General condition for the Lease

FOREWORD

These “General Conditions for the Lease of Tourist Accommodation” refer to:

• “Fontanebianche.it“: the Real Estate Agency managed by Lia Galati, that processes the rental contract;
• “Landlord”: the person who provides his home for the rent, for short-term holiday purposes;
• “Tenant”: the person who takes the house for rent;
• “Short-Term Holiday Rental”: lease of residential properties which include all those arising during a trip or stay, for leisure, holiday, care, education, religious interests, for a period not exceeding 30 days;
• “Short-Term Holiday Rental Contract”: the short-term holiday rental contract made between the Landlord and the Tenant;
• “General conditions for the Lease of short-term holiday rental contract“: conditions and laws that regulate the holiday rental contract.

1. What Fontanebianche.it wants to promote is arising the awareness of Sicily as a historical and artistic site, but it also wants to underline the hospitality and authenticity of Sicilian people and their lesser known characteristics (sayings, habits and behaviours, and values such as friendship and solidarity). Experience a time in contact with the locals sharing their rhythms is the best way to understand Sicilian essential aspects, the relationship between nature and history, urban and rural culture.
2. The properties advertised with photos and descriptions by Fontanebianche.it on its website are not tourist facilities, but private homes for holiday use, so they do not belong to any internationally recognized standard or category, but they reflect in their architectural features and furnishings the local traditions and the personal tastes of the Landlord. For this reason they can have some deficiencies, as well as the houses we usually live in.
3. The Landlord and Tenant shall conclude an “Short-Term Holiday Rental Contract”, the Landlord not being the holder of VAT, the Landlord does not release the invoice unlike a hotel, holiday farm, etc. etc. To the Tenant on his arrival is delivered by Landlord a simple receipt of payment.
4. Fontanebianche.it carries out exclusively the rent service on behalf of the Landlords, and does not deal with:
   – delivery and return of the property;
   – money collection (deposit and balance);
   – collection and return of the deposit (if expected);
   – cost final cleaning (if expected);
   – Linen (the linen, if expected, will be left by the Landlord in the drawers before the arrival of the Tenant, is excluded the towel and bed linen exchange service by the Landlord, the Tenant must provide for their own care to the initial and daily tidying of rented property);
   – levying price electricity (if any);
   – tourist tax (if expected by the Municipality);
   – communication to the State Police, of people who arrive in the house.
   All the above mentioned tasks will be performed by the Landlord.
   The Landlord is also responsible for the payment on the correct income tax coming from the rent of real estate and the correct fulfillment of other tax-related, obligations related to the lease.
   The income that comes from the Short-Term Holiday Rental Contract, can be subjected, for option of Landlord, or the “Regime di Cedolare Secca” on income earned from real estate rentals (art. 3 Decreto Legge 23 del 14/03/2011 / art. 4 del D.L. 50/2017) or at “Regime fiscale ordinario IRPEF”.
5. Rental prices are determined by the individual Landlord and published by Fontanebianche.it as well as communicated, on such prices there is no commission for FontaneBianche.it by the Tenant. Fontanebianche.it does not perform any service to payment for the Tenant.
6. The Landlord is solely responsible for the property (use and conditions) the Tenant. The Tenant is in turn responsible for any damages caused to the accommodation during the rental period.
7. The Tenant must always refer to the current version of the “General conditions for the Lease of short-term holiday rental contract” text published when he consult it.

HOW TO RESERVE YOUR PROPERTY

1. For rent of the house selected, you must to send me by e-mail:
   – copy of your identity document (readable);
   – 1 or 2 mobile phone numbers;
   – for every person they serve these data: Surname Name, sex, date of birth, place of birth, nationality;
   – n. couples present.
   For non-EU people, serve the copies of identity documents or passports of all persons who will occupy the house.
2. If the property is still available we will send you an e-mail with the “Short-Term Holiday Rental Contract”. The contract must be signed and sent back by e-mail, within two working days, with copy of the deposit payment, payment must be made exclusively by bank transfer directly to the Landlord of the house (all the data to make the payment will be within the contract)
3. Once the deposit has been credited, the “Short-Term Holiday Rental Contract” will be returned to you with the Landlord’s sign and his phone numbers for the communications regarding your arrival.
4. The balance must be paid:
   – or on arrival the key delivery;
   – or by bank transfer in advance, at least 15 days prior to arrival.

GENERAL CONDITIONS

1. Arrivals and departures
   The property will be delivered directly by the Landlord between 5 pm and 8 pm of the day of arrival (Saturday). The return must take place between 8 am and 10 am of the day of departure (Saturday). The return of the property after the scheduled time, unless previously arranged with the Landlord, will result in the loss of the security deposit. However, if necessary, you have the possibility to arrange directly with the Landlord a different timetable.
2. Deposit
   The Tenant has to pay cash or cheque, at the moment of the delivery of the keys, the security deposit (where expected) to the Landlord as a warranty.
   This amount will be returned by the Landlord to the Tenant before his departure. In case of any damages to the furniture or the accommodation the Landlord will deduct from this amount a sum repairing the damage or he will use it for any additional cost not included in the price you have paid.
3. Final property cleaning
   At the moment of the delivery of the keys, the Tenant must pay to the Landlord the final property cleaning (where expected). The Landlord provides for the cleaning of the house only when the Tenant concluded the holiday period, without providing any cleaning service during the stay.
   
