenant.
INFORMATION AND RULES
16. During the period of tenancy the tenant binds himself so that:
a – the number of people occupying the property does not exceed the maximum sleeping capacity stated on the Descriptive Table;
b – the property is utilized by the tenant and his group only and exclusively for vacation use;
c – the property, its furniture, the kitchen utensils and everything that belongs to it will be maintained in good condition and everything will be left in the same state of order and cleanliness in which it was at the moment of the delivery of the property at check-in. When the tenant acquires the keys he will sign the “Inventory” document for the property and its contents and thus becomes custodian of the property and commits to using it with normal due diligence, assuming the responsibility for any damages to items, theft, fire, flooding due to negligence or neglect in the use of the rental property, etc.;
d – any damage or malfunction of the utilities (plumbing, electrical, heating, telephone, etc.) is not to be repaired by the tenant and shall be immediately communicated to the owner;
e – the owner and/or his representative is allowed access at any moment and for any justified reason during the entire period of the tenancy.
17. Should the property have a pool, it is acknowledged that the pool is not guarded and therefore the tenant assumes the risk and responsibility of any injury that could befall himself, his family, or his guests while using the pool and the property in general.
18. Use of the pool and the common areas is subject to the “House Rules” in regards to the hours of access and general use in accordance with the rules of good manners, in order to not disturb the owner and other guests.
19. The property is clean and in perfect order when the tenant takes possession. The tenant, if specified in the property description, is obligated to give the designated house cleaning fee to the owner or his representative. This cleaning fee does not include the cleaning of the kitchen contents such as dishes, pots and pans, etc., or the emptying and cleaning of the refrigerator, nor emptying the trash. These services are considered supplementary to the predetermined cleaning fee listed on the table and are subject to additional fees payable at check-out.
20. Wherever the utility costs (gas, electric, water, etc.) are not included in the property rental fee, they will be calculated based on actual consumption and paid at check-out.
21. All images and photos supplied are to be considered an indication, and they can be subject to change.
22. It is recommended that the tenant gets an insurance policy for the duration of the rental period.
23. Under article 4 of the legislative decree no. 23 of 14 March 2011, each Italian Municipality can apply to each reservation (cost per person per night) a tourist tax which, if due, must be paid in cash to the owner or his representative, upon departure at the moment of re-delivery of keys.
24. In the case of violation of the terms and conditions of the contract, Salento Nascosto Srl reserves the right, on behalf of the owner, to request at any moment for the tenant(s) to immediately vacate the property, without any reimbursement, and also retains the right to pursue compensation for possible damages to either the property or its contents.
25. With the signing of the present contract the rental agreement is regulated also by the attached documents, which are an integral part of it.
26. For any dispute, only the Court of Lecce (Italy) is competent.
The following documents must be signed and sent via post to Salento Nascosto Srl (Corte Guidone da Ravenna, 4 – 73100 Lecce, Italy):
- Reservation Application Form
- Reservation Terms and Conditions
- Descriptive Table
Legible signature ………………………………,……………………………………… Date ………………………………….
According to Art. 1341 c.c. the following clauses are expressly approved: 1,4,5,6,9,11,12, 14 +b,16,17,24,25,26
Legible signature ………………………………,……………………………………… Date ………………………………….
Protection of Personal Information
“Salento Nascosto Srl” guarantees the absolute respect of the rules of law regarding privacy (legislative decree 196/2003 and subsequent amendments and additions) with regards to all information and data acquired during the contractual process. The data will be used exclusively for the fulfilment of this contract, to provide information and documentation relevant to the contract by the undersigned parties, and for the monitoring of the quality of the service provided by “Salento Nascosto Srl”.