GENERAL TERMS OF CONTRACT
1.1The following general terms of contract estabilish terms and conditions to be applied to the contractual relationship ( from now on and according to the general conditions only “The Contract”) between Fuoriporta owned by Rafaela Pitzus ( Fuoriporta or Host ) and the Conductive ( Conductive or Client ) of the properties (Properties ) that are inside the online site www.fuoriporta.eu ( the Site )
1.2The contract between Fuoriporta and the Client has a legal nature of Temporary lease for turism and is concluded from Fuoriporta on behalf of every property owner, following accomodation and agreement between the parts.
1.3The Client that rents one of the properties through Fuoriporta and its Site, agrees to what is specified in this contract , terms and conditions
2 PROPERTIES RENTAL
2.1The Client is required to create an account and register on the Site Fuoriporta. In this way the Client is able to look at the properties, verify the availability, prices, services and feautures
2.2Once the Client has chosen the property he can proceed with the reservation indicating the initial and final dates of the lease and how many people will be inside the property.
2.3Once the Client has concluded the reservation procedure, he is required to pay to Fuoriporta the total amount of the reservation indicated on the Site, as the counterpart of the property rental itself, through credit card or stripe. The price, if not specified otherwise, includes only the utilities of electricity, gas, water, heat. At the end of the reservation procedure, the Client i salso required to pay to Fuoriporta the final cleaning costs and tourist tax, as indicated on the Site for every single property.
2.4At the end of the mentioned procedure, the reservation will be concluded and ultimate once Fuoriporta will have received the total amount indicated on the Site.
2.5The Client declares that he has chosen a certain property only through images, informations and description found on the Site
2.6At the end of the reservation procedure, the Client could be required, if specified on the Site and reguarding a specific property, to pay a security deposit as warranty of any damage to the property or its pertinence or its structural components or its facilities, furnitures, or anything else contained inside the property. If Fuoriporta finds nothing has been broken or damaged, the total amount of this deposit twill be refound in 7 working days from check out. Otherwise, if Fuoriporta fins something has been broken or damaged, the total amount of this deposi twill be keeped, and, if the amount of the damage exceeds the deposit, the Client will have to pay the difference.
2.7After the Client has payed the total amount due for the reservation through Credit card or paypal, the reservation will be promptly confirmed. If the Client has decided for a wire transfer, the reservation will be confirmed by an e-mail afterwords and only if Fuoriporta has received the entire payment within 7 working days.
2.8The Client must print or save the reservation receipt, received by message or e-mail, and show it, if requested by Fuoriporta, at check in time in order to access the chosen property
3 CHECK IN AND CHECK OUT
3.1Check in and check out dates are confirmed and indicated in the reservation receipt
3.2At check in time Fuoriporta gives the Client one copy of the property keys. From now on the Client becomes the only custodian of the property end everything that is inside it, furniture or other item, being responsible for it as declared by law.
3.3At check in time at latest, or earlier, the Client must provide Fuoriporta with every ID document reguarding any single guets that will stay in the property
4 CONDUCTIVE OBLIGATIONS
4.1In order to allow the regular execution of the Contract by Fuoriporta, the Conductive will respect the following commitments:
(i) to cooperate with Fuoriporta for the entire lasting of the Contract, promptly giving all the required informations and datas, and having all the needed requirments for the correct utilization of the property
(ii) to guarantee and take every responsability about correctness, completeness and truth of every data, document and information given and shared through Fuoriporta
(iii) to guarantee and take every responsability in civil, criminal and administrative terms reguarding the contents of all data and information given and shared through the Site, removing Fuoriporta from any responsability, damage , compensation, lost or claim by third parties.
(iv) no more persons than declared during reservation can stay in the apartment
(v)to use and diligently cure the property as a family father would do, leaving it cleaned, avoiding any behaviour that could damage the property or its pertinence or its structural components or its facilities, furnitures, or anything else contained inside, notwithstanding that the Client will have to reimburse immediately and totally any damage done.
(vi) to use the property not bothering third parties or objects around and near the property itself, notwithstanding that is forbidden to use the property for illegal or wrongful acts, for parties or events, or any other utilization not strictly connected to the Contract.
(vii) to give back the Host the property keys according to terms and arrangments given by the Host himself and, anyways, within the check out date indicated in the reservation receipt.
(viii) to not copy or give to thirds the property keys or communicate eventual access codes . The loss or damage of the property keys implies that the Conductive must refound the total amount supported for the lock substitution and 5 (five) copies of the new keys.
(ix) to observe , during the entire rental period, every security rule and precaution in order to prevent strangers to enter the property. In case of disregard of these obligations the Client will be responsible for any damage an eventual third person will make to the property or anything inside it
(x) to not tamper or maneuver the command boards that control and runs the property facilities (as for example water, electric or irrigation plant). In case of disregard of these obligations the Client will be responsible for any damage.
(xi) to permit Fuoriporta or any other person in charge, to enter the property at any time and for any reason ( as for example maintenance or reapair)
5 PROPERTY SUBSTITUTION
5.1 Fuoriporta has the right to substitute the property with another one of equal carachtertistics if, for upcoming impossibility, the chosen property is not available anymore for the Client. In case the Client would not accept the substitution, Fuoriporta will refound the amount the Client has paid so far, any other sum will not be paid by Fuoriporta to the Client for any other reason.
6.1 On the Site and in the description of every single property, it is clarified if pets are accepted or not and an eventual added expence for additional cleaning. During reservation process the Client is required to declare if there will be pets in the apartment and, in that case, specify the number, kind and size. In case the Client does not observe this rule , Fuoriporta will have the right to forbid pets from entering the property.
