CONTENT
1. Definitions and Construction 2
2. Lease 2
3. General 3
THIS AGREEMENT (hereinafter, the Agreement) is made between:
The Lessor:
Casa Martana
Gamma S.r.l.
And The Lessee:
The Guest(s)
INTRODUCTION
Subject to the following terms and conditions, the Lessor has agreed to let and the Lessee intends to take from the Lessor the Property for the Relevant Period as from the Commencement Date.
The parties agree as follows:
1. DEFINITIONS AND CONSTRUCTION
1.1. IN THIS AGREEMENT, INCLUDING THE INTRODUCTION, THE FOLLOWING ITALICISED TERMS ARE DEFINED AS FOLLOWS:
Bank Account
Means the bank account held in the name:
Name of the account: GAMMA S.R.L.
IBAN: IT 83M0898774790000000001036
The Property Casa Martana
Means the property located in Castelvecchio (Todi), Vocabolo Castelvecchio 156,
06035 Massa Marta
Relevant Period
Means the period starting on the check-in date and terminating on check-out date.
1.2. IN THIS AGREEMENT, A REFERENCE TO:
1.2.1. ANY STATUTORY PROVISION OR STATUTE INCLUDES ALL MODIFICATIONS THERETO AND ALL REENACTMENTS (WITH OR WITHOUT MODIFICATION) THEREOF AND ALL SUBORDINATE LEGISLATION MADE THEREUNDER, IN EACH CASE FOR THE TIME BEING IN FORCE, EXCEPT WHERE THE CONTEXT REQUIRES OTHERWISE;
1.2.2. A PERSON INCLUDES, WITHOUT LIMITATION, A REFERENCE TO ANY INDIVIDUAL, FIRM, COMPANY, CORPORATION OR OTHER BODY CORPORATE, GOVERNMENT, STATE OR AGENCY OF A STATE OR ANY JOINT VENTURE, ASSOCIATION OR PARTNERSHIP, WORKS COUNCIL OR EMPLOYEE REPRESENTATIVE BODY (WHETHER OR NOT HAVING A SEPARATE LEGAL PERSONALITY);
1.2.3. A PARTY IS A REFERENCE TO A PARTY TO THIS AGREEMENT, EITHER BY VIRTUE OF HAVING EXECUTED THIS AGREEMENT OR HAVING ENTERED INTO A DEED OF ADHERENCE TO IT, AND INCLUDES A REFERENCE TO THAT PARTY’S LEGAL PERSONAL REPRESENTATIVES, SUCCESSORS AND PERMITTED ASSIGNS;
1.2.4. AN ARTICLE, A CLAUSE, A PARAGRAPH OR A SCHEDULE, UNLESS THE CONTEXT OTHERWISE REQUIRES, IS A REFERENCE TO AN ARTICLE, A CLAUSE, A PARAGRAPH OR A SCHEDULE TO THIS AGREEMENT;
1.2.5. THE SINGULAR, UNLESS THE CONTEXT OTHERWISE REQUIRES, SHALL INCLUDE THE PLURAL, AND VICE VERSA;
1.2.6. ONE GENDER SHALL INCLUDE EACH GENDER.
1.3. THE HEADINGS IN THIS AGREEMENT ARE FOR REFERENCE PURPOSES ONLY AND DO NOT AFFECT ITS CONSTRUCTION.
2. LEASE
2.1. THE LESSOR HAS AGREED TO LET AND HEREBY DOES LET TO THE LESSEE, AND THE LESSEE HAS AGREED TO TAKE AND HEREBY DOES TAKES FROM THE LESSOR THE PROPERTY.
2.2. THE TERM OF THE LEASE SHALL BE THE RELEVANT PERIOD WHICH SHALL START ON THE COMMENCEMENT DATE ON CHECK-IN DATE AND TERMINATE ON CHECK OUT DATE.
2.3. THE LESSEE COVENANTS AND AGREES THAT AS A CONSIDERATION HE WILL PAY THE LESSOR FOR THE USE OF THE PROPERTY AS FOLLOWS:
2.3.1. FULL RENT FEE: TO BE AGREED IN ADVANCE BEFORE BOOKING IS CONFIRMED.
CLEANING FEE: ONE OFF PAYMENT 200,00€ (TWO HUNDRED EUROS) TO BE PAID IN CASH UPON ARRIVAL.
2.3.2. DAMAGES DEPOSIT: EUR 500 (FIVE HUNDRED EUROS) TO BE PAID IN CASH UPON ARRIVAL ON CHECK-IN DATE AND REFUNDED ON CHECK OUT DATE IF NO DAMAGES HAVE OCCURRED.
2.4. THE TOTAL AMOUNT IS DUE TO THE LESSOR.
AN UPFRONT DEPOSIT OF 50% OF TOTAL RENT IS DUE UPON CONFIRMATION OF BOOKING. WITH THE REMAINING BALANCE OF 50% OF TOTAL RENT TO BE PAID ON OR BEFORE 30 DAYS PRIOR TO CHECK-IN DATE.
