The following general conditions (hereinafter, “General Conditions”) are drafted by G. RENT S.R.L. (Tax Code no. 10752440965), with registered office in Milan, Via Bernardo Quaranta, 40 (hereinafter, “G RENT”), and regulate the booking methods of the accommodation for holiday use by the users (hereinafter, “Users”) through the use of the website www.gabettishortrent.it (hereinafter, the “Website”), as well as the relationships between the Users and G RENT in relation to the use of the accommodation.
- Characteristics of the service
G RENT, through the Website or through websites managed by third parties (hereinafter “Third Parties Websites”), offers visibility to different types of building units located both in the (i) Italian territory and in the (ii) international territory (hereinafter “Real Estate Units” and, each one individually, the “Real Estate Unit”).
Through the Website or through Third Parties Websites the Users will be able to book the accommodation for holiday in the selected Real Estate Units by concluding lease agreements, for limited periods of time, with G RENT which acts on its own name but on behalf of the owner of the accommodation.
By booking the accommodation through the Website or through Third Parties Websites, the Users enter into a lease agreement with G RENT which acts as agent without representation in the interest of the owner of the accommodation. G RENT, acting as agent without representation of the owner, assumes direct obligations towards the User exclusively in that capacity. If the General Conditions refer to G RENT, such reference is made in the interest of the owner. The lease agreement of the building booked through the Website or through Third Party Websites is always regulated by these General Conditions which, together with the reservation and the booking confirmation, constitute the lease agreement between the User and G RENT in the interest of the owner. Reservations of Real Estate Units made through websites and/or portals of third parties or of travel agencies will be governed by these General Conditions.
G RENT sells neither tour packages nor related touristic services. These General Conditions regulate exclusively the building lease agreement. Amendments to the lease agreement will only be valid if in written form. The price of the lease includes the services strictly relating to the use of the Building Units (check-in and check-out, provided by G RENT and/or by third parties, are included in the price).
2. Reservation and conclusion of the contract
For the conclusion of the lease agreement through the Website, the User shall provide all the requested data as well as an active e-mail address to which G RENT will send all the communications relating to the said agreement. For the conclusion of the lease agreement through Third Party Websites, the User will be bound to the Privacy procedures, obligations and provisions provided by the operators of Third Party Websites.
With the acceptance of these General Conditions the User expressly declares that all the data and personal information provided at the time of registration are true, correct, complete and updated. The User shall promptly communicate to G RENT each and any variation to his/her data inserted at the time of registration.
Users may book the Real Estate Units available on the Website or on Third Party Websites following the related booking process.
Users may view the contract proposal for the use of the Real Estate Units for holiday as well as the House Rules (as defined in article 5) established for each Real Estate Unit and they may autonomously express their possible consent. All applicable fees will be clearly indicated in the proposal, including the rental fee for the Real Estate Unit, the final cleaning costs, the booking costs where applicable, any additional costs and any applicable taxes (hereinafter, collectively, the “Total Costs“).
At the time of the booking request the User must be at least 18 years of age.
Upon receipt of the booking confirmation by the User the contract will be concluded and – without prejudice to the provisions relating to the modification and cancellation of the reservations – G RENT will charge the Total Costs, all in accordance with the following payment terms.
Failure, for any reason, to credit the Total Fees in favor of G RENT within the working day subsequent to the day on which the booking confirmation is sent, constitutes an express termination condition of this agreement. In this case, G RENT will inform the User of the cancellation of the reservation.
3. Lease period
Once the contract has been concluded following the dispositions set out in the previous paragraphs, the Users will receive via e-mail to the e-mail address provided for communications, precise information on how to reach the Real Estate Unit, as well as an exhaustive description of the building, the time at which the building will be ready for entry and an indication of the time and place for the collection of the keys and check-in procedures.
The key can be delivered even after the stated time; however, such request shall be made in advance and shall be confirmed, and the User will have to pay a possible agreed additional fee. The accommodation shall be vacated by the User no later than 10.00 a.m. on the day of departure. Unless otherwise stated in writing, the keys will be handed over only if the rent has been paid in full, according to the reservation conditions and upon presentation by the User of an identification document.
4. Real Estate Unit use
The Real Estate Unit shall not be used for purposes other than for holiday reasons. During the stay the Users shall comply with the obligations, prohibitions and conducts established in the “House Rules” published on the Website or on Third Party Websites and communicated together with the booking confirmation.
It is forbidden to set up tents or park caravans or similar inside or next to the grounds of the Real Estate Unit.
The Real Estate Unit shall not be occupied by more than the number of persons indicated in the booking confirmation, including children of any age. During the booking procedure, the User indicates the number, names and personal details of the persons accompanying him/her.
Should the Real Estate Unit be occupied by persons other than those indicated during the booking procedure by the User, G RENT will have the right to request, without notice, the removal of such persons from the Real Estate Unit. If the User does not comply with this request within 12 hours G RENT, in the interest of the owner, will have the right to terminate for breach of contract with immediate effect, including via e-mail, at the discretion of G RENT, requesting the immediate removal of all occupants without further notice and without refund of the paid rent. In any case, a penalty equal to 20% of the price for each person exceeding the maximum permitted is established in favor of G RENT. The User remains directly responsible towards G RENT for any possible administrative penalties relating to the presence of subjects not reported with the booking confirmation.