4. Tourist tax
   The landlord is obligated to cashing by the Tenant, in the municipalities where provided, the tourist tax, the amount is determined by the Municipality.
5. Linen: Bed linen and towels
   Landlord and Tenant are aware that the Tenant is provided with its own towels and bed linen and which shall own care to tidyng daily the leased property. It is excluded from the Tenant, the provision of linen, meals and beverages, surveillance sevices, custody and clean the rooms.
   When the Landlord gives the linen, it must be left in the drawers before the arrival of the Tenant, the service is not included by the Landlord of the house of change towels and bed linen, the Tenant of the house has to provide at their own initial and daily tidying the rented house.
   In the event that the Landlord does not give linen and the Tenant is incapacitated clothes you can rent them in a laundry of the area.
6. Apartments equipment
   The accommodation is delivered to the Tenant clean and tidy. At the moment of the departure the Tenant is required to wash dishes, empty the dustbin and move back the items of furniture in case he has relocated them. If the Tenant do not respect these rules, he will loose the security deposit. The cleaning equipment is available, but the Tenant has to buy detergents and sponges.
7. Rules and penalties
   The property is provided with equipment and accessories sufficient for the number of people it can host. The Tenant will not allow any strangers to live in, and he agrees not to occupy the property for a number of people higher than the existing beds, otherwise the Landlord can decide to conclude the contract and the amounts already transferred will be kept by the Landlord. In this case the Tenant loses the right to any refunds. In order to identify the number of beds in the house what matters is the number of people indicated in the “Holiday Rental Contract”.
8. Failed arrival
   If the day of arrival the Tenant is late, he must call the Landlord on time. In case of failure of notification the property will remain available until the 5 pm of the following day, thereafter the Landlord will be free to rent it to another person.
9. Advanced departure
   In case the Tenant leaves the property before the indicated time, he has the right to ask that the property remains available for the agreed time. Anyway, at the time of departure, he has to return the key and the amounts already transferred will be kept by the Landlord. The Tenant loses the right to any refunds.
10. Complaints
    At the moment of the arrival, the Tenant has to monitor the equipment and inform the Landlord about malfunctioning and lacks within 24 hours after the delivery of the keys.
    Every complaint, sent later than 24 hours or at the time of departure, may not be taken into consideration. Failures of routine maintenance, when not caused by negligence or misuse by the Landlord, will not be charged and will be repaired according to the availability of workers and materials.
11. Cancellation
    The Tenant has the possibility to cancel the “Short-Term Holiday Rental Contract” but he will lose the deposit.
12. External maintenance (where expected)
    The Landlord has, if necessary, free access (time previously arranged with the Tenant) to the property for some maintenance works: garden, lawn, swimming pool, etc. etc.
13. Responsibilities
    The Landlord and Fontanebianche.it assumes no liability for any direct or indirect loss or damage of any kind, and in particular:
    – for damages caused by accident, circumstances beyond people’s control, bad weather, fire, earthquakes, tsunamis, theft, damage, physical injuries and whatnot;
    – fault or negligence of third parties, well as poor service attributable local public administration (cleaning beaches, removing of waste);
    – for damages of any kind attributable pursuit of activities (private and public) both diurnal and at night will is close to the house as for example bar, pub, nightclub, restaurants,pizzerias, market, rides, bathing beaches, train stations, bus stations etc. etc., events and exhibitions, take garbage.
14. Agengy Services
    The Services that provides Fontanebianche.it to Landlord and to Tenant, automatically terminate at the end of the signing contract between the Landlord and the Tenant. At the end of the contract remain responsible for renting solely and exclusively Landlord and Tenant.  The Fontanebianche.it will always be available for any unexpected eventuality and until departure from the house.
15. Cancellation by the Landlord
    In case of cancellation by the Landlord or circumstances beyond one’s control that prevent the regular stay, all amounts received by the Landlord will be returned to the Tenant excluding any other compensation for moral and materials damages.
16. Registration
    Both Tenant and Landlord know that the rental contract which terminates within 30 days is not subject to fiscal.
17. Data Transmission Agenzia Entrate
    The Fontanebianche.it will send the Agenzia delle Entrate data on rental contracts of real estate (art. 4 del D.L. 50/2017), such as: name, surname and the landlord’s tax code, lease period of the property, the amount of the gross consideration and the address of the property.
18. The police communication
    Is obligation of the Landlord communication to the police, within 24 hours of arrival, the guests in the homes of the persons.
19. Court
    This type of lease for holiday use is subject to the Italian laws that rule the property market and in case of dispute both Tenant and Landlord jointly agreed to resort to the Foro del Tribunale (Court) or to the Peace Officer of Syracuse, according to the specific skills. Italian is language used.

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