MY.HO CASA S.R.L. C.F./ P. VAT no. 02195530684, registration number in the Register of Companies PE - 161081, with registered office in Pescara (PE), Via Caravaggio n.125, hereinafter referred to as "sublocutor".
- Who, with a lease contract for residential use for tourist purposes ex art. 53 d.lgs. 79/2011 (Tourism Code), has acquired the availability of the property subject to online booking, in order to sublet it to the final customer for the same tourist purposes;
- which intends to regulate the terms of the agreement, the content and the execution of the contract through the following clauses - general terms and conditions of subletting for tourist purposes;
- that the sub-conductor/final client declares to have read the following terms and conditions of the contract. In fact, the system does not allow the booking without first clicking on the relevant link and that, read carefully, it considers them fair and accepts them in their entirety, so much premise
PROVIDES THE FOLLOWING
1. The premises are an integral part of the general terms and conditions of the contract and constitute normative and obligatory content for the parties.
2. SUBLETTING FOR TOURIST PURPOSES. The property is granted for subletting for exclusive tourist purposes for the duration and at the rent (price of the stay) established in the online booking, which is an integral part of these general conditions also for the exact identification of the property, better described therein.
3. PROHIBITION OF SUBLETTING. It is strictly forbidden for the sub-contractor to sublet the property object of the contract or to grant it to third parties on loan, use or other title.
4. SUBLETTING THAT CANNOT BE EXTENDED. Given its nature for transitory tourist purposes, the present contract will cease when it expires, meaning that it will be cancelled at the end of the stay.
5. CONDITION OF EFFECTIVENESS. This sublease contract will be effective for all legal purposes only after the sub-conductor/customer has paid the full amount of the deposit within and no later than 72 hours from the confirmation of availability by My.Ho Casa. Once these terms have expired, the booking is considered cancelled without the obligation on the part of My.Ho Casa S.r.l. to inform the sub-conductor in any way. The sub-conductor is obliged to send the transfer receipt by email to email@example.com indicating the name and surname used for the booking and the booking number in the booking summary.
6. BALANCE OF THE FEE. The balance of the entire amount of the sublet (the cost of the stay including the tourist tax where present) must be paid at the exact moment of the delivery of the keys of the property by credit card, debit card, ATM or cash. Failure to make full payment on arrival at the property is a condition of the agreement reached with the online booking and this contract, with the right of the landlord My.ho casa srl not to hand over the keys and, therefore, the property, to the tenant, and to ask him for the full price of the stay, the advance payment being an essential element of the contract. Consequently it is in the right of My.ho casa srl to grant to third parties the flat "not paid".
7. NON-REFUNDABLE PAYMENT, WITHDRAWAL AND DISCIPLINE OF THE DEPOSIT. In case of early withdrawal of the sub-conductor from the subletting contract in progress, the deposit paid will not be returned in any case. If, for any reason whatsoever, during the subletting relationship, the sub-conductor should release the property in advance with respect to the due date, the latter will not be entitled to any refund for the period not enjoyed. Should My.Ho Casa S.r.l. be notified of the withdrawal at least 30 days before the beginning of the stay, this withdrawal will result in the loss of the deposit only. Beyond this term, the sub-conductor will have to pay the agreed sum for the entire amount which, by express agreement, is to be considered non-refundable, thus constituting an advance payment of the entire subletting period.
8. TAKE-OVER AND DELAY. It is compulsory to inform the My.Ho Casa customer service in case the flat is not taken over on the day established in the booking. My.Ho Casa is obliged to keep the rented property reserved for 24 hours following the date and time of arrival indicated in the contract. If no time is specified, the 24 hours will expire at 9:00 a.m. the following day. In case of failure to take delivery of the keys within and no later than the following 24 hours, the deposit paid by the sub-conductor is understood to be forfeited in full and there is also the obligation to pay the agreed sum for the entire stay. In case of unavailability of the flat or breach of contract by the company My.Ho Casa S.r.l., the amount of the deposit will be refunded or the sub-conductor will be offered a flat equivalent or superior to the same economic conditions defined in the booking summary.
9. NUMBER OF GUESTS AND ANIMALS. It is forbidden to stay with a greater number of guests than the number of guests in the rented flat. My.Ho Casa S.r.l., through its collaborators, reserves the right to check the actual number of guests that will occupy the sublet flat. In case of a higher number of guests than the one indicated by the sub-conductor in the booking, there is an extra charge of € 100,00 (euro one hundred/00) for each additional person, which the sub-conductor will have to pay to the lessor. Pets are allowed only if previously communicated by the sub-conductor and with the approval of My.Ho Casa, as not all the flats are suitable to accommodate them. All guests are also required to observe the generally applicable condominium rules, in particular the rules regarding quiet during the afternoon (from 2.00 p.m. to 4.00 p.m.) and at night (from 00.00 a.m. to 8.00 a.m.).