G RENT cannot in any way be held responsible for disturbances caused by noise.
In the Real Estate Units in which the internet service is provided, the service is provided by the owner. G RENT cannot be held responsible for any reduced network coverage signal, for problems with antennas and cables or for other causes of force majeure. If an internet connection is provided in the Real Estate Unit, this information only refers to the possibility of use. The cost is included in the price.
If the Real Estate Unit is equipped with a swimming pool, the User is uniquely responsible for the use of the pool, and the User shall indemnify and hold harmless G RENT and the owner for damages to himself/herself and/or to third parties. In any case, it is forbidden to allow children under the age of 18 to use the pool without the supervision of an adult.
5. Prices, payment method and refunds
Prices of each Real Estate Unit are expressed in Euro unless otherwise stated. When the User’s booking request is registered, G RENT shall send a booking confirmation to the User and the amount of the rent shall be immediately charged.
Without prejudice to the right of withdrawal referred to in art. 7, G RENT will not grant any refund.
Total Costs, which are from time to time identified during the reservation process of the Real Estate Unit, can be paid by credit card.
Information provided by the User on the Websites during the payment (credit card number, expiration date) will be transmitted, through an encrypted protocol system, to credit institutions that provide remote electronic payment services. Third parties will not, in any case, access such information. Such information may be processed by G RENT exclusively to ensure the fulfilment of obligations arising from these General Conditions and accounting processes which are necessary for compulsory issuance of documents required by law (such as invoices), or if a fraud is committed on the Websites and it becomes necessary to cooperate with the police to investigate on the issue.
G RENT may charge any cost borne for the recovery of amounts owed by the User and related to the payment method chosen (for instance duty drawbacks). Such costs or charges may include fees, service charges or other third-party charges.
Any refund owed by G RENT to the User will be paid in accordance to the provisions set forth in these Terms and Conditions, by the same payment system used by the User.
If taxes and/or duties are introduced or increased, G RENT may increase the rent proportionally upon submission of documentation proving that such changes occurred.
In accordance with the provisions of Legislative Decree n. 206 of 2005 (Codice del Consumo), Users who may be qualified as “consumers” shall have the right to withdraw from this contract within 14 (fourteen) days from the date of conclusion, as identified in article 2.
The User may exercise the right of withdrawal by sending an e-mail to G RENT within the terms provided by this article.
Users who intend to exercise the right of withdrawal shall send an e-mail from the e-mail address communicated by the User pursuant to article 2. The subject of the e-mail shall be the following: RECESSO.
If the House Rules provide so, the use of the Real Estate Unit is subject to the payment by the User of a deposit. The deposit shall be paid together with the rent or prepaid through the payment system referred to in article 5.
The deposit represents a guarantee that covers damages to the Real Estate Unit. The amount of the deposit is calculated taking in consideration, among other things, the size and furnishing of the property and its equipment, the duration of the contract and the purpose of the rent.
The security deposit will be returned within 3 weeks after the check-out (at the latest). Any damage to the Real Estate Unit and the related cost of repairing will be deducted from the deposit. If the costs borne by G RENT to repair the Real Estate Unit is higher than the deposit, the User shall pay the difference.
9. Liability for damages
The User shall not damage the Real Estate Unit. At the end of the rent, the Real Estate Unit shall be left as it was at the time of delivery. The User shall be liable for any damage to the Real Estate Unit and/or furnishings, caused by him or by third parties, that occurred during the rent.
10. Defects, complaints and remedies
The Real Estate Unit is given to the User without defects. If the User discovers any damage and/or defect that may compromise the normal use of the Real Estate Unit, the User shall immediately inform G RENT. Otherwise G RENT will consider the Real Estate Unit free from defects and the User will lose the right to any complaint. If the Real Estate Unit is not clean when it is given to the User, the latter shall immediately inform G RENT. If the User discovers damages and/or defects it shall inform G RENT without delay.
The User shall avoid worsening the damages or the defects found and shall cooperate and take any appropriate measure in order to limit as much as possible further damages.
In the event of a complaint, the User shall allow G RENT to have a reasonable period to intervene on damages and/or defects found. If the User decides to leave the Real Estate Unit before the expiry of the lease agreement, without the consent G RENT, the User shall bear any risk and related costs.
11. Representations and warranties
G RENT acts as agent and, therefore, has no powers to represent the Owner of the Real Estate Unit. G RENT rents real estate properties which are owned by third-parties. Therefore, no warranty is given by G RENT in relation to the Real Estate Unit. Any and all landlord’s legal liabilities and obligations arising from the lease agreement concluded with the User shall be borne by the Owner of the Real Estate Unit.
