Conditions It governs the contractual relations between the customer (hereinafter the “Tenant”), and Nice Vacation s.r.l. (hereinafter the “Company”) following the booking and payment of the apartment selected from those on the portal www.nicevacation.it
The following general contract conditions govern the terms and conditions applicable to the transitional lease contract stipulated between the Tenant and the Company, which acts in the name and on behalf of the owners of the properties, and concerning the apartment indicated above chosen from among those listed on the website www.nicevacation.it. Without prejudice to the possibility of entering into specific agreements (Online Booking system), without prejudice to these general terms and conditions.
Conclusion of the contract and deposit
2.1. Choice of Property By accessing the online platform www.nicevacation.it, the Tenant has real-time information about the availability and prices of the chosen property.
2.2. Booking procedure If the property chosen by the Tenant is free for the period indicated by the same, he must complete the booking operation by paying the full amount of the agreed rental fee by credit card following the guided instructions; upon successful payment, the Company will send the Tenant a Booking Confirmation e-mail containing the details of the chosen apartment, the rental period, the number of occupants as well as the amounts (1) of the rent, (2) the reservation fee, (3) the security deposit, (4) the cleaning service and (5) any additional services chosen. The contract will not be concluded until the payment has been completed and the booking confirmation e-mail has been received. The Lessee will have the right to choose between two different non-refundable rates and standard rates; the latter higher than the previous one will allow changes or cancellations up to 7 days before arrival without paying any penalty and with the return of the full amount including the booking fee.
2.3. Stipulation of the contract The booking will be considered confirmed with the successful payment of the rent and the consequent sending of the Booking Confirmation e-mail referred to in point 2.2 above; in the absence of this hypothesis, the Company will be free to conclude lease agreements with third parties concerning the same apartment for the same period. The Lease Agreement will be signed in paper form on the day of the start of the lease and, in the event that it is necessary to proceed with registration, the latter will be carried out at the expense of the Company.
Price and payment
3.1 The amount of the rent is that indicated in the Booking Specifications including the amounts of the booking fee and ancillary services. For rentals of less than one month, the total amount must be understood as inclusive of energy and gas, heating and water consumption. The Balance of the Rental Fee for the period indicated in the introduction has already been fully paid by the Tenant to the Company at the time of booking by credit card payment. 3.2 The Extra Costs refer to the optional services offered by the Company and selected by the Tenant and listed in detail in the Introduction. These services will be billed with the application of 22% VAT as required by law. 3.3 The price does not include the tourist tax which must be paid in cash upon arrival.
4.1 At the same time as entering the Property and the relative delivery of the keys, the Tenant pays the amount of the security deposit to the Company’s representative, if required, to the extent indicated in the Booking Specifications. 4.2 The security deposit required depends on the length of the lease. 4.3 There are exceptions for apartments of particular value and / or for the presence of animals. 4.4 The security deposit will be fully returned by the Company to the Tenant after the termination of the Contract. It is understood that in the event of damage caused by the Tenant to the Property, the Company will have the right to withhold the aforementioned security deposit, without prejudice, in any case, to its right to compensation for any greater damage.
Duration of the Contract, Withdrawal of the Lessee and Penalty
5.1 The duration of the contract will be indicated in the Booking Confirmation. 5.2 In the event of the Lessee’s withdrawal for any reason before the start of the lease period, the Company will have the right to withhold the amount paid as a Booking Fee indicated in the Booking Specifications, subject to the provisions of Article 2.2.
Replacement of the Property
6.1 The Company reserves the right to replace the Property with another Property of equal or higher quality if, for reasons not attributable to it, it is unable to ensure the Tenant’s enjoyment of the Property. If the Tenant, for reasonable and documented reasons, refuses the property offered as a replacement, the Company will reimburse the same the sums paid to it with the exception of the Reservation Right. No further amount will be due by the Company to the Tenant for any reason.
Obligations of the Lessee
7.1. At the time of check-in, the Tenant delivers to the Company’s representative the identification documents for each adult and minor who will use the Property. The Tenant undertakes not to stay in the Property in a number of people greater than that indicated in the Booking Confirmation. Failure to comply with this obligation will result in the Tenant’s obligation to pay the Company, as a penalty, an amount equal to 50% of the total rental price of the Property for each person in excess. 7.2. The Lessee expressly declares that every cohabiting person / employee will be regularly present on the territory of the Italian State as an Italian citizen or, in the case of a foreign citizen, in compliance with the rules on public safety (any visa or residence permit), assuming direct responsibility for them. 7.3. The Tenant undertakes to use the Property with care, keeping it clean, refraining from any act that could cause any damage to it and / or its appurtenances and / or its common parts and / or the assets contained therein. The Tenant undertakes to check the condition of the plants if they are supplied in the house or in any balconies / terraces, as well as undertakes to keep the eaves of the terraces clean to allow the evacuation of water. 7.4. The Tenant also undertakes to use the Property in such a way as not to disturb the residents in the vicinity of the Property. It is forbidden to use the Property for illegal acts.
7.5. The Tenant also undertakes to return the keys of the Property at the time of check-out.
7.6. Finally, the Tenant undertakes not to reproduce and / or deliver the keys of the Property to third parties and / or to disclose any access codes to the Property to third parties. The loss / breakage of the keys and / or the lock entails the reimbursement of the cost of a new lock and 5 new sets of keys.
7.7. The Tenant undertakes to observe, for the entire period of the lease, the ordinary precautions and safety measures aimed at preventing the entry of strangers into the Property. It is understood that in the event of non-compliance with this obligation, the Tenant will be responsible for any damage caused to the Property and / or to the goods contained therein.
Faculty of access to the property
8.1 The person in charge of the Company and / or third parties appointed by the same, identifiable at the request of the Tenant, will have the right to access the Property in order to carry out any necessary repairs and / or maintenance. Except in cases of emergency, the Driver will be informed in advance.
9.1 Unless expressly authorised in writing by the Company, the Tenant is forbidden to house animals of any kind in the Property.
10.1 The Company will not be liable to the Tenant for any suspension and / or innocent interruptions of the supply of electricity and / or gas and / or water and / or Internet.
Penalty for non-compliance with the Tenant’s Obligations (Article 8)
11.1 In the event of conduct contrary to the good management of the property, the Tenant must pay the Company a penalty equal to 200% of the rent indicated in the introduction, for this purpose also taking advantage of the security deposit, without prejudice to the right to compensation for any greater damage suffered.
Limitation of Liability
12.1 It is understood that the amount of any damages refundable by the Company to the Tenant in relation to the Contract will not exceed the sum actually paid by the Tenant to the Company in relation to the Contract itself.
13.1 The Company will never be responsible for any thefts suffered by the Tenant whether they occur through burglary or tampering at the entrance or in any other way within the Property.
13.2 The Tenant undertakes, therefore, not to leave their possessions and personal effects unattended inside the Property.
14.1 The Tenant authorizes the Company to communicate his personal data to third parties in relation to obligations connected with the rental relationship (Legislative Decree 196/2003).
15.1 For any controversy deriving from this assignment, the Court of Ascoli Piceno will be exclusively competent.
16.1 This contract is subject exclusively to Italian law.