General terms of the lease agreement

MY.HO CASA S.R.L. C.F./ P. Iva 02195530684, registration number in the Register of Companies PE - 161081, with registered office in Pescara (PE), in Viale Bovio n.235, hereinafter referred to as the “sublessor”

WHEREAS

-          That with a rental contract for residential use for tourism purposes pursuant to art. 53 Legislative Decree 79/2011 (Tourism Code) it has acquired the availability of the property subject to online booking, in order to sublet it to the end customer for the same tourism purposes;

-          which intends to regulate the terms of the agreement, the content and the execution of the contract through the following clauses - general conditions of the sub-lease contract for tourism purposes;

-           that the sub-tenant/end customer declares to have read the following contract conditions. The system does not allow booking without first clicking the relevant link and which, having read them carefully, considers them fair and accepts them in full, given that

PROVIDES AS FOLLOWS

  1. The premises are an integral part of the general contract conditions and constitute regulatory and mandatory content for the parties.
    2. SUBLETTING FOR TOURIST PURPOSES. The property is granted in sub-lease for exclusive tourist purposes for the duration and at the fee (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. The sub-tenant is strictly prohibited from sub-letting the property which is the object of the contract or from granting it to third parties on loan, use or other grounds.
    4. NON-EXTENDABLE SUB-LEASE. Given its nature for transitory tourist purposes, this contract will cease upon expiry, being understood as cancelled from now on as of the end of the stay.
    5. CONDITION OF EFFECTIVENESS. This sub-lease contract will be effective for all legal purposes only after the sub-tenant/client has made payment of the entire sum relating to the deposit within and no later than 72 hours of confirmation of availability by My.Ho Casa. After these terms, the reservation is considered cancelled without the obligation on the part of My.Ho Casa S.r.l. to notify the sub-tenant in any way. The subtenant is obliged to send the receipt of the bank transfer by email to the address info@myhocasa.it indicating the name and surname used for the reservation and the reservation number present in the reservation summary.
    6. BALANCE OF THE RENT. The balance of the entire amount of the sublease (the cost of the stay including the tourist tax where applicable) must be paid by the subtenant. occur at the exact moment of delivery of the keys to the property by payment by credit card, debit card, ATM or cash. Failure to pay in full upon arrival at the property constitutes a condition terminating the agreement reached with the online booking and of this contract, with the right of the lessor My.ho casa srl ​​not to deliver the keys and, therefore, the property, to the tenant, and to request the full price of the stay, the advance payment constituting an essential element of the contract. Consequently, My.ho casa srl ​​has the right to grant the “unpaid” apartment to third parties.
    7. NON-REFUNDABLE PAYMENT, WITHDRAWAL AND REGULATION OF THE DEPOSIT. In the event of early withdrawal of the sub-tenant from the current sublease contract, the deposit paid will not be returned in any case. If, for any reason, during the sublease relationship, the subtenant should leave the property before the expiry date, he/she will not be entitled to any refund for the period not enjoyed. If the withdrawal is communicated to My.Ho Casa S.r.l. at least 30 days before the beginning of the stay, said withdrawal will result in the loss of the deposit only; it is possible to make 1 change of date in the current season, based on the availability and conditions on the website www.myhocasa.it. Beyond this deadline, the subtenant will have to pay the agreed sum for the entire amount which, by express agreement, is to be considered non-refundable, therefore constituting an advance payment for the entire sublease period.
         8. DELIVERY AND DELAYS. It is mandatory to notify My.Ho Casa customer service if the apartment is not taken over on the day established in the reservation. My.Ho Casa is obliged to keep the rented property reserved for the 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 am the following day. In the event of failure to take delivery of the keys within and no later than the following 24 hours, the deposit paid by the sub-tenant is considered to be entirely lost and there is also the obligation on the part of the sub-tenant to pay the agreed sum for the entire stay. In the event of unavailability of the apartment or breach of contract by the company My.Ho Casa S.r.l., the deposit amount will be returned or the subtenant will be offered an equivalent or superior apartment with 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 those foreseen by the rented apartment. My.Ho Casa S.r.l., through its collaborators, reserves the right to check the actual number of guests who will occupy the apartment being subleased. In the event of a higher number than that indicated by the subtenant in the booking, a supplement of € will be applied; 100.00 (one hundred/00 euros) for each additional person, which the sub-tenant will be required to pay to the landlord. Pets are allowed only if previously communicated by the sub-tenant and with the approval of My.Ho Casa, since not all apartments are suitable for accommodating them. All guests are also required to observe the condominium rules generally in force, in particular the rules relating to quiet during the afternoon hours (from 2.00 pm to 4.00 pm) and at night (from 00.00 am to 08.00 am).
    10. DEPOSIT AND DAMAGES. To guarantee the good condition of the apartments and the objects included in them, upon delivery of the keys the tenant is required to pay a deposit of € 100.00 (one hundred/00 euros) only and exclusively through pre-authorization on a credit card. The apartment must be left in perfect order and cleanliness, free of rubbish or any waste, with the dishes washed and the fridge defrosted. The sub-tenant undertakes to return the apartment in the same condition in which it was delivered to him at the time of check-in and to promptly report to the sub-lessor any damage, problems, malfunctions, missing tools or other. My.Ho Casa will arrange for repairs in the shortest time possible, always compatible 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-tenant, in the times and ways provided for by the reference circuit, after verification of the apartment by the My.Ho Casa staff. The sub-tenant may be deducted from an amount equal to the same pre-authorized deposit for the reimbursement of any damage caused or for the failure to clean the kitchenette, the dishes or the inadequate disposal of waste or any other damage caused to the property or to the objects or systems contained therein, always without prejudice to any further damage. The sub-lessor reserves the right to contact the sub-tenant, even after his departure, to exercise the rights referred to in this clause.
    11. PRICES AND EQUIPMENT OF THE APARTMENTS. The prices in the price list are per apartment and are intended per stay. All apartments are fully furnished, equipped with hot and cold water and electricity, equipped with basic dishes, kitchen or kitchenette, TV and refrigerator. The lift, washing machine, iron, air conditioning and other optional extras are present, only if specified in the apartment description.
    Linen is not included. provided in the apartment, but can be requested as additional equipment at the time of booking (paid service). Making the beds is not included, nor are intermediate cleaning and linen changes (if requested as equipment) provided during the stay, nor can they be requested, even with a supplement.
    12. EXEMPTION FROM LIABILITY. 12.1 The sub-tenant exempts My.Ho Casa S.r.l. from any liabilityà for events that may occur during the stay not attributable to the fact and will of the same, as well as exempts it from liability for events caused by force majeure that may force it to cancel the reservation, at its discretion. 

