RENT AGREEMENT FOR TOURISTIC PURPOSES
(the “Agreement”)
With this agreement between ITACORE SRL
hereinafter, “Landlord”
and
[TENANT]
hereinafter, “Tenant”
(the Landlord and the Tenant are hereinafter jointly referred to as the “Parties” and individually as a “Party”)
IT IS AGREED as follows:
1. The Landlord hereby rents to the Tenant the property exclusively for touristic purpose and for residential use. The Tenant receives and hereby accepts to rent the Property, in its current physical and legal conditions.
2. The Property is let to the Tenant from [check-in date] (the “Initial Date”) to [check-out date] (the “Final Date”). In any case, the occupation of the Property will not be extended later than the date and the time agreed for the returning of the Property’s keys.
3. The Tenant undertakes to pay to the Landlord, or to the agent previously appointed by the Landlord, a rent for the entire period equal to €[rental amount], inclusive of VAT (the “Rent”).
The Rent has to be paid as follows:
the first installment of 50% of the Rent at the time of booking; and
the remainder 50% of the Rent, at least 65 days before the Initial Date.
4. Upon handover of the Property’s keys, the Tenant will pay either to the Landlord or to the Agent previously appointed by the latter, the sum of €[per villa] (Euros in cash), as irregular and non-bearing interest damage deposit to guarantee any of the obligations of the Tenant arising or which may arise pursuant to and in connection with this Agreement. Additionally, the Landlord may require that the Tenant provide credit card information upon arrival to be held for repayment of any damage by the Tenant which exceeds the value of the damage deposit. The damage deposit will be returned to the Tenant within 24 hours of its departure, following an inspection of the Property’s conditions and verification of compliance with all of the obligations deriving from this Agreement, provided however that the Landlord will have the right to retain the sum paid by the Tenant, in whole or in part, as a compensation for damages occurred to the Property and/or its furnishings. It is also expressly agreed that the Landlord will have the right to ask for the repayment of any damage caused by the Tenant which exceeds the value of the damage deposit. Itacore Srl does not assume any responsibility, and Tenant hereby releases Itacore Srl from any and all claims, arising from a dispute between Tenant and Landlord (or Agent appointed by the Landlord) regarding the damage deposit or credit card charges for damage in excess of the damage deposit.
5. The Tenant will promptly notify any deficiency of the Property and/or of its furnishings within 24 hours of the Initial Date.
6. The Tenant agrees to use the Property only for the purposes hereby agreed, pursuant to any applicable laws and regulations. The Tenant undertakes to duly comply with the instructions and the limitation of the Property. [Note: the Property's description may provide for particular instructions, including, without limitation, the prohibition to smoke, the prohibition to bring pets as well as rules regulating the use of the pool or the parking etc.]
7. The Tenant undertakes to return the Property and its furnishings in the state in which he or she receives them.
8. If the booking is cancelled by the Tenant for any reason, the Tenant will promptly pay an amount equal to:
50% of the Rent if the cancellation occurs 66 days or more prior to the Initial Date (arrival date);
100% of the Rent if the cancellation occurs between 65 days prior to and until the Initial Date (arrival date);
100% of the Rent in the case of a no-show or early departure.
In case of a refund, bank operation fees will be deducted.
The Tenant will have the right to retain the amounts already paid by the Tenant up to the amount due by the Tenant under this Article. The cancellation schedule above follows Central European Time (CET).
9. Unless otherwise expressly agreed between the Parties, the Tenant may check into the Property from [per villa] hours (CET) to [per villa] hours (CET) on the Initial Date and he/she will be obliged to check out and return all the keys received no later than 10:00 hours (CET) on the Expiry Date.
10. The Landlord is expressly exempted from any liability for defects, save as specified under article 1579 of the Italian Civil Code.
11. The Tenant will not assign its rights and obligation under this Agreement, nor sublet the Property or grant its use on a free loan basis, in whole or in part.
12. Unless expressly derogated or otherwise provided for under this Agreement and under the Annexes hereto, which constitutes an integral and substantial part hereof, the provisions of Italian Civil Code will apply, also pursuant to article 53 of the Legislative Decree no. 79/2011.
13. No refunds, rebates or rent reductions will be given (a) due to any unforeseeable circumstances, including without limitation inclement weather, mandatory evacuations, state of emergency or other similar situation; or (b) due to any mechanical failure of appliances, including without limitation air conditioning/HVAC, dishwasher, washer, dryer, televisions, hot tub, and/or pools; or (c) interruptions or failure of third-party services and utilities, including without limitation cable TV, internet, phone, and/or satellite. For the avoidance of doubt, the lists under (b) and (c) above are solely for clarification purposes and shall not be construed as a representation to the effect that any of those features are actually available in the Property.
14. A material breach of this Agreement by Tenant, including any breach which results in damage to the Property, or involves personal injury to any person, a nuisance to neighbors, failure to pay Rent, fraud or misrepresentation, holding over and maintaining possession after the Final Date, and/or violating laws or local regulations, shall be grounds for immediate termination of the Agreement.
15. Landlord and/or Landlord’s agents may enter to Property during reasonable hours and with early notice to inspect the Property and make any repairs or alterations to or on the Property, and to show the Property to prospective purchasers and tenants.
16. While Landlord may make reasonable efforts to return personal property that is accidentally left behind, neither Landlord nor its agents shall be responsible for any personal property that is left behind at the Property. Tenant hereby releases Landlord and Landlord’s agents from any and all liability associated with any such personal property abandoned at the Property.
17. The Tenant acknowledges that he/she has been duly informed about the purposes and procedures of the treatment of personal data, of the type of data collection, of the consequences of a denial of consent to such collection, of the entities to which such data may be communicated, of the scope of such communication as well as of the rights provided for under the personal data protection regulations, of the business name and registered office of the owner and the responsible for the treatment of personal data. The Tenant authorises the treatment of his/her personal data for the purposes and procedures communicated to him/her, within the limits in which his/her consent is required by applicable laws.
18. This Agreement is governed by, and will be construed in accordance with, Italian law and all disputes relating to this Agreement, including those regarding its validity, interpretation, execution and termination, will be subject to the sole jurisdiction of the Court of Italy.
[Date of Tenant booking]
____________________________________
Landlord
____________________________________
Tenant
Pursuant to the terms and effects of articles 1341 and 1342 of the Italian Civil Code, the Tenant declares to have read and specifically approves articles 3, 4, 5, 6, 7, 8, 10, 12, 13, 14, 15, 16 and 17 of this Agreement.
______________________________________
Tenant