2.5. THE FULL AMOUNT IS TO BE WIRED ON THE LESSOR’S BANK ACCOUNT.
Name of the account: GAMMA S.R.L. CASA MARTANA
IBAN: IT 83M0898774790000000001036
2.6. FOR THE AVOIDANCE OF DOUBT, THE TOTAL AMOUNT OF THE RENT DUE HEREABOVE DOES NOT INCLUDE ANY CLEANING OF THE HOUSE. A ONE-OFF PAYMENT OF €200 CLEANING FEES IS TO BE PAID IN CASH UPON ARRIVAL.
2.6.1 FOR THE AVOIDANCE OF DOUBT, THE TOTAL AMOUNT OF THE RENT DUE HEREABOVE DOES NOT INCLUDE ANY AIR CONDITIONING FEES AT €1,5 PER KW DUE IN CASH UPON CHECK-OUT.
2.7. THE LESSEE COVENANTS AND AGREES WITH THE LESSOR AS FOLLOWS:
2.7.1. THEY WILL, DURING THE RELEVANT PERIOD, MAINTAIN THE PROPERTY IN AS GOOD CONDITION AS NOW, NECESSARY WEAR AND TEAR ACCEPTED;
2.7.2. THEY SHALL BE RESPONSIBLE FOR REMOVAL AND GARBAGE FROM THE PROPERTY;
2.7.3. THEY SHALL INFORM THE LESSOR AS SOON AS POSSIBLE OF ANY DAMAGE CAUSED TO THE PROPERTY
2.8. THE LESSOR COVENANTS AND AGREES WITH THE LESSEE AS FOLLOWS:
2.8.1. THEY WILL, DURING THE RELEVANT PERIOD, NOT INTRUDE ON THE LESSEE’S PRIVACY; AND
2.8.2. THEY WILL PROVIDE, OR PROCURE TO PROVIDE, FOR A HOUSE CLEANING
2.9. CANCELLATION POLICY
- TO RECEIVE A FULL REFUND, THE LESSEE MUST CANCEL AT LEAST 30 DAYS BEFORE CHECK-IN
- IF THE LESSEE CANCELS BETWEEN 30 DAYS AND 7 DAYS BEFORE CHECK-IN, THE LESSEE WILL BE REFUNDED 50% FOR ALL NIGHTS
- IF THE LESSEE CANCELS LESS THAN 7 DAYS BEFORE CHECK-IN, THE FULL AMOUNT WILL BE NON-REFUNDABLE
Please see our Extenuating Circumstances policy – Appendix I
3. GENERAL
3.1. COUNTERPARTS
THIS AGREEMENT SHALL BE EXECUTED IN AS MANY COUNTERPARTS AS THE NUMBER OF PARTIES TO IT, EACH OF WHICH WHEN EXECUTED AND DELIVERED IS AN ORIGINAL AND ALL OF WHICH TOGETHER EVIDENCE THE SAME AGREEMENT.
3.2. VARIATIONS
A VARIATION OF THIS AGREEMENT IS ONLY VALID IF IT IS IN WRITING AND SIGNED BY OR ON BEHALF OF ALL THE PARTIES.
3.3. CUMULATIVE RIGHTS
EACH PARTY’S RIGHTS AND REMEDIES CONTAINED IN THIS AGREEMENT ARE CUMULATIVE AND ARE NOT EXCLUSIVE OF ANY RIGHTS OR REMEDIES PROVIDED BY LAW.
3.4. SEVERANCE
THE INVALIDITY, ILLEGALITY OR UNENFORCEABILITY OF ANY PROVISION OF THIS AGREEMENT DOES NOT AFFECT THE CONTINUATION IN FORCE OF THE REMAINDER OF THIS AGREEMENT.
3.5. LEGAL PERSONAL REPRESENTATIVES, SUCCESSORS AND PERMITTED ASSIGNS
THE PROVISIONS OF THIS AGREEMENT SHALL BE BINDING UPON THE PARTIES’ RESPECTIVE LEGAL PERSONAL REPRESENTATIVES, SUCCESSORS AND PERMITTED ASSIGNS, BUT SUCH PERSONS SHALL NOT BE ENTITLED TO THE BENEFIT OF ITS PROVISIONS UNLESS THEY HAVE ENTERED INTO A DEED OF ADHERENCE.