12.2 My.Ho Casa S.r.l. is also not liable for any thefts and damages suffered by the sub-tenant during the stay as there is no custody of goods of any kind.
It is also not liable for any loss of objects left or forgotten in the apartment upon departure. The sub-tenant exempts My.Ho Casa srl ​​indefinitely from liability relating to the events referred to in point 12.2, assuming all liability and duty of diligence and care regarding the custody of all objects brought into the sublet apartment.

12.3 the Subtenant acknowledges and accepts that, regarding any disservices listed below, My.ho srl will have a liability limited to what is expressly agreed herein and that is: a) regarding any malfunctions or total failure to function of the air conditioners, without prejudice to the commitment to eliminate the inconvenience in the shortest time possible, where the problem cannot be resolved during the holiday period the parties provide for a penalty in favor of the customer of €10.00 for each day of disservice, meaning a day as a partial or total disservice lasting 90 continuous minutes; b) regarding the lack of hot water or running water in general, dependent on MY.Ho srl (and not on external or objective factors), the parties limit the financial liability of MY.Ho srl to €20.00 per day, with a day of disruption being understood as a period of at least 90 consecutive minutes during the day.

12.4 in the cases referred to in paragraph 12.3, the sub-tenant waives any further claims, considering himself satisfied with the amount of compensation provided for.

13. USE OF THE SWIMMING POOL. Where the apartment is located in a condominium with a swimming pool, the customer acknowledges that the company My.ho Casa srl ​​is not the owner, nor the exclusive beneficiary, and that any ordinary and extraordinary maintenance costs are of the condominium which also remains the recipient of the prevention and safety regulations, without prejudice to the obligation of the customer, where the use of the swimming pool is permitted by the condominium, to comply with the rules imposed by the same as well as the common rules of diligence and prudence in the water and in the surrounding areas.
14. KEY COLLECTION, ARRIVAL AND DEPARTURE
Key collection and check-in will take place via video call on WhatsApp, during which the sub-tenant and all guests will have to show their identification documents. During the same video call, the customer will be asked to provide the following information: sent a bank link (Pay by Link) to settle the sub-lease payment by credit card or debit card.

The apartments will be available from 3:00 pm to 8:00 pm on the day of arrival (the My.Ho Casa reception service must be contacted to collect the keys) and must be vacated no later than 9:00 am on the day of departure, in perfect order and cleanliness, without rubbish or waste, with the dishes washed, the fridge empty and the furniture in its place. The keys must be returned where indicated by the staff.

In case of arrival before 3:00 pm, entry into the apartment and check-in cannot be guaranteed.

If the arrival time is delayed, it is mandatory to notify the My.Ho Casa S.r.l. reception staff. to the reference numbers indicated in the information email received before arrival.

  1. JURISDICTION. For any dispute that may arise in relation to the execution and interpretation of this contract, the parties agree to the exclusive jurisdiction of the Court of Pescara.
  2. PRIVACY NOTICE.The sub-tenant declares to have read the Privacy Notice that My.ho Casa srl ​​has published on the site pursuant to articles 13 and 14 of the GDPR, and which regulates the Privacy and Cookie Policy of the website.


The sub-tenant declares to have fully and consciously read all the obligations specified in the aforementioned clauses, and in particular to expressly and specifically accept them for a second time, after having read the General Contract Conditions, pursuant to and for the purposes of articles. 1341 and 1342 of the Civil Code, the following clauses: Art. .5 (condition of effectiveness); Art. 6 (saadvance payment of the rent and consequences of non-payment), Art. 7 (non-refundable payment); Art. 8 (failure to take delivery of the apartment within the terms and consequences on payment); Art. 12 (exemption from liability); Art. 12.3 limitation of liability; Art. 12.4 waiver of further rights; Art. 15 Competent court, accepting them expressly and individually

The term 'holiday home' is used solely for website positioning purposes and does not imply any connotation other than the strictly technical one related to search engine indexing. MyHo Casa Srl operates as an authorized subletting entity, entering into temporary rental agreements for tourism purposes; therefore, the booking confirmation constitutes acceptance of the terms and the signing of the stipulated contract.