10. DEPOSIT AND DAMAGES. To guarantee the good conservation of the flats and the objects included in them, upon delivery of the keys the tenant is obliged to pay a deposit of € 100,00 (euro one hundred/00) only and exclusively through pre-authorization on credit card. The flat must be left in perfect order and cleanliness, free of rubbish or any waste, with the dishes washed and the fridge defrosted. The sub-conductor undertakes to return the flat in the same state in which it was handed over at the time of check-in and to promptly report to the sub-conductor any damage, problems, malfunctions, missing tools or other. My.Ho Casa will repair the flat as soon as possible, always compatibly with the availability of material and technical personnel. The security deposit will be released at the same time as the return of the keys, the release of the property by the sub-conductor, in the time and manner provided by the circuit of reference, after verification of the flat by My.Ho Casa staff. An amount equal to the same pre-authorised deposit may be deducted for the reimbursement of any damage caused or for failure to clean the kitchenette, dishes or inadequate waste disposal or any other damage caused to the property or to the objects or systems contained in it, always without prejudice to any greater damage. The sub-lessor reserves the right to contact the sub-lessor, even after his departure, to exercise the rights set forth in this clause.
11. PRICES AND EQUIPMENT OF THE FLATS. The prices in the price list are per flat and are intended for the stay of one week. All flats are fully furnished, with hot and cold water and electricity, equipped with basic crockery, kitchen or kitchenette, fridge. Lift, washing machine, flat screen TV, iron, air conditioning and other optional extras are available, only if specified in the flat's data sheet.
12. EXEMPTION FROM LIABILITY. The sub-conductor exonerates My.Ho Casa S.r.l. from any responsibility for events that may occur during the stay that cannot be attributed to the fact and will of the same, as well as exonerating it from responsibility for events caused by force majeure that may force it to cancel the booking, at its own discretion. My.Ho Casa S.r.l. is also not responsible for any theft or damage suffered by the sub-conductor during the stay, as there is no custody of goods of any kind.
13. DISCIPLINE IN CASE OF COVID-19. The sub-conductor will not be able to withdraw from the booking in case there is an increase in cases of Covid-19 or other epidemic in Italy or in the world. The right of withdrawal of the sub-conductor shall exist only if it is recognised by an express provision of primary or secondary regulation by the competent State or Regional authority prohibiting travel or establishing lockdown. Otherwise, in the event of a worrying increase in contagion from Covid - 19 or other epidemic, but in the absence of governmental measures, the sub-conductor may decide to cancel the reservation in order to protect the health of customers and people in general. In this case it is at your discretion to choose between returning any deposit to the customer or giving him a voucher for the same amount, unless the obligation of one or the other solution is imposed by state regulations that have intervened in the meantime.
14. USE OF THE SWIMMING POOL. If the flat is placed in a condominium with swimming pool, the customer acknowledges that the company My.ho Casa srl is not the owner, nor the exclusive beneficiary, and that any burden of ordinary and extraordinary maintenance is the responsibility of the condominium which remains the recipient, in addition, of the rules of prevention and safety, without prejudice to the customer's obligation, where the condominium is allowed to use the pool, to comply with the rules imposed by the same as well as the common rules of diligence and prudence in water and nearby areas.
15. ARRIVAL AND DEPARTURE TIMES. Upon delivery of the keys and balance of the sublet, the sub-conductor will have to show his or her own identification document and that of the other guests. The flats will be available from 3.00 p.m. to 8.00 p.m. on the day of arrival (for the collection of the keys the My.Ho Casa reception service must be contacted) and must be vacated no later than 9.00 a.m. on the day of departure, in perfect order and cleanliness, with no rubbish or trash, with the dishes washed, empty fridge and furniture in its place. The keys will be returned where indicated by the staff. In case of arrival at a time before 3.00 p.m., early check-in may be allowed, subject to telephone or telematic communication, but not the entry into the flat, which will always take place from 3.00 p.m. onwards. Should the arrival be delayed, it is compulsory to inform the My.Ho Casa S.r.l. reception staff at the reference numbers indicated in the information email received before arrival
16. PLACE OF JURISDICTION. For any controversy which may arise regarding the execution and interpretation of this contract, the parties agree that the Court of Pescara shall have exclusive jurisdiction.