RENT:
Yourbanflat S.r.l. (from this moment onward, the Company), through the web site www.yourbanflat.com (from this moment onward “site”) and the brand Yourbanflat, publish ads and manage flats and buildings (from this moment onward, “properties”) on behalf of landlords and/or companies (from this moment onward, “owner”). All properties offered to guests and tenants (from this moment onward, “client”) have been inspected by the staff or appointee person of the Company to ensure that they meet the quality standards which are the base of Company's reputation.
At the time of publishing, the properties are furnished and equipped as described in the detailed and technical descriptions provided to Clients on the Company's web site. Differences between the description and photos on the website and those actually found at the property do not constitute a basis for cancellation, refunds or other claims against the Company. From time to time the Owners of properties may change without notice the layout, furniture or fittings after inspection of Company.
The Company will not be liable to Clients in the event of changes made to a property by the Owner and not notified to it, however the Company will intervene on the renters behalf in the event the quality of the property is diminished as a result of such changes.
Prices and seasons published on the Company's website are indicative and subject to variation without notice prior to the confirmation of a booking. A quote will be provided at the time of inquiry and the confirmation of the booking will occur when the deposit has been paid and the confirmation of booking form is issued. The base currency of referral is the Euro and values
in other currencies published on the Company's websites are based on current interbank rates and provided for comparative purposes only. Rental prices include daily, weekly or monthly rental of the property and such other inclusions that are listed in
the special notes for each property listed under the price list in the property pages. Some costs and deposits are additional to the rental price and are payable locally. Examples of such costs are the security deposit, final cleaning expenses, energy costs, telephone/internet costs, and supplements for additional services. The notes section under the property pricing information is
an addendum and has precedence over these terms and conditions.
PAYMENTS:
The booking is not confirmed until you not receive a confirmation from the Company. The balance of rental must be paid immediately if the booking is within that date. Non payment of the balance by the due date will constitute basis for
cancellation and the property will be re-offered and cancellation conditions applied (see below). Payment by credit card could be subject to commission, in such case the same will be detailed at moment of payment. Alternatively payments may be made, without surcharge, could be indicated by the Company, when available.
CANCELLATION:
Cancellation is effected by the Client when written notification is acknowledged to have been received by the Company, or, in the event of non payment of balances, seven days after the Company has made reasonable attempts to contact the Client by email advising that the payment is overdue. The cancellation policy can be rigid, flexible or moderate; normally, the terms applied are as
follows but may vary for some properties. The client has to check time to time in the details of the property tab which are those actually applied. Should the Client for whatever reason cancel the booking, they will have the right to reimbursement of all money paid subject to the deduction of cancellation charges. Cancellation charges are based on the total rental price and are calculated from the date of the beginning of the rental period as follows:
Non Refundable Rate: 100% (no reimbursement)
Standard Rate: Until 1 day from check in 100% (no reimbursement)
Changes to booking dates, or deep modifications to properties made by third parties, constitute a cancellation of the booking and cancellation terms apply. In good faith, the Company will attempt to facilitate substitution requests, mitigating the
cancellation terms, however the substitution will not be effected until the Company has provided details of the substitution in writing, the Client has accepted the terms of the substitution and any cancellation, service or upgrade fees have been paid.
Clients are strongly advised to take out adequate insurance to ensure that they are protected from unforeseen events which may give rise to cancellations.
REPLACEMENT PROPERTY:
If as a result of a serious breakdown or failure in the rented property, the Company or the Owners decide that it is not possible to continue with the booking, the Company will do its utmost to find a replacement property acceptable to the Client, or refund any moneys paid on unused rental. The Client acknowledges that in this event, the Company's liability for damages will be limited to the amount of unused rental, based on a pro rata calculation of unused rental days. Should a property become
unserviceable prior to the arrival of a Client, the Company will do its best to find a suitable replacement property of an equal standard. If a property with a lower price is selected, a refund of the difference in rental will be made. In the event of a more expensive property being selected, Clients will have the choice of paying the difference or receiving a full refund of moneys paid and consequent cancellation of reservation.
ARRIVALS AND CONDUCT:
Following the final payment, Clients will be issued an accommodation voucher and arrival instructions for the property. In the weeks leading up to the arrival the Company will request details of the expected arrival time, method of transport,
configuration of the property, names of all guests (to comply with Italian Law) and any additional requirements. the Company will endeavor to accommodate out of hours or late arrivals however the Company and Owners of properties cannot guarantee access to the properties after the arrival time noted in the property page and do not accept responsibility for damages, costs or other consequences whatsoever of late arrivals. The Client acknowledges that the following circumstances provide the Owner or the Company with a basis for the immediate termination of the rental agreement without recourse by the Client and forfeiting all moneys paid to the Company or Owner:
• Exceeding the maximum number of guests as noted on the voucher
• Non authorised substitution of guests - the names and passport details of all guests must be provided to the property representative (to comply with Italian Law)
• Conduct unbecoming at the property (including wanton destruction of property, poor hygiene, excessive noise etc)
• Parties, weddings, celebrations unauthorized or involving non guests
• Introducing domestic animals (unless allowed in the property notes and advised to the Company)
The Client acknowledges that there will be no redress against the Company or the Owner in the event that these events cause premature termination of the rental.