3.6. EXCULPATION
NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, THE PARTIES AGREE THAT RECOURSE AGAINST ANY OTHER PARTY UNDER THIS AGREEMENT SHALL BE LIMITED SOLELY TO THE OTHER PARTY AND TO ITS ASSETS AND NO LIABILITY SHALL BE IMPOSED UPON NOR SHALL ANY JUDGEMENT BE SOUGHT AGAINST ANY OFFICER, DIRECTOR, EMPLOYEE OR AGENT OF SUCH PARTY FOR THE PERFORMANCE OF ANY OF THE OBLIGATIONS UNDER THIS AGREEMENT. IN NO EVENT SHALL ANY PROPERTY OR ASSETS OF ANY OFFICER, DIRECTOR, EMPLOYEE OR AGENT OF ANY PARTY BE SUBJECT TO LEVY, EXECUTION OR OTHER ENFORCEMENT PROCEDURES FOR THE SATISFACTION OF THE REMEDIES UNDER THIS AGREEMENT OR FOR ANY PAYMENT REQUIRED TO BE MADE UNDER THIS AGREEMENT OR PERFORMANCE OF ANY OTHER OBLIGATIONS OF SUCH PARTIES CONTAINED IN THIS AGREEMENT.
3.7. NOTICES
A NOTICE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE IN WRITING AND IN ENGLISH, AND DELIVERED BY HAND (WHICH SHALL, FOR THE AVOIDANCE OF DOUBT, INCLUDE DELIVERY BY COURIER), OR SENT BY POST (OR BY AIR MAIL IF OVERSEAS), OR SENT OR SUPPLIED BY ELECTRONIC MEANS TO THE PARTY DUE TO RECEIVE THE NOTICE. FOR THE PURPOSES OF THIS CLAUSE, A NOTICE SHALL BE SENT TO THE RELEVANT ADDRESS AND FOR THE ATTENTION OF THOSE PERSONS SET OUT AT THE FRONT OF THIS AGREEMENT. UNLESS THERE IS EVIDENCE THAT IT WAS RECEIVED EARLIER, A NOTICE IS DEEMED GIVEN IF (I) DELIVERED BY HAND, ON THE DAY IT WAS LEFT AT THE ADDRESS REFERRED TO ABOVE, (II) SENT BY SPECIAL COURIER, TWENTY-FOUR (24) HOURS AFTER POSTING IT IF PRE-PAID AS FIRST CLASS POST, (III) SENT BY POST, FORTY-EIGHT (48) HOURS AFTER POSTING, OR (IV) SENT OR SUPPLIED BY ELECTRONIC MEANS, TWO (2) HOURS AFTER IT WAS SENT.
APPENDIX I – EXTENUATING CIRCUMSTANCES
Overview
This Extenuating Circumstances Policy explains how cancellations are handled when unforeseen events beyond your control arise after booking and make it impracticable or illegal to complete your reservation. This Policy applies to reservations for both accommodations and Experiences.
When this Policy allows for cancellation, it controls and takes precedence over the reservation’s cancellation policy. Guests that are impacted by an event covered by this Policy can cancel their reservation and receive, depending on the circumstances, a cash refund, travel credit, and/or other consideration. Hosts that are impacted by an event covered by this Policy can cancel without adverse consequences, but, depending on the circumstances, their calendars may be blocked for the dates of the cancelled reservation.
What events are covered
This Policy uses the term “Event” to refer to the following situations that occur after booking, are unforeseen at the time of booking, and prevent or legally prohibit completion of the reservation.
Changes to government travel requirements.
Unexpected changes to visa or passport requirements imposed by a governmental agency that prevent travel to the destination. This doesn’t include lost or expired travel documents or other personal circumstances relating to a guest’s authorization to travel.
Declared emergencies and epidemics.
Government declared local or national emergencies, epidemics, pandemics, and public health emergencies. This does not include diseases that are endemic or commonly associated with an area—for example, malaria in Thailand or dengue fever in Hawaii.
Government travel restrictions.
Travel restrictions imposed by a governmental agency that prevent or prohibit traveling to, staying at, or returning from the Listing location. This does not include non-binding travel advisories and similar government guidance.
Military actions and other hostilities.
Acts of war, hostilities, invasions, civil war, terrorism, explosions, bombings, rebellions, riots, insurrection, civil disorder, and civil unrest.
Natural disasters.
Natural disasters, acts of God, large-scale outages of essential utilities, volcanic eruptions, tsunamis, and other severe and abnormal weather events. This does not include weather or natural conditions that are common enough to be foreseeable in that location—for example, hurricanes occurring during hurricane season in Florida.
What is not covered
Everything else. This Policy only allows for cancellations for the Events described above. Everything else is excluded. Examples of situations that this Policy does not allow cancellations for include: unexpected disease, illness, or injury; government obligations like jury duty, court appearances or military duties; travel advisories or other government guidance (that fall short of a travel ban or prohibition); cancellation or rescheduling of an event for which the reservation was made; and transportation disruptions unrelated to a covered Event like road closures, as well as flight, train, bus and ferry cancellations. If you cancel a reservation in these cases, the amount refunded will be determined by the cancellation policy that applies to the reservation.