Agenzia Immobiliare

Standard contract terms for booking a vacation accommodation with the estate agency ToscanaSi!

Contract Terms of the Tourist Lease pursuant to Article 1 (2) C of the Law 431/98

Form taken from the Agreement between Confedilizia and Sunia/Uniat dated Aug. 12, 1999
(These provisions are part of the Lease "Reservation and Tourist Lease" which will be sent to you upon payment of the deposit):  

1. The Tenant shall take care of the items given to him and shall be responsible for all damages resulting from his fault or negligence, if any, during the rental period on the rented object, its ancillary rooms and all accessories thereof.

2. The Tenant shall observe the Rules of the House and the general neighborhood rules.

3. The property is leased including furniture and household appliances, to the exclusion of special accessories (iron, etc.), bed linen, towels and table linen, unless agreed otherwise in the reservation. (Judgment of the Civil Court of Justice No. 5632 dated May 18, 1993, Section III, Article 51 D.P.R. no. 597/1973).

4. The Tenant shall not grant further leases for the rented object (subleases) or rent it out.

5. No part of the rent shall be paid back in the event that the keys are returned before due time.

6. The Tenant shall grant the Landlord or his agent access to the property.

7. The lease shall terminate automatically without giving notice. Notice of termination is hereby given, and all extensions of the Lease, if any, are subject to a separate agreement.

8. The Tenant shall hold the Agency harmless against all liability for direct or indirect damages resulting from the management of the property, in particular, from the use of electrical appliances available in the rented object. The same applies to non-performance for which the Agency is not liable.

9. The presence of more persons than specified in the reservation will result in the cancellation of the contract pursuant to Article 1456 of the Civil Code.

10. In the event that the property should not be available during the time period specified in the reservation, the Landlord shall only be obliged to pay back the deposit and an additional penalty in the amount of the deposit.

11. In the event that the Tenant should exceed the rental period, he shall be obliged to pay the sum equal to 10 days' current rent for each day in excess of the rental period, provided that no higher damages or cost arise from the breach.

12. All complaints or disputes resulting from the present agreement, if any, shall be settled according to the plaintiff's sole choice by the court of arbitration with the Chamber of Commerce I.A. and A of Grosseto. The parties hereto (Tenant and Landlord) hereby subject themselves to the rules and the judgment of such court without any exceptions. The courts of Grosseto shall be the proper venue for all disputes, and the Tenant hereby appoints the Offices of the Community of Grosseto his domicile, also for the service of enforcement orders, if any.

13. The parties hereto agree that all costs resulting from the necessary or possible registration in compliance with the provisions of the Circular 12/E dated Jan. 16, 1998 of the Department of Finance shall be borne by the Tenant, who will reimburse the Landlord or his agents entirely from all possible costs in this connection (a Tourist Lease only has to be registered if the lease is made for a time period in excess of 30 days!) (by way of derogation from Article 8 of Law 392/78 and all articles of this law that have not yet been repealed).

14. The Lease shall not take effect prior to payment of all agreed sums to the Toscana Si! estate agency or the owner of the house. These sums are approved and accepted by the signature on the reservation, thus also repealing the obligation contained in Article 1 (4) of Law 431/98 because the reservation does not constitute a contract.

15. The Tenant, being a person of full age and legal capacity, and aware of the criminal consequences of false testimony, hereby declares pursuant to Article 1 (2), (3) of Law 15/68 that he is domiciled in the place specified on the reservation form, and that the property serves as secondary residence for tourist purposes pursuant to Article 1 (2) letter C of Law 431/98.

16. For all issues not addressed in the present contract, reference is made to the Civil Code and local customs.

Contractual obligations assumed upon the reservation:

(These provisions are part of the Lease "Reservation and Tourist Lease" which will be sent to you upon payment of the deposit)

1. In the event of a rescission from the lease, which has to be communicated in writing, the Tenant shall be subject to the following performance obligations (corresponding to section 13 of the Lease "Reservation and Tourist Lease").

a. The deposit shall be retained until the 61st day prior to the beginning of the leased term in order to cover the damages arising from the cancellation by the Tenant.

b. Between the 60th and the 35th day prior to the beginning of the lease, a cancellation fee of 20% of the entire rent shall be payable in addition to the deposit to cover the damages resulting from the cancellation by the Tenant (the total amount corresponding to 50% of the total rent).

c. Between the 34th and the 2nd day prior to the beginning of the lease, a cancellation fee of 50% of the entire rent shall be payable in addition to the deposit to cover the damages resulting from the cancellation by the Tenant (the total amount corresponding to 80% of the total rent).

d. If the cancellation is given on the day of arrival or one day before (NO SHOW), a cancellation fee of 60% of the entire rent shall be payable in addition to the deposit to cover the damages resulting from the cancellation by the Tenant (the total amount corresponding to 90% of the total rent).

e. In the event that a substitute tenant is found who accepts the cancelled lease subject to the same terms and the same price, the Tenant canceling the Lease shall be reimbursed for the total amount already paid, less a lump sum of EUR 26.00 to cover the expenses of the Agency.

f. The Tenant may prove that a considerably lower damage, or no damage at all, was incurred than the lump sum claimed from him.

2. A delay by the tenant should in picking up the keys by more than 36 hours without informing the Agency Toscana Si! immediately shall constitute a breach of contract which will entitle the Agency to let the property to other interested parties without further notice. (corresponding to Section 9 of the Lease "Reservation and Tourist Lease").

3. When receiving the keys, the Tenant shall pay a security (the amount of such a security may vary and is shown on the price lists of the respective vacation residence) to the house owner or the Agency Toscana Si!, such security to be reimbursed at the end of the stay after having inspected the property and its furnishings. The Tenant hereby agrees to fully pay for all higher damages, if any. (corresponding to Section 7 of the Lease "Reservation and Tourist Lease").

4. Domestic animals, if permitted, must always be registered, and are subject to an express approval. (corresponding to Section 3 of the Lease "Reservation and Tourist Lease").

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