Terms of Lease

The following General Terms and Conditions (“TOS“) govern the legal relationships between users (hereinafter “USERS”) accessing the portal www.brorent.it (hereinafter “PLATFORM”) and apply to all services provided by the COMPANY. The common rules contained in Part I of the TOS apply to all such services, unless specifically waived in Part II – TERMS FOR GUESTS or Part III – TERMS FOR HOSTS.

PART I – TERMS COMMON TO ALL USERS

1. Use of the PLATFORM.

a)   The use of the PLATFORM is governed by the general conditions indicated in these TOS for all USERS as well as, as for GUESTs, by the specific conditions identified in Part II of these TOS and, as for HOSTs, through individual agreements, as well as by applicable Italian and European regulations.

b)   USERS in the use of the PLATFORM shall act with utmost fairness, transparency and accuracy, committing themselves to never indicate untrue or approximate information that may generate prejudice to other USERS or the COMPANY.

c)   Each USER is required to indicate only his or her own personal contact information that is actually traceable only to him or her and not to third parties.

(d)   USERS must also interact with each other with absolute respect for each other.

e)   In particular, USERs will never engage in conduct that may be even indirectly discriminatory on the grounds of sex, gender, age, race, religion, ethnicity, or geographical origin.

(f)   The use of the PLATFORM for illicit purposes is strictly prohibited.

g)   The COMPANY reserves the right to prohibit the use of the PLATFORM by anyone who violates these TOS or any other rules in force in Italian law.

2. Definitions

The following expressions (even when used in the plural) have in the present TOS the meanings ascribed below.

• WRITTEN LOCATION AGREEMENT: the document reproducing and summarizing the terms of the ACCOMMODATION AGREEMENT in the hypothesis of a lease for tourist purposes of less than 30 days to be signed by the GUEST in the manner specified at the time of RESERVATION.

• LODGING: any real estate unit published in an AD by a HOST and offered to GUESTS under leases or tourist hospitality contracts.

• ADVERTISEMENT: the HOST’s proposal offering the availability of an ACCOMMODATION on the PLATFORM in which the main information for the GUEST is stated with reference to both the physical characteristics of the ACCOMMODATION and the commercial terms of the offer, as further specified in the BOOKING DETAIL section.

• CAPARRA: the amount, if any, part of the STAY CORRESPECT, that is advanced by the GUEST at the time of RESERVATION as a guarantee of their commitments.

• INSURANCECOMPANY: the company….[name, address, contact information].

• CONFIRMATION OF RESERVATION: the e-mail summarizing the details of the RESERVATION that the COMPANY sends to the GUEST which will be followed by the WRITTEN LOCATION AGREEMENT in the case of rental.

• ACCOMMODATION CONTRACT: The lease or contract of hospitality in accommodation that is concluded between HOST and GUEST at the time of RESERVATION.

• STAY CORRESPECT: The total amount due for the use of the ACCOMMODATION, not including the tourist tax which will be indicated separately.

• BOOKING DETAIL: section of the AD where the commercial conditions of the offer are specifically defined.

• SECURITY DEPOSIT: an amount required by the HOST from the GUEST, in the amount specified in the AD, which shