This translation is provided for courtesy purposes only, it is not intended as a replacement for it's Italian version. Documents to be signed upon arrival will be provided in Italian language; an English translated copy will be sent to the customer prior arrival.
Klodge SRLs (hereinafter “KLODGE”, “Agency” or “Intermediary”) is a Professional Real Estate Broker registered in the Section of Real Estate Agents and Agents - REA n. SS-213700, as well as real estate manager on behalf of third parties, a primary operator in the property management short rentals market.
These general rental conditions (hereinafter, "General Conditions") apply to the lease agreement (hereinafter, "Contract") for temporary use / holiday purposes stipulated between the lessor (hereinafter, "Owner") - the sole custodian and responsible ex. art 1575, 2043, 2051 of the Italian Civil Code - of the real estate unit (hereinafter, "Property") and the Customer (hereinafter, "Tenant", "Customer") through the intermediation of KLODGE in its capacity as real estate broker/agent with representation. These General Conditions also regulate the contractual relationships between the Customer and KLODGE as a real estate broker, following the booking and payment of the Property selected from those advertised on the website www.klodgepm.com or in any case proposed to the Customer by email / telephone or booked by the Customer through Online Travel Agencies (hereinafter, "OTA's").
1. GENERAL PROVISIONS
1.1. The lease has the legal nature of "Lease for tourist pourpose" or alternatively "Lease for temporary use" and is concluded by KLODGE as an Intermediary in the name and on behalf of the respective lessor principals upon their express authorization and responsibility pursuant to art. 1575-2043-2051 et seq., according to the prices advertised on the site internet or those communicated by KLODGE in compliance with the terms and conditions provided by the private agreements stipulated with the Owners themselves. KLODGE acts as Intermediary and assumes direct obligations towards the Client exclusively in this capacity. The lease of the property booked through the intermediary of KLODGE is always governed by these General Conditions which constitute the contractual terms of the agreement between the KLODGE and the Client, between the Owner of the Property and the Client.
1.2. If the Customer purchases additional services or services with respect to the Contract (such as linen, cots, high chairs or other services), these represent only an agreement between the Customer as a holiday maker and the service provider. These services are not subject to the rental conditions in force, which relate solely and exclusively to the Contract.
1.3. It is possible entering into specific agreements without prejudice to these General Conditions.
2.1. . The properties are qualified according to Italian and regional laws as private accommodation: the Owner rents the property as a private individual and not as an accommodation facility in possession of hotel licenses. It is therefore forbidden to provide additional hotel services (linen change, infra-weekly cleaning, surveillance or mail sorting) during the guest's stay.
The rental of such private accommodation is intended as occasional, non-continuous and carried out in a non-business manner. As private properties used for residential purposes, they do not meet standards or categories, which is why they may show small defects that do not affect the use for which they are intended.
2.2. The advertising showcase may also contain the offer, on behalf of the respective managers, of qualified accommodation in accordance with current legislation as ' Hotel Facilities '. In this case, the qualification of hotel accomodation will be shown in the advertising card and the rental price will include 10% of the statutory VAT.
3. MINIMUM STAYS AND RENTAL PERIOD
Rentals are advertised that provide for the following minimum stays: (a) low and mid season: 3, 5 nights with arrivals and departures on any day of the week, where this is provided by the Owner; (b) high season: 7 nights with arrivals and departures on any day of the week, where this is provided for by the Owner. Private accommodation can generally be rented only in certain periods of the year. Exceptions to minimum stays are possible depending on particular types of property or specific needs of the owner.
4. BOOKING PROCESS
4.1. Booking of accommodation with direct confirmation
The accommodations on the website www.klodgepm.com in the ' BOOK ' section can be booked directly online / via email / telephone by proceeding with the payment of the required deposit by credit card or bank transfer. Following the booking request, the Customer will receive from KLODGE (via e-mail) a Booking Request Confirmation (" Pre-booking' status) containing booking details, summary of costs, amounts and deadlines of the various payments (deposit / balance / ancillary payments), information on the status of the reservation, conditions and payment details as well as links to the General Conditions. All details relating to reservations will also be visible in the Reserved Area of the Tourist.
The booking will be considered confirmed and the Agreement concluded (' Confirmed ' status) when KLODGE will process / receive the payment and will send an e-mail confirmation of receipt of the same. The booking request lapses if the customer does not provide a valid or large payment instrument or does not make the payment by bank transfer within 3 days from the time of the request; in this case KLODGE will be free to conclude lease agreements with third parties concerning the same accommodation for the same period. As soon as the reservation has reached the ' Confirmed ' status, the Customer will receive an e-mail containing the details for access to their Reserved Area.
4.2. Reservation of accommodation upon request
The accommodations on the website www.klodgepm.com with a calendar on request can only be booked upon request for actual availability to be sent by filling in the appropriate contact form or by email / telephone. The booking process takes place as reported in point 4.1 above.
4.3 Booking through OTA's
Booking processes other than the previous ones, such as those adopted by OTA's, can be different.
5. PRICES AND PAYMENTS
Payments for reservations will be settled and accepted only and exclusively with currency in Euro. Before making the reservation, the Customer examines the amounts relating to the rent, agency fees and other costs associated with the lease on the website and / or through the quotation sent by e-mail. The tourist tax is listed in the quotation, to be paid on the day of arrival. The rents are not subject to VAT, except in the case referred to in point 2.2 or in other specific cases. The reservation is immediately binding.
5.1. Payment terms for rentals with a maximum duration of 30 days
The Booking Request Confirmation contains the amounts and deadlines of the various payments useful to confirm the booking as follows:
(a) to be paid at the time of booking: 30% as a deposit (down payment) calculated on the rent from the price list, plus 15% (VAT 22%) inc. for agency expenses;
(b) to be paid no later than 30 days before the start of the lease: 70% as the balance of the rent to be paid by bank transfer or credit card;
(c) to be paid upon arrival: tourist tax (where applicable), utilities based on consumption and end-of-rental cleaning (as indicated in the Property sheet), any supplements at the request of the Client.
The Agency Fees / Commissions (generally equal to 15% of the rent) include booking management fees, key delivery service during standard hours. Upon receipt of the down payment and commission, KLODGE will send an e-mail confirmation of payment of the deposit and an invoice for its duties. As this is invoiced at the time of booking is never refundable. Upon receipt of the balance of the rent, KLODGE will send the arrival documents (vouchers and information to reach the Property) by e-mail. Only for selected properties, Agency fees includes a collective Insurance to cover penalties charged in the event of cancellation of the stay for objectively documentable, unpredictable and unknown reasons at the time of booking, including COVID-19 infection. The Customer will take care to read the general insurance condition published on www.klodepm.com, KLODGE will take care to forward the insurance card to the Customer. Agency fee is invoiced at the time of booking and is never refundable.
5.2. Payment terms for rentals lasting more than 30 days
For rentals longer than 30 days, the terms of payment and cancellation, the agency fees as well as the security deposits may be subject to changes which will be communicated at the time of booking with the relative documentation. Before the final confirmation of the reservation, the Customer may, upon request, carry out an inspection at the property of their interest. The Customer is always required to read carefully the descriptions, prices and technical information of the Property, described on the website www.klodgepm.com. For Contracts with a duration of more than 30 days, registration is required for tax purposes: stamp duty and receipt costs are entirely borne by the Tenant while the registration costs are divided equally between Lessor and Tenant as established by law.
5.3. Reservations made less than 30 days. from the beginning of the stay
For bookings made less than 30 days from the start of the stay, Customers must pay the amount indicated in a single solution at the time of booking. Payment must be received by KLODGE no later than 3 days. from the reservation.
5.4. Reservations made through OTA's
Payment terms offered to the Customer through OTA's platforms can vary.
6. ARTICLE RELATING TO THE MEDIATION RIGHT
Simultaneously with the booking request, the Customer grants Klodge an irrevocable and exclusive mediation assignment, concerning the transmission of the booking request to the Lessor (Rental Proposal / Preliminary Contract). The assignment is presumed in any case formalized with the utilization of the services listed in our website and in our property sheets.
The Customer undertakes to pay Klodge a commission fee (Agency fees) agreed at a percentage equal to 15% (including 22% statutory VAT) of the rental price for leases with maximum duration of 30 days; the agent shall acquire the right to commission and the related payment at the time of the deposit payment. For leases longer than 30 days, the commission amount is to be determined upon agreement between the parties. The commission will still be due even if the rental of the property is concluded directly between the Customer and the Lessor, at a later time after the expiry of the Rental Proposal. In connection with anything not expressly provided for in this document, the Italian Civil Code provisions are valid. The mediation assignment is not conferred by the Customer - and the commission is not due - for bookings / rentals concluded through OTA's platforms Booking.com, Airbnb.com.
7. DURATION OF THE CONTRACT AND EARLY WITHDRAWAL
7.1. The duration of the Contract will be indicated in the Booking Request Confirmation.
7.2. Pursuant to art. 59 lett. n) of Legislative Decree 6 September 2005, n. 206 (Consumer Code) the right to withdraw from the Contract is excluded, even in the event of agreements concluded at a distance.
The cancellation of the reservation (early withdrawal) in the days prior to arrival will imply the application of the penalties specified below. The communication must be sent in writing by e-mail to email@example.com.
7.3. The Customer is entitled to the rights referred to in art. 33, lett. E), Legislative Decree 206/2005.
7.4. Pursuant to the provisions of art. 55, lett. B) Legislative Decree 206/2005, the penalties indicated below must be paid by the Customer in the event of withdrawal even when the Contract is concluded via the internet, given that the Contract relates to services relating to accommodation for a specific rental period.
7.5. The calculation of the days referred to in point 5.1 is made on the basis of 24-hour days ending at midnight
8. CANCELLATION FEES FOR RENTALS WITH A MAXIMUM DURATION OF 30 DAYS AND DURATION OF MORE THAN 30 DAYS
The cancellation of a reservation, even if replaced by another, requires the payment of the following penalties:
(a) 30% of the rent plus agency fees in the case of cancellation of the booking communicated before (and no later than) the 30th day from the beginning of the stay (day of arrival excluded from the calculation);
(b) 100% of the rent plus agency fees in the case of cancellation of the booking communicated between the 29th and the day of the start of the stay;
(c) 100% of the rent plus agency fees in case of no-show.
Different cancellation terms offered to the customer through OTA's, where they differ from these General Conditions, applies.
The Klodge agency fees are never refundable.
9. WITHDRAWAL FOR TRAVEL RESTRICTIONS
In case of withdrawal from the Contract due to travel restrictions related to the COVID-19 epidemic, KLODGE and the Owner undertake to keep the amount paid by the Customer as a confirmation deposit, allowing to defer the date of stay until one year forward. Travel restrictions are the containment measures of the Covid-19 epidemic officially imposed by the competent government authorities that sanction: (a) for residents abroad, the closure of the national borders of the country of residence of the Customer and / or of the majority of other participants in the stay; (b) for residents in Italy, the closure of the municipal, regional or specific area in which the Client and / or the majority of the other participants in the stay are resident; (c) the closure of the national borders of the country where the Property is located; (d) the closure of the municipal, regional or specific area in which the property is located. Other events are excluded such as: any quarantine obligations on arrival, airport closures, cancellation / postponement of flights, non-governmental containment measures, personal reasons.
10. CHANGES TO BOOKING
The changes requested on the property booked after the booking has been confirmed do not oblige the Intermediary in cases where these cannot be satisfied.
11. SERVICES AND COSTS BORNE BY THE CUSTOMER
In the sheets of each Property it is clearly indicated what the rent includes or does not include. The costs for utilities are generally borne by the Tenant and calculated according to consumption, at the current prices, according to the meter readings recorded at incoming and outgoing.
11.1. Cost of heating, electricity and water (where required): in buildings where energy / water consumption is not included in the rent (see the sheet of each individual Property) and where a flat-rate cost estimate is not established, it is delivered to the Client a card when collecting the keys. The receptionist notes the meter reading data on the card. No decimal figures appear on the counter, and therefore the kWh are in round figures; any red figures also represent kWh in round figures. After departure, the attendant reads the meter again and on the basis of this final reading the consumption of electricity or water is calculated. The costs of heating, electricity and water consumption are to be paid locally to the Owner or his representative upon departure.
11.2. Use of heating, conditioning, fireplaces and stoves: the use of fireplaces or wood stoves is not permitted in any property. In some properties, the use of outdoor fireplaces / barbecues may be prohibited by condominium regulations or local regulations.
11.3. Internet connection: neither KLODGE nor the owners of the properties where the Internet connection is made via ADSL and WI-FI (subscriptions are made by the owners independently) are responsible for slowdowns or malfunctions of the connection caused by atmospheric agents, by instability of the lines , and / or causes not attributable to KLODGE or the Owner. In the event of malfunctions, the owners will do everything possible to remedy the inconvenience. Some connections may not be suitable for jobs that require sustained megabyte usage.
12. THIRD PARTY SERVICES
On the Website, the Customer can purchase services offered by third parties on request, including, by way of example but not limited to, initial supply of linen, rental of cribs, cots and the like. These services will be provided by third parties in collaboration with KLODGE, at the express request of the Customer. The costs for services are charged to the Tenant and invoiced with legal VAT, must be paid locally to the supplier himself or his representative. These services can be requested up to 7 days prior to arrival.
13. ONLINE CHECK-IN PROCEDURE
The Lessee is required, prior to arrival, to duly complete the online check-in procedure found in the Reserved Area of the Tourist on the website www.klodgepm.com. The Tenant must share the compilation with all the participants in the stay. It will be necessary to upload photos of identity documents and take a “selfie” for identification. In the absence of the online check-in procedure and / or the presentation of identification documents, access to the Property will be allowed upon charge of a penalty of € 50.00. In cases where it is not possible to carry out the Online Check-In procedure, Customers will take care to provide KLODGE in good time before arrival - via email - with the identification information contained in their identification documents to be communicated to the police authorities. The identification data are also essential so that KLODGE can arrange cancellation insurance coverage for the benefit of the Client and the other occupants. Access to the Property will not be allowed in the absence of identification documents.
14. PARTICIPANTS IN THE STAY AND IDENTIFICATION
At the time of the online check-in procedure, through the reserved area of the website or via email, Customers will be required to enter the names and ages of the people who will stay in the Property for the purpose of drafting the Contract and communicating the attendance at the competent authorities. The maximum number of people that the structure is able to accommodate is indicated in the sheet of each property. This number (adults - children - infants) cannot be exceeded in any way or for any reason. KLODGE must be informed and must approve any replacement or increase of guests that occur within the property during the stay, even in the case of organizing events (birthdays, anniversaries, weddings, etc.) that must be communicated to the company and accepted by the Owner, upon application of any supplements.
In the event of changes in the number of people present or in the arrangement of the rooms upon arrival, the Owner who has not been previously informed by the Agency and who has not accepted any changes will not be required to respect them. Should it be in his power to please the Customers, they will still have the obligation to pay the required supplements.
15. ARRIVALS AND DEPARTURES
Arrivals and departures are allowed on any day of the week, unless otherwise indicated in the Property sheets.
15.1. Arrival time
The scheduled arrival times are between 4.00 pm and 8.00 pm. We invite Customers to communicate the time and means of arrival so that the Owner or his representative can be on site to wait for the Customer and facilitate entry to the Property. This is possible through the Reserved Area for the Tourist by filling out the check-in form; the information will be sent directly to the key collection managers.
15.2. Late arrivals
In the event that the Client needs to arrive late in the evening and after 8.00 pm, KLODGE will endeavor to facilitate the arrival of clients at the booked Property, the receptionists may request a supplement, the cost is specified in the Property sheets. .
Any changes concerning the date and time of arrival must be communicated as soon as possible to KLODGE by e-mail or through the Reserved Area to better organize check-in. In the event that KLODGE is not informed of a possible delay in arrival, and is unable to accept a "late check-in", the Customer will have to bear the costs of accommodation in a structure other than that booked with KLODGE, without having nothing to request from the Intermediary or the Owner himself, who will in any case have done everything possible to satisfy the Customer.
15.3. Departure time
Departure from the Property must take place in the morning by 10.00 am, allowing access to the Intermediary or the Owner to check the condition of the Property and to the cleaning staff for the arrangement of the house. In the event that the check-out takes place before 08.00 the check-in staff at their discretion may request a supplement that will be communicated at the time of the early check-out request. The departure time must in any case always be communicated at least 12 hours before departure to KLODGE or to the check-in manager.
16. ARRIVAL TO THE PROPERTY
Upon arrival at the Property, Customers are asked to present the voucher and an identification document (passport or identity card) to the Owner or to his representative agency for identification purposes as required by Italian law. Customers will be required to sign the documentation including the Rental Agreement, Regulations of Use, General Rental Conditions - of which they will receive a copy by e-mail one week before arrival. The Tenant also settles the tourist tax and other amounts due on site.
17. SECURITY DEPOSIT
Upon arrival, the Customer pays KLODGE, the Owner or the receptionist a security deposit (hereinafter, "Deposit") by credit card, to guarantee the fulfillment of the obligations arising from the Contract. The amount of the deposit depends on the size of the property, the furniture and its equipment and is indicated in the accommodation sheet. The Owner or the receptionist have the right to prevent entry to the Customer who has not paid the Deposit.
The deposit will be returned to the customer after departure, after checking the state of the property and carrying out the final cleaning; the same rule will also apply in the event of the Customer's departure at times other than those established in point 15. Any damage, penalties and additional expenses (eg heating costs, electricity) will be deducted from the amount of the Deposit. In the event of a dispute between the Customer and the Owner for any damage caused to the Property, its equipment or furnishings, and where it is possible to repair the damage with payment on invoice, the Owner or his representative are authorized to return the Deposit by bank transfer. , deducting the invoice amount and attaching a copy to the Customer. In the event that the amount of damage exceeds the Deposit, the Tenant must pay the difference; However, compensation for any further damage suffered by the Owner is reserved as an immediate and direct consequence of the damage caused by the Customer. KLODGE declines any responsibility in case of disputes regarding the deposit between Customer and Owner.
The Customer is required to treat the leased things - including equipment, appliances, appliances and systems correctly and with diligence. The leased property must be returned in the same condition it was in at the time of delivery, subject to normal deterioration due to use. The Client is liable to the Owner for any damage caused to the Property and / or furnishings that occurred during the rental period and which were caused by the Client himself or by third parties to whom the Client has given access to the Property. Damages occurring during the rental period must be reported immediately to KLODGE, the Owner and / or his representative. The Owner or KLODGE as his representative may lodge a claim for damages occurring during the rental period within 3 weeks from the end of the rental agreement, the term expires if the Client has acted intentionally.
19. LUGGAGE STORAGE
The advertised properties have the quality of private accommodation, luggage storage is not allowed.
20. CLEANING OF THE PROPERTY
The final cleaning of the property is mandatory and is excluded from the rent, unless otherwise indicated in the property sheet. The relative cost is to be paid locally to the cleaning agency or its representative. It should be noted that Customers are not allowed to clean the Property independently at the end of the stay for the sole purpose of avoiding paying the relative cost. It is also not allowed to move any linen provided outside the property; any loss of parts will be charged by the supplier company at the documented replacement cost. The properties must be returned in good hygienic conditions in all their parts and accessories. The kitchen must be left in good hygienic conditions and tidy, with no dirty dishes and dishes in the sink and clean stove. If, for any reason, including time, the guests are unable to clean the kitchen and furnishings before their departure, KLODGE or the Owner will have the right to request a supplement for cleaning the same. It is the Customer's responsibility to take care of any separate collection and waste disposal, unless otherwise indicated. If the guests fail to dispose of the waste, the Owner or his delegate may request a supplement for this service. Weekly cleaning (applicable only to accommodation facilities) does not include kitchen cleaning and waste disposal.
21. CHILDREN 0-24 MONTHS
Upon request and in collaboration with third party suppliers, KLODGE will make available to the Customer cots, cots and high chairs for children. The relative cost is indicated in the Property sheet and is to be paid locally to the supplier or his representative. The company is kindly requested to communicate the number of cots requested when booking and in any case at least 7 days before arrival.
Within the cards of each property it is indicated whether animals are allowed, customers may be asked for a cleaning supplement to be paid locally. It should be noted that at the time of booking the customer is required to communicate any pets that he will bring with him, indicating their number and size. Small and non-dangerous breed animals are generally admitted; each request must be examined and can only be satisfied with prior approval. The Owner or his representative may deny entry to the Customer who will bring an animal with him without having communicated it at the time of booking, or not accept animals when the number of them seems excessive for his Property. Pets not reported to the Owner/Intermediary will cause immediate termination of the Contract.
23. MAINTENANCE OF GREENERY AND SWIMMING POOLS
The pools will be open in the periods indicated in the information of each property and in any case in those provided for by the condominium regulations (openings in low season will also be governed by weather conditions). Only for swimming pools for exclusive use, any openings outside the indicated period must be agreed with the Owner and may require the payment of a supplement. The Tenant and the other guests are strictly required to comply with the swimming pool use regulation to be signed on arrival and displayed inside the house.
24. ACCESS ROUTES
The advertised properties are often reachable only via dirt roads, not very wide, steep or bumpy. KLODGE will take care to specify any recommendations in the property sheet. We therefore ask Customers to carefully consult the card on the site to check if there are any particular indications regarding access to the road. The property sheet is also equipped with a satellite map where you can view the real location of the buildings and their access roads. KLODGE is not responsible in the event that adverse weather conditions make the roads more difficult to travel or in the event that the same customers are not skilled in driving on dirt roads. It is also not responsible in the event that a Customer has not carefully consulted the website www.klodgepm.com, as requested and as expressly stated at the time of acceptance of these Conditions.
25. MAINTENANCE AND ACCESS TO THE PROPERTY
In the event of maintenance or exceptional interventions essential for the smooth running of their stay, Customers may in no case prohibit the owners or the Agency from accessing the Property or the home. It is understood that the owners or the Agency will always provide notice and require the presence of the guests themselves, it being understood that where guests cannot be present during the work, the owners or their representatives will still be able to enter the homes, if necessary to carry out any repair work.
26. TOURIST TAX
Based on the provisions of art. 4 of the Legislative Decree n. 23 of 14 March 2011, Italian municipalities with a prevalent tourist vocation can apply for the tourist tax. The tax is applied to each overnight stay (ie for each person and for each night) and the amounts (between € 0.80 and € 5.00 per person per night) are established by the Municipality to which the property belongs; there may be any exemptions (such as for children under 12, disabled people, etc.). The tax, if provided by the Municipality, must be paid in cash to the check-in manager upon arrival. The amount of the Tourist Tax will be communicated by the Intermediary. Any refusal to pay the tax must be certified using the appropriate form and will result in reporting to the relevant Municipality.
27. RULES OF CONDUCT AND RULES OF USE
27.1. Rules of conduct
Guests are kindly asked to observe the behavioral rules in force in our country, in addition to the usual rules of good manners, as well as to show the utmost respect for the Owner and the Property in which they are staying. It is absolutely forbidden to move furniture inside the house, bring furniture and furnishings inside the house and / or use them other than that for which they are intended. If the failure to comply with the rules of conduct (e.g. condominium rules) is at the basis of damage to the structure or its furnishings or equipment (including the garden and swimming pool), the Owner will have the right, at its sole discretion, to consider resolved the Contract by verbal communication to the Tenant and in writing for information to the Agency, and requesting the immediate removal of the Customer from the Property with the right to also resort to the public force. KLODGE declines any responsibility in case of disputes between Customer and Owner. In the event of legal actions, the Owner will provide the Customer with the data of the competent court.
27.2. Regulations of use
All guests are required to read the 'Rules of Use' as an integral part of the Contract. The regulation can be consulted within the Tourist Area and must be signed by the Tenant upon arrival together with the Contract; the regulation is also posted inside the accommodation. The rules of use establishes the rules of conduct to be respected for all occupants and the penalties to be borne by the Lessee in case of non-compliance.
28. DEFECTS, COMPLAINTS AND LIMITATIONS OF LIABILITY
28.1. Photos and descriptions
All Properties on the www.klodgepm.com website have been selected, examined and photographed by KLODGE. The published descriptions correspond to the actual state of the properties at the time of acquisition and have been drawn up in good faith. The properties are private houses furnished and furnished according to the tastes of the owners, so any small deficiencies cannot be considered as a reason for complaint.
The property is delivered to the customer without defects. It is the Client's obligation to immediately report any damage and / or flaws and / or defects in the Property that prevent normal use. Otherwise, the accommodation is presumed delivered to the Tenant without any defect and he will lose all right to complain. Complaints regarding the state of cleanliness of the property must be made immediately. Complaints regarding damage and / defects must be made as quickly as possible and no later than 24 hours from the start of the rental period or from the finding of the damage / defect. Complaints must be addressed to the local KLODGE offices by calling +39 393 885 6323 (during office hours: Monday to Friday from 08.30 to 21.00, Saturday and Sunday from 9.00 to 20.00). Complaints submitted in writing must be addressed to customer service: KLODGE SRLs, Via Pescara 11 07026 Olbia, E-mail: firstname.lastname@example.org. The Customer is obliged to cooperate in order to avoid a worsening of the damages or of the defects and faults found. In the event of a complaint, the Customer is required to allow the Owner - or to KLODGE who intervenes out of mere courtesy on owner behalf - a reasonable amount of time to be able to intervene or remedy any damage and / or defect and / or malfunctioning. However, KLODGE reserves the right to verify the reasons for the complaint in person on site and in the presence of the Customer, through a representative. Mediated custody of the property remains in charge to the Owner / Lessor, who is the sole and exclusive responsible pursuant to Articles 1575-2043-2051 et seq., Italian civil code.
28.3. Responsibility of the Owner
Any civil liability of the Owner for defects and / or faults present in the Property is limited exclusively to the direct economic damage suffered by the Customer. For indirect damages (consequential damages) or for non-economic damages (moral damages) the Property Owner cannot be held responsible.
28.4. Limitation of Liability
KLODGE is considered exempt from liability in the following cases:
(a) the Client does not find the Property of his taste upon arrival, having provided the company with photos, any videos, maps, detailed information and the best possible description of the Property, and having read and accepted these General Conditions which explicitly require accurate reading of the information relating to the property booked. In the presence of children, it is advisable to pay attention to the descriptions and photos of the properties and to request further details from the Intermediary, in order to ensure that the chosen Property is suitable.
(b) the Customer has not correctly read the detailed description of the site or has not requested information or contacted the KLODGE office for further clarification.
28.5. Refund requests
No form of reimbursement will be granted to the Customers who
(a) in the event of any inconvenience or problem, they leave the Property without prior written notice to KLODGE;
(b) decide to anticipate their departure from the booked Property in the absence of valid reasons or serious inconveniences;
(c) decide to anticipate their departure without having previously given written explanation and justification to KLODGE;
(d) have not carefully consulted the website, finding situations that are not appropriate for them upon arrival, without having given the opportunity to the KLODGE representative to verify the reason for the complaint.
(e) are removed from the Property at the request of the Owners for missing communication of occupants exceeding capacity or animals (the number of exceeding persons and the presence of animals must always be communicated in advance to KLODGE and accepted by it in agreement with the owners) or in the absence of payment of the security deposit or other breaches that lead to the termination of the Agreement.
KLODGE does not recognize as justified causes for complaint and disclaims any liability for
(a) events not directly attributable to the Intermediary or the Property Owner: atmospheric events, presence of local fauna, mosquitoes and insects in general (the presence of any non-owned and "passing" animals may occur considering the geographical position structures, especially if the location is in isolated and / or countryside areas).
(b) lack of electricity, gas, water, internet if this depends on government bodies, external causes or force majeure.
(c) any inconvenience caused by third parties, such as, by way of example, maintenance work on public roads or renovations of buildings and the like in the vicinity of the rented properties.
(d) personal and / or valuable items left unattended within the Property, especially if the necessary precautions have not been taken by the Tenant.
29. POSITION OF KLODGE AS AN INTERMEDIARY
KLODGE operates as an agent with representation in the interest of the owner of the property, therefore all legal responsibilities and obligations imposed on the landlord and descendants from the rental agreement concluded by the customer are the sole responsibility of the property owner. If the execution of the Lease Agreement becomes impossible for reasons not attributable to KLODGE and instead attributable to the Owner (including the hypothesis in which the Property is subject to sale, seizure, foreclosure or auction), KLODGE undertakes , alternatively and at its discretion, to immediately return to the Customer the rent already paid or, where possible, to propose to the Customer a similar property, in the same area and at the same economic conditions.
30. WITHDRAWAL BY THE OWNER AND REPLACEMENT OF THE PROPERTY
In the event that the Owner is forced to cancel the Customer's reservation for reasons beyond its will or due to force majeure, KLODGE will identify, in agreement with the Customer, a new Property with the same requirements or the same level of the one previously booked. In the event that the price of the new property is lower than the property booked, KLODGE will refund the customer an amount equal to the difference, while if the price of the new property exceeds the amount paid by the customer the latter, by accepting the proposed Property, will be required to pay the difference in the higher price. In the event that the Client accepts a replacement of the Property following his complaint, he will have nothing else to request and / or expect, neither from KLODGE, nor from the Owner of the accommodation previously booked and then replaced. If the parties are unable to find an agreement on the replacement of the Property, upon receipt of the written cancellation of the Agreement by the Customer, KLODGE will refund the amounts paid excluding the Agency Fees. Under no circumstances will KLODGE and the Owner be obliged to pay hotel bills or alternative accommodation.
31. OTHER CLAUSES
31.1. If the Customer enters into a specific written agreement with KLODGE that differs in one or more points from these General Conditions, this agreement does not affect the effectiveness of all the remaining conditions that remain applicable to the Contract.
31.2. These General Conditions are valid subject to printing errors.
31.3. Rental fees are subject to changes in relation to seasonal contingencies and market trends, according to the conditions established in agreement with the Property.
31.4. These General Conditions apply to all Lease Agreements relating to rental periods from 01.01.2022 to 31.12.2022.
31.5. The lease of a Property for a period after 31.12.2022 takes place under the conditions available at the latest on 01.01.2023. KLODGE reserves the right to modify these General Conditions from time to time; the amended General Conditions will be published on the website.
32. EXCLUSIVE JURISDICTION AND APPLICABLE LAW
In the event of a dispute, the court in which the leased property is located will have exclusive jurisdiction. For the purposes of these General Conditions, including the notification of executive deeds and for the purposes of judicial jurisdiction, the Customer elects domicile in the premises and, if he no longer occupies or holds it, at the Secretariat Office of the Municipality where the leased property is located. These General Conditions are regulated and applied exclusively according to Italian law.
All documents are drawn up in Italian, for some of them a version translated into English is provided as a mere courtesy. These General Conditions are regulated and applied according to the Italian law.
34. DATA PROTECTION
The Tenant, having read the present General Rental Conditions, declares pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code law to expressly and specifically approve the clauses referred to in the articles: art. 6 (Article relating to the mediation right); art. 7 (Duration of the contract and early withdrawal); art. 8 (Cancellation fees); art. 9 (Withdrawal for travel restrictions); art. 17 (Security deposit); art. 18 (Damages); art. 27 (Rules of conduct and rules of use); art. 28 (Defects, complaints and limitations of liability); art. 29 (Position of KLODGE as an intermediary); art. 30 (Withdrawal by the owner and replacement of the property); art. 32 (Exclusive jurisdiction and applicable law).
© KLODGE Gennaio 2022.
Società Unipersonale, sede amm. e legale: Via Pescara 11 07026 Olbia, SS, Italia telefono 3938856323 C.F. e P.IVA 02900350907 Capitale Sociale €900,00 i.v. Iscr. Reg. Imprese di SS N° 02900350907 REA n. SS-213700