GENERAL TERMS AND CONDITIONS
1) DURATION (Check-in and Check-out Time)
The lease shall commence at the time of check-in, which shall take place at 3:00 PM on the selected arrival date, and shall terminate at check-out, which must occur no later than 10:00 AM on the selected departure date, unless otherwise agreed in advance, and subject to the maximum number of guests specified in the reservation.
2) RATES AND CANCELLATION PENALTIES
In the event of a reservation subject to the “standard” rate, the Tenant may cancel the reservation without penalty (right of withdrawal) up to 6 days prior to the scheduled start date of the lease (check-in), by sending notice via email (e.g., [email protected]), with proof of receipt of the withdrawal borne by the Tenant. After said period has elapsed, the Tenant shall, even in the event of cancellation (withdrawal), be required to pay La Cavina 83 the full agreed rental amount, as a penalty (confirmed deposit).
In the event of a reservation subject to a “non-refundable” rate, the Tenant shall, even in case of cancellation, pay La Cavina 83 the full agreed rental amount, as a penalty (penitential deposit).
RIGHT OF WITHDRAWAL (Distance Contracts)
Pursuant to Article 59, paragraph 1, letter n) of the Consumer Code, the right of withdrawal within 14 days does not apply to contracts for the provision of accommodation services where the contract provides for a specific date or period of performance.
3) RENTAL FEE
The rental fee shall be determined in accordance with the selected rate for the contractual rental period, and must be paid using traceable methods (bank transfer, credit card, Stripe, PayPal, or other electronic systems), or in cash within the legal limit of €4,999.99 per single transaction, pursuant to Article 49 of Legislative Decree 231/2007, at the time of reservation confirmation, unless otherwise specified.
4) DEPOSIT
Pursuant to Article 2, the Tenant, at the time of booking, shall pay the full agreed amount for the provision of the booked services as a deposit, which, at check-out, shall be converted into a payment toward any additional services provided or, in the absence of such services, shall be deemed full settlement; a proper electronic invoice will be issued at check-out to finalize the stay.
For stays booked under the “Standard” rate: full payment must be made by the Tenant no later than 5 days before check-in.
For stays booked under the “Non-refundable” rate: full payment must be made at the time of booking confirmation.
5) CITY TAX
The Tenant shall pay La Cavina 83 the amount of the city tax, if applicable by the Municipality in which the property is located. Said amount will be communicated by La Cavina 83 and shall be paid by the check-in date.
6) TENANT DEFAULT
In case of withdrawal by the Tenant beyond the terms indicated in point 2), and/or in case of no-show, La Cavina 83 shall retain the amount paid as a penitential deposit, as compensation for the withdrawal, without prejudice to the right to further compensation for any greater damage suffered and to be suffered. In case of early check-out, La Cavina 83 is entitled to the full payment agreed for the stay, unless otherwise agreed subsequently and in writing with La Cavina 83.
7) USE OF THE PROPERTY
By signing this agreement, the Tenant declares that the property will be used exclusively as a residence for themselves and their immediate family for the entire rental period.
8) WASTE SEPARATION AND NON-SMOKING POLICY
The Tenant agrees to properly separate waste in accordance with local/condominium regulations and formally acknowledges the absolute prohibition of smoking in all indoor areas.
9) PROHIBITION OF SUBLEASING AND LOAN FOR USE
The Tenant is expressly prohibited from subletting or granting use of the property, in whole or in part, under penalty of automatic termination of this agreement (Article 1456 of the Civil Code).
10) NOTIFICATION UNDER ART. 109 OF THE CONSOLIDATED PUBLIC SECURITY ACT (T.U.L.P.S.)
In order to comply with general obligations of transparency and those specifically regarding the registration and communication to the Police Headquarters of the identities of all guests, pursuant to Article 109 of the Consolidated Act on Public Security (T.U.L.P.S.), which must be carried out within 24 hours of guest arrival (or immediately in the case of stays shorter than 24 hours), the Tenant shall provide La Cavina 83 with valid identification documents for all guests before access to the property is granted.
11) PROHIBITION ON ADMITTING UNREGISTERED PERSONS
The Tenant is prohibited from admitting persons to the property who have not been previously registered with La Cavina 83 and for whom appropriate identification documents have not been provided, unless formal prior authorization has been granted.
12) PROHIBITION ON MODIFYING THE USE OF THE PROPERTY
The Tenant is expressly prohibited from altering, in whole or in part, the agreed use of the property (residential use), or from assigning this lease agreement, in whole or in part, to third parties.
13) COMPLIANCE WITH CONDOMINIUM RULES AND PROHIBITION OF UNLAWFUL OR IMMORAL CONDUCT
The Tenant is also expressly prohibited from engaging in any conduct contrary to condominium regulations (if applicable), or from engaging in unlawful or immoral conduct or behavior that could be detrimental to public decency or to the peaceful enjoyment of neighboring occupants or owners.
14) TENANT’S LIABILITY
The Tenant is fully responsible for the safekeeping of the property and its contents from the time of check-in and shall be liable for any damages caused, including costs resulting from improper waste disposal or violations of the non-smoking policy.
La Cavina 83 reserves the right to conduct inspections during the rental period, upon prior notice to the Tenant, in order to verify compliance with the contractual conditions.
15) SECURITY DEPOSIT
To guarantee all obligations assumed, including the duty of care and timely return of the property, and without prejudice to the right to claim further damages suffered and to be suffered by La Cavina 83, the Tenant shall pay a non-interest-bearing security deposit in the amount of €100.00 (one hundred/00). Said security deposit may be withheld, in whole or in part, to cover verified damages or amounts owed by the Tenant; without prejudice to compensation for greater damages pursuant to Articles 1223–1225 of the Civil Code.
If applicable, the security deposit shall be refunded within 14 days from check-out, and may not be applied as an advance payment toward the rental amount.
16) PAYMENT OF SECURITY DEPOSIT
The security deposit shall be paid at the time of check-in using traceable methods or in cash, in compliance with the legal limit of €4,999.99 per transaction, pursuant to Article 49 of Legislative Decree 231/2007.
17) EXPRESS TERMINATION CLAUSE
Violation of one or more of the prohibitions set forth in this contract shall constitute a material breach by the Tenant and shall result in the automatic termination of the lease agreement, with the express waiver by the Tenant of any right to reimbursement of the security deposit or to claim for damages, and with the obligation to indemnify La Cavina 83 and the Lessor for all present and future damages.
18) NO REDUCTION IN RENTAL FEE REQUESTED
Given the specific and short-term nature of the lease, the Tenant shall not be entitled to request any reduction, even partial, of the agreed rental fee, even if the need for accommodation ceases in whole or in part.
19) ALTERNATIVE ACCOMMODATION OFFER
Should La Cavina 83 be unable to make the property available for all or part of the agreed period, it shall offer the Tenant a suitable alternative accommodation.
20) DATA PROTECTION
The Tenant expressly authorizes La Cavina 83 to share their personal data with the building administrator or third parties for purposes related to the lease relationship, pursuant to Regulation (EU) 2016/679 and Legislative Decree 196/2003, as amended.
21) JURISDICTION
The parties agree that for any dispute arising out of or in connection with this agreement, the competent court shall be: for contracts entered into with consumers, the court of the consumer's place of residence or domicile, pursuant to Article 66-bis of the Consumer Code; for all other cases, the Court of Forlì shall have exclusive jurisdiction.
22) GOVERNING LAW
For all matters not expressly provided for herein, the parties shall refer exclusively to the provisions of the Italian Civil Code, the applicable rental regulations in force, and local customary practices.