G RENT protects the interests of the Owner of the Real Estate Unit with respect to the conclusion of the lease agreement. If the performance of the lease agreement becomes impossible due to the owner’s behaviours, G RENT shall, at its own discretion, without incurring any liability and without prejudice to the User’s rights, immediately repay to the User all the rents already paid or, where possible, offer the User a similar property which is located in the same area and which has same rental fees.
By accepting these General Conditions, the User undertakes to indemnify G RENT as well as its employees, auxiliaries, managers and agents against any third-party complaint for damages of any kind (including but not limited to: damage to the property and/or to persons, contractual and/or non-contractual), which may result from the violation of provisions of General Conditions, legal provisions or third parties’ rights.
13. Applicable law and jurisdiction
This General Conditions shall be governed and construed in accordance with the laws of Italy.
Parties shall submit all their disputes arising out or in connection with the General Conditions to the exclusive jurisdiction of the Court of Milan, Italy.
14. Exceptional Events
In the event that the performance of the lease agreement is impossible or frustrated due to the occurrence of exceptional circumstances of force majeure, G RENT may terminate the lease agreement in the interest of the Owner of the Real Estate Unit and neither the Owner nor G RENT may be held liable for such events. In the event of force majeure, any cost borne by G RENT related to the termination of the lease agreement, including booking fees, shall be reimbursed and G RENT shall withhold all amounts paid by the User.
Neither the Owner nor G RENT may be held liable for changes in material or legal circumstances not affecting the Real Estate Unit itself. Likewise, the Owner and/or G RENT have no liability and the User hereby waives any claim for failure to enjoy the holiday for any reason, including but not limited to road works, or construction work close to the Real Estate Unit, closing of shops and similar, changes in opening hours or closings of sports facilities (swimming pools, ski lifts, etc.) and/or sites of cultural interest (cathedrals, museums, archaeological sites, etc.), impossibility to access sites of interest (coastal, beaches, ski slopes, mountain paths, etc.), loss of fishing rights, weather conditions including floods, drought forest fires and other similar circumstances.
The Owner of the Real Estate Unit and G RENT shall not bel held liable in case of insect infestation, theft, robbery, kidnapping, damage to property and/or persons or similar events affecting the User and/or people accompanying him or his private property and/or similar.
15. Limitations of liability
The User exonerate G RENT from any liability arising from the contracts entered through the support of the Websites and/or Third Websites, connected to the content published on the Websites and/or Third Websites or related to the activity/inactivity of other Users.
G RENT does not guarantee continuous and uninterrupted access to the Websites and/or Third-Party Websites and their services, which may be affected by circumstances beyond its control. Accordingly, to the extent permitted by applicable law, G RENT hereby disclaims all implied warranties, terms and conditions. G RENT is not liable in any way for any economic loss, goodwill or damage to reputation nor for any direct, indirect or consequential damages arising from the use of the Websites and/or Third-Party Websites and the offered services.
The Websites and/or Third-Party Websites shall be deemed as is and as available, without express or implied warranty of any kind. G RENT expressly denies any express or implied warranty. In any case, G RENT shall not be liable to third parties for any direct, indirect, punitive, incidental, compensatory, special, consequential or other damages, nor for loss of data, income or profit, loss of property or property damage, interruption of business, loss of programs or data, arising from this Websites and/or Third Party Websites or related to them, from sites or services coupled through the Websites and/or Third-Party Websites or arising from any copy of such websites or programmes, display or use of them, even if G RENT has been warned of the possibility that such damages may occur. G RENT shall not be liable for any loss or damage arising from or related to third party websites or the content that may be accessed through the links contained therein, from the use of the Websites and/or Third-Party Websites or any equipment or software related to this Websites.
G RENT may amend at any time these General Conditions. Such amendment will be effective from the 10th day of its notification by e-mail to the address provided by the User upon registration, not requiring any express signature by the User. The User shall have the right to withdraw from these General Conditions with immediate effect if he/she does not agree to such amendments.
Pursuant to and for the purposes of Article 1418 of the Civil Code, the invalidity of any of the individual provisions of these General Conditions shall not affect the validity of the entire agreement described herein.
These General Terms and Conditions are drawn up in Italian. In the event of a conflict between any of the translated versions of these General Terms and Conditions and the Italian version, the Italian version shall prevail.
All notices relating to this contract shall be given by e-mail. As for G RENT shall be referred to the address: email@example.com.
Upon booking, the User will communicate to G. RENT an e-mail address active until the end of the lease agreement. If, for any reason, the e-mail address provided by the User should become inactive, the User undertakes to immediately notify G RENT of a new active e-mail address. Otherwise, all notices will be sent by G RENT to the municipality of residence of the User if Italian or to the competent embassy in Italy in case of foreign User.
18. Specific approval
Pursuant to and for the purposes of Articles 1341-1342 of the Italian Civil Code, the parties hereby explicitly agree to approve and sign the following clauses: 2. bookings and conclusion of the contract; 4. use of the Real Estate Unit; 7. Withdrawal; 8. Deposit; 10. Defects, Claims and Remedies; 11. Representations and warranties; 12. Indemnity; 13. Applicable law and Jurisdiction; 14. Limitations of Liability; 17. Miscellaneous