6.2 If not specified in the property description on the Site, the Client is forbidden to bring any pet in the property itself.
7.1 on the Site and inside the description of every single property, the Client will find other services offered by Fuoriporta, that can be added and must be totally paid at the end of the reservation process.
7.2 in case the Client would not be able to enjoy one of the services of point 7 for any Fuoriporta guilt , Fuoriporta will refound the total amount within 7 days from the date the service was supposed to be expereinced. Fuoriporta will not pay any other additional sum .
8 RESERVATION AND SERVICES DELETION
8.1 After the reservation process is concluded and after the Client has received the confirmation about it ( see point 2), if the Client wants to cancel the mentioned reservation , even though Fuoriporta has received another reservation to replace it:
(i) Fuoriporta will have to totally refound the amount the Client has paid for the rental of the chosen property only if the deletion arrives before 14 days from check in day.
(ii) Fuoriporta will have to refound 50% of the amount the Client has paid for the rental of the chosen property only if the deletion arrives before 7 days from check in day.
(iii) Fuoriporta won’t give any refound if the Client cancels the reservation after 7 days to check in day
(iv) Fuoriporta will have to refound the Client the sum paid for Turist taxes and Final Cleaning costs
8.2 If the Client delates a Service
(i) Fuoriporta will have to totally refound the amount the Client has paid for the chosen service only if the deletion arrives at latest 48 hours before the service starts
(ii) Fuoriporta won’t give any refound if the Client cancels the service reservation later than 48 hours before the service starts
8.3 The deletion is confirmed only if the Client follows exactly the procedure indicated on the Site and afetr receiving the receipt by e-mail
9 RESPONSABILITY RESTRICTIONS
9.1 Fuoriporta won’t be responsible for any theft or rubbery by the property, with or without tampering or forced entry, the Client will incure
9.2 Fuoriporta won’t be responsible to the Client if a third person or company will interrupt the electricity, water, gas service or wi-fi connection
9.3 Fuoriporta won’t be responsible for any reason if the Client does not find the property pleasent, since he chose the property and signed the contract after reading the description, services provided and after seeing pictures of the property itself
9.4 If not specified on the Site in the property desecription, the property has not devices for persons with disabilities
9.5 Fuoriporta won’t be any responsible for any damage or injury inferred by thirds, as for example ( not exhaustive) road contractions or building renovations closed to the property
9.6 Fuoriporta won’t be any responsible for anything or any reason not specified in the contract the Client has underscripted
9.7 Fuoriporta declines any responsability reguarding any loss, cost, damage the Client will have to face for any right violations to thirds or objects
9.8 Fuoriporta won’t refound the Client any higher amount that the one the Client has paid for the property rental contract
10.1 Any review the Client decides to make on Fuoriporta will not be confidential and will be published
10.2 Any review the Client decides to publish must be strictly related to the property. Any defamatory or slander content can be published. The Client cannot publish any link or rvertising content. The Client cannot publish any unfair competition argument, pornography or obsene material. Any discriminatory or ratial messagge can be published. Any virus or contaminating content. Anything that is against law.
10.3 The Client understands that Fuoriporta is in charge to decide not to publish reviws in contrast to what specified . Fuoriporta is not obliged to verify the correctness of the reviews.
11 CONTRACT RESOLUTION
11.1 Any failure, partial or not, although serious, of any obligation indicated in the contract and not respected by the Client, will give Fuoriporta the right to dissolve the contract as italian law 1454cc and obtain the refound of any eventual damage.
11.2 According to the article 1456cc, and having the right without prejudice to obtain a damage refound, the contract will be directly and totally dissolved if the Client will not respect the obligations of points 2.3, 2.6, 4.1(iv), 4.1(v), 4.1(vi), 4.1(viii), 4.1(xi), 4.1(xiii), 10.2 and 13.1. Fuoriporta will have the right to communicate on a written message to the Client the immediate resolution of the Contract
12 PERSONAL DATAS HANDLING
12.1 The Client authorizes Fuoriporta to handle his personal datas according to REG. UE 2016/679.
12.2 According to italian law 13 of REG. UE 2016/679 Fuoriporta informs the Client that his personal datas will be handled and used to accomplish the Contract and for adsvertising, administrative, commercial and managment reasons, according to the italian law above mentioned. The datas will be handled on informatic or papery suoport and on the web, but always following the security rules according to the above mentioned law. Persnal datas are required in order to the correct performance of the Contract. In case datas are incorrect or incomplete, the Contract will be completely or partially vain
12.3 Thge datas Holder is the Client, and gives Fuoriporta the right and responsability to handle them according to italian law REG.UE 2016/679.
13 VARIOUS DISPOSITIONS
13.1 The present contract won’t have to given ,transferred or licensed by the Client to third parties, totally or partially. The Client won’t transfer any right or obligation derived by the Contract to third parties.
13.2 The invoice reguarding the amount paid by the Client for the property location, services or any other accessory will be issued after receinveing the entire payment by Fuoriporta, according to italian laws.
13.3 The present contract shows entirely all the agreements between the parties, Fuoriporta and the Client. If something is not specified in this Contract, the parties will have to follow italian laws on this subject.
13.4 Any other service provided by Fuoriporta and not mentioned in the Contract, won’t be included in the Contract itself
14 APPLICABLE LAW AND JURISDICTION
14.1 The contract, its contents , rights and parties obligations, will be executed under italian laws
14.2 Any dispute derived by the contract between the parties will be executed bu jurisdiction of Parma Court, excluding any other eventual jurisdiction