The following contract is entered into between the undersigned of the following terms and conditions (referred to as the “lessor”) and Itaca Srl with registered office in Milan, Via Besana 9, C.F./P.I. 11181220960, email info@itacahomes.com in the person of its pro-tempore legal representative, in its capacity as agent with representation of the owner of the property covered by this contract.
The reservation of the property is to be considered confirmed when the first collection provided for by the reservation is credited to ITACA’s bank account.
The property is leased exclusively for residential use for tourist purposes, for the purpose of allowing the tenant to stay for a short vacation period, excluding any other purpose. Therefore, the tenant declares that he or she usually resides in his or her main residence.
The tenant declares having viewed the real estate unit within the page dedicated to it in the digital catalog www.itacahomes.com and that he found it suitable for the agreed use.
When he receives the keys to access it, he will be constituted custodian of the thing rented and therefore undertakes to return it in the same state in which he received it, except for the deterioration of use, under penalty of damages.
At the time of booking, the number of guests admitted to the facility during the vacation will be highlighted: the number of guests accepted at check-in cannot differ from this. Check-in, which may take place between 3 p.m. and 9 p.m., coincides with the registration of guests at the villa; no other guests are allowed inside the facility even during daylight hours unless agreed and accepted in advance by ITACA. If during the stay the need arises to increase the number of guests by occupying any unused rooms in the facility, this must be agreed with ITACA in order to find a possible agreement, including on the economic plan.
Check-out must take place by 10 a.m. Any requests for early check-in and/or late check-out will be evaluated for the purpose of their acceptance and possible additional quotation by the landlord.The Tenant acknowledges that the Landlord undertakes to ensure the usability of the spaces to be rented and, should it fail even partially (e.g., due to damage or malfunction), to promptly notify ITACA and restore as soon as possible the conditions that allow the smooth continuation of the service.
The Tenant also acknowledges that the Landlord makes himself a guarantor of the state of the property and its compliance in every legal respect, and shall comply with the requirements of the Laws and regulations in force, both civil and fiscal, regarding the lease and contractual relations with the Guests/Landlords of the property, including the communications required by Law regarding the occupation of real estate.
ITACA’s proposed properties often find their very beauty in their condition of isolation or location, from which the need for special care on the part of the tenant may arise.
Terraces and roofs: some of the proposed properties possess terraces or roofs that can be visited. High-lying places can by their very nature be dangerous, especially at night and in the presence of children; it is therefore the responsibility of the tenant to monitor and take responsibility for any accidents occurring in these spaces.
Swimming pools/beaches: some of the proposed properties house swimming pools, water reservoirs or direct access to the sea. The presence of these is always communicated in the announcements prior to booking and ITACA recommends articulating care to guests, remembering that the control of children or persons unable to swim is the responsibility of the guests themselves, and the lessor, much less ITACA, which is merely its agent, can be held responsible for any accidents that may occur near water reservoirs on the property. Use will therefore take place at the sole responsibility of the client, relieving the Principal and the Mandatary from any responsibility in this regard from the moment of acceptance.
Ravines or obstacles: some of the proposed properties are located on large, often agricultural land, where nature more or less controlled defines the landscape, for this reason special care is required as much towards any unevenness or morphological irregularities of the terrain as towards the flora and fauna that reside on the properties. The lessor, much less ITACA, which is merely its agent, cannot be held responsible for injuries or damages caused by falls, scratches, punctures or the like occurring on the properties.
The tenant takes note of the fact that the properties proposed by ITACA represent excellences, and as such must be protected.
He also takes note of the fact that ITACA advocates that each landlord take out an appropriate insurance policy both for third party liability and for damage to the building and its contents. Nonetheless, the tenant is always held liable for damage caused to the property of which he is constituted custodian: not only as to damage caused to the building, its furnishings and all its contents, but also more generally as to damage caused directly or indirectly to the vegetation, furnishings and installations surrounding the properties.
The deposit deposited before entry by guests shall not be considered as a limit of compensable damage. The value of individual items damaged, removed or destroyed is defined by the cost of replacement when new or, if replacement is not possible (e.g., unique pieces, works of art etc.), by their market value.
The tenant shall constitute in the hands of the landlord, paying it to ITACA in its capacity as its agent, a non-interest-bearing security deposit as a guarantee of the contractual obligations, a deposit that will be returned to the tenant party at the expiration of the contract, subject to verification of the tenant party’s regular fulfillment of its contractual obligations, and in particular that of not causing damage to the property and its contents. For stays booked for the period of August and Christmas holidays, the deposit is expected to be made only and exclusively by credit card payment.
The tenant, before the stay begins, is granted the right to terminate this contract by sending e-mail to the other party at info@itacahomes.com.
The withdrawal will be accepted only after confirmation always by e-mail from Ithaca.
Upon written cancellation by the guest and subsequent confirmation by ITACA, no penalty will be withheld in case of cancellation in the first 48 hours after booking.
Ithaca will withhold a cancellation fee of 40% of the total reservation value in case of cancellation within the third week prior to the beginning of the stay.
Ithaca will withhold a penalty of 80% of the reservation value in case of cancellation from the third week from the beginning of the stay until the day of the scheduled check in.
Ithaca in case of no show by the guest on the day of check in will charge a penalty of 100% of the reservation value.
The tenant is prohibited from subletting or granting to third parties, even precariously and/or temporarily, the enjoyment of the property, under penalty of ipso jure termination of this contract.
In the event that the guests’ behavior should be interpreted by ITACA as dangerous towards the property, its contents, the staff or the guests themselves, ITACA reserves the right to terminate the contract, interrupting the stay and withholding the deposit as a penalty, without prejudice to further damages. Any hostile attitude toward villa staff or service providers, if any, may be considered dangerous by ITACA, which may decide without consequence to terminate the contract or the provision of the ancillary service by discontinuing the individual service or stay with a view to protecting its employees. The conduct of any illegal activity within the properties will lead to the immediate termination of the agreement between the parties with the withholding of the security deposit, any further damages may be demanded from the client due to even image damage resulting from the aforementioned.
For anything else not provided for in this contract, please refer to the general rental terms and conditions as well as to the Civil Code regulations on the rental of real estate.
For any controversy or dispute that may arise in the interpretation and execution of this contract, sole and exclusive place of jurisdiction shall be Milan.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the tenant party, after re-reading, expressly and specifically approves the following articles of this contract: Article 4 (property characteristics and safety), Article 7 (right of withdrawal and penalty), Article 8 (express termination clause), Article 10 (disputes).
Itaca S.r.l.
VAT NUMBER 11181220960
A Carisma Holding Company
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