SECURITY DEPOSIT:
Prior to entering the property any applicable security deposits, cleaning fees and any other amounts noted in the property notes are required to be lodged in Euros with the local representative or Owner as a bond against potential damages and costs incurred at the property. All expenses and deductions will be accounted for on departure from the property or as provided in the property notes if special rules apply. In the event of damage to the property or chattels, unpaid telephone, heating/airconditioning or other expenses included in the property notes, the corresponding amounts will be assessed at the time of departure and the balance of the deposit, less costs assessed returned to the Client. The Client acknowledges that they are responsible to the property Owner for the full value of damages caused notwithstanding that it may exceed the value of the
security deposit and that they may be pursued in common law to make good any damage caused. the Company shall not be held responsible for disputes regarding the security deposit arising between Clients and property Owners; however it will endeavor to assist parties to arrive at an agreement in the event of a dispute.
DEPARTURE AND CLEANING:
Departure times are noted in the property notes and the property representative will arrange to conduct an inspection. It is a condition of rental that the property must be left in a clean and orderly manner at the end of the rental period. This implies that the dishes are washed, rubbish is removed from the property and the rooms are left in an orderly condition. Where properties are not left in an orderly condition, the Owner is entitled to deduct up to €50 from the security deposit to meet the additional costs of cleaning. Clients are not authorized to rearrange the furniture of the property and crockery and other equipment of the house (chairs, blankets, etc.) must not be used or transported out of the house. Candles and oil burners are not permitted inside the house and must be used with great care on paved terraces.
After delivery, repairs of breakdowns caused by the Clients and those of ordinary maintenance (plugging of toilets and basins, damages to equipment and furniture and to the property, stains on mattresses and bed covers, broken crockery) will be charged to the Clients and the amounts will be deducted directly from the security deposit. In uncertain circumstances the person in charge will keep the whole of the security deposit and will return any balance together with receipts for the expenses met for repairs carried out after the departure of the Client.
CLEANING AND MAINTENANCE:
A mandatory cleaning fee may apply in the amount specified at the moment of the reservation and in the reservation voucher and must be paid prior arrival, in accordance with instructions provided in the reservation voucher. Clients are allowed to require extra cleaning services during their stay.
The Company, on demand, can ease contacts of third parts and local companies carrying out such services, but BI cannot be liable of standard quality of service offered and won’t enter any dispute could arise. The Client acknowledges that the Owners or their personnel have the right to periodically enter the property during the rental period in order to carry out their duties
(for instance, periodical check and maintenance of heating, cleaning of boiler or air conditioning, etc.). These services are mandatory and the property representative will advise the times and frequency of such services on arrival to reduce any inconvenient caused to guests.
COMPLAINTS:
Any problems with the property encountered during the property rental period should be reported immediately to the property or area representative. The Owner and the Company will endeavor to address the problems and resolve them to the satisfaction of the Client as soon as possible, in accordance with technical time may be required. In the event that the Owner or the Company is unable to resolve the problem to the satisfaction of the Client, a complaint must be lodged immediately in writing to the Company area representative or in writing to the Company by email, fax or letter. Reasonable time must be allowed for the Owner or the Company to resolve the problem. Clients must not vacate the property under any circumstances without the express written agreement of BI as to do so will annul the rights to claim for compensation. Where a Client believes they have a claim for compensation, the period of compensation will commence from the time the complaint is received to the end of the
rental period. Requests for compensation must be lodged with the Company in writing (info@yourbanflat.com or to the local
representative) within 24 hours of completion of the rental period. Complaints presented after the expiry of the rental period will not be taken into consideration. Clients acknowledge that the amount of compensation payable by the Owner and the Company for whatsoever reason is limited to a prorate calculation of the property rental paid and the period of compensation.
The following events do not give rise to claims for compensation:
• Force Majeure, terrorist acts or natural disasters
• Shortages of power, gas or water outside of the property Owners control
• Damage from wind, rain, hail, flood, fire, lightning, landslide or other acts of God
• Inundation by pests, insects, rodents etc. (some properties are in country or seaside areas where these may periodically occur)
• Claims arising as a result of damage caused by Clients to the property
• Differences in the descriptions and photographs of the property shown in promotional material (unless significantly altering the nature of the accommodation)
• Damage or loss to Clients' belongings or property
• Actions limited by Italian Law i.e. the period in which heating may be switched on is defined by the government and varies between areas
• Civil works or construction projects nearby the rented property that are not under the control of the Owner or the Company
LIMITATIONS OF LIABILITY
Clients acknowledge that many of the properties have inherent dangers including unfenced swimming pools, dry stone walls, un-gated access to roads, staircases, unfenced drops etc. Clients acknowledge that they are responsible for taking all necessary safety precautions for themselves and their guests and neither the Company nor the Owners accept any liability for accidents causing death, sickness or bodily harm howsoever caused. The Company and Owners deny any liability or claims in the event of incidents occurring whilst occupants or guests are under the influence of alcohol or any non - therapeutic drugs. The limitation of liability for any claim against the Company and the Owners of property for whatsoever cause is limited to the total amount of rental paid to the Company by the Client.
ACCEPTANCE OF TERMS AND CONDITIONS:
Clients acknowledge that by acknowledging these terms and conditions in the Company's inquiry form or booking request that they agree to be bound by the provisions contained herein and to accept liability for damages caused by them or their parties to Owners' properties. The rental agreement shall be governed by Italian law in every particular including formation and interpretation. Any proceedings arising out of or in connection with this contract may be brought in any court of competent jurisdiction in Italy.
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