1) The initial booking term and any renewals thereof may not be changed or modified in any way except under the terms herein stated. No credit on rent will be given for late arrivals or early departures.
2) RENT & PAYMENTS TERMS
All rents will be paid in advance to the Booking agency as follows:
· A deposit of 30% of the total rent must be paid at the time of the booking.
· The balance of 70% can be paid: up to 30 days prior to arrival via Bank Transfer or: Cash only upon arrival.
If client selects cash payment, all monies must be paid in full by the first person checking into the flat. The apartment cannot be consigned to a partial member of your group and cash collected after check-in. If your group is arriving at different times, it is clients responsibility to make certain that the first person(s) arriving has the balance in full or risk not being able to access the apartment until the full amount due is paid. If all payments are not due in full and on time, the Agent reserves the right to treat the booking as cancelled and the cancellation charges set out below will be payable.
3) CANCELLATION
If the Client for any reason has to cancel the booking, he must immediately advise the Agent in writing via e-mail The amount of cancellation charge is determined by the date that the notification has been made.
Cancellation fees:
-30% of the total rent if the cancellation is made 30 days prior to arrival date;
-100% of the total rent if the cancellation is made 15 days or less prior to arrival date;
Payment Due Dates: Once the initial payment has been made, the Agent may take up to 3 business days to confirm the booking with the owner, after which the flat will be held for the Client. In the event the Client fails to pay the residual amount on the date due, the apartment may be booked to another client without further notification to Client. Client will then suffer the 30% cancellation fee, however, will have no right to reinstate the booking.
Agent right to Substitution or Cancellation: In the event of an unexpected cancellation for any reasons beyond Agents control, the Client will be immediately notified and entitled to a full refund or, if possible, an alternative booking. If an alternative is not available or if the alternative is not of the Clients liking, they shall be entitled to an immediate full refund. No damages whatsoever can be attributed to the agency for cancelled flights or costs incurred by Client. Client is hereby advised to obtain Travel insurance to avoid any potential loss.
4) CHECK-IN
Please note the check in and check out times. Clients cannot, unless upon prior approval, obtain keys or drop bags prior to check in time or leave bags in the house beyond check out times.
5) LATE RE-CONSIGNMENT OF THE PREMISES
Client acknowledges that the rental of the aforementioned premises is a temporary residence and, as such, does not fall under the normal Italian rental code. In the event of any lateness in consignment , Client’s belongings may be removed and placed in a deposit at the Client’s expense.
6) EXPENSES & UTILITIES
The apartment includes an allotment for normal utility usage of € 10,00 (TEN EUROS) per day. This should amply cover normal usage. The Client is responsible for the expenses related to gas (heating) and electricity (air conditioning) which exceed €10,00 per day. Clients can normally avoid any excess charges by simply remembering to turn off lights and A\C when they are not in the house. Contracts with the utility companies are maintained by the Agent. The booking agent will take reading of gas and electricity upon entrance and exit of Client. Client will pay for any excess usage based on € 0,50 (fifty cents) per kilowatt for electricity and € 1,00 (one euro) for gas. Client will pay for final cleaning services.
7) SECURITY BOND & It’s APPLICATION TO COSTS AND REFUND
The Client will pay a security deposit of € 400,00 (four-hundred EUROS) in cash upon arrival and prior to consignment of the keys. Client will be responsible for all charges incurred during the rental which surpass the security deposit. Such charges being utility costs, and/or damages to property inside of the apartment therein, excluding normal wear. During the lease term this deposit amount will be held by the booking agency and refunded upon exit of the apartment, less any outstanding bills and upon verification of the state of the flat. If, for any reason, the deposit is unable to be refunded directly upon Client’s exit, the booking agency will send a check to Client within 7 days of having left the apartment.
8) RENEWAL OF CONTRACT
If the contract is to be renewed, the renewal will take place with the Booking Agency, which must receive payment for any said renewal prior to the previous expiration. The rent will be pro-rated according to the length of the term. All utility bills will be paid and a reassessment of the security deposit may be made, at the option of the parties.
9) FORBIDDEN TO SUB-LEASE
The Client declares that he/she needs the apartment being rented as a vacation/temporary residence. The property being rented is for the exclusive use of the named Client and no. of above named guests. and it is forbidden to either cede the apartment to any third party or maintain a larger number of guests than indicated above.
10) STATE OF PROPERTY & FURNISHINGS.
The Agent guarantees that the apartment will be consigned in a good state of maintenance and free from any defects which may influence negatively upon the Client. If, upon arrival, The Client should find the apartment defective in any way, they should notify immediately the booking agent and they will provide for any needed repairs. The Client agrees to return the apartment in the same condition in which it was consigned.
Inventory/Value Statement: The residence being rented has been completely restored and may contain valuable items, as evidenced by the photographs. The Client and their designated occupants agree to be held liable both jointly and severely for any damage caused to the premises during their stay.
*Important Information: Client is aware that the property is not an “official tourist structure”, such as a hotel, or serviced residences etc. but a private, self-catering residence. Therefore, it has no international recognised standards or categories, indeed the property reflects, in its architecture, furnishing and equipment, the local traditions and the personal taste of the owner. Items such as dishes, cutlery and bedding are always provided, but coffee makers, tea kettles, toasters etc. cannot automatically be expected. This is precisely the kind of holiday that the Agent offers; the chance to participate in the culture of the area, living in the same surrounding as the locals. In order to live this experience in the spirit in which it was intended, it is important that you accept and appreciate the difference of the property compared to any official tourist structure.
11) MODIFICATIONS FORBIDDEN
The apartment must be consigned in the same state in which it was given, including all furnishings in their original position.
12) INSPECTION-SHOWING-ENTRANCE of APARTMENT
The Agent may inspect at any time the rented premises or have them inspected, provided that he has given advance notice by telephone, agreeing on a mutually convenient time to both parties, or if the Client is unreachable and, in the event of an emergency, may enter the apartment to prevent imminent damage to the apartment or its contents. Agent may enter the apartment in the event of an emergency or to prevent imminent damage to the apartment.
13) RESOLUTION BY BREACH OF CONTRACT
The breach of any of the within clauses on the part of the Client may produce, ipso jure, at the Agent's option, the automatic dissolution of this contract and require the immediate re-consignment of the leased premises. The use of the residence for commercial or illegal activity will be cause for immediate termination of the lease.
14) RELEASE OF LIABILITY
The Client expressly absolves the Booking Agent from any responsibility resulting from damages to his person or personal property arising from other Clients or third persons' acts or omissions. The Client takes obligation for himself and his family and guests to maintain a standard of “good conduct” and not disturb other Client’s of the building. Client should not play to Loud music or T.V. between the hours of 13:00-16:00 or after 23:00. Any parties organized in the rented premises must be approved in advance by the booking agent. The Client expressly releases the Agent from responsibility for interruption of the utilities for reasons of strike, acts of god or not directly related to their negligence. Client is informed that there is no insurance coverage for any of Client’s personal items, either against theft, fire or other hazards and it is there sole responsibility to provide for such insurance if so desired.
15) INADEMPTION OF AGENCY
In case of fire, theft or damages, the booking agent is only a consultant, and is not responsible to Owner of Record or CLIENT. Habitat Italy, Ltd. and its affiliates or representatives function as an intermediate booking agency representing the true owner. In any action for recovery of loss of any nature initiated by the Client, it is hereby agreed between the parties that the liability of the booking agency be limited to a maximum of $ 250,00 (two hundred fifty dollars). IN the event of a cancellation of the booking by the owner, the Client’s will be entitled to a full immediate refund or offer or alternative flat by booking agent. No damages resulting from Travel changes, airline fares, etc. can be attributed to Booking Agent resulting from a change in booking due to unavailability of property for justified reason.
16) GOVERNING LAW
Possession: Any disputes arising out of issues relating to possession of the aforementioned property are hereby governed by the and subject to the laws, rules and regulations of the country of Italy and all disputes concerning the same are governed under the jurisdiction of the country of Italy. No Cause of action may be brought against Habitat Italy, Ltd. or it’s affiliates except in the jurisdiction of Rome, Italy.
Economic Disputes: Any and all disputes arising out of economic issues including non-payment of rent or reimbursement for services, utilities or damages to the subject property may be pursued in the Clients country of residence at the election of the owner or his representative. And the Client specifically agrees that the housing agency, Habitat Italy, or the legal owner may elect a legal representative in the Client’s foreign country of residence in any legal proceedings to recover damages under the within agreement. Any negative legal judgments obtained may be reported to the respective credit agencies.
17) DECLARATION OF DOMICILE
Italian Domicile: The Client hereby declares that for all legal purposes the apartment rented is his legal domicile and elects that any legal notifications, registered letters, etc., should be sent to this address.
Foreign: For all legal notifications requiring notice in a country other than Italy, Client elects residence as that stated in the contract on page one.
18) NOMINATION OF REPRESENTATIVE
Solely for purposes of the within agreement, the Client hereby nominates Habitat Italy, Ltd. as its representative to the owner of the rented premises.
The Client, having read and understood the foregoing agrees to all of the terms and conditions contained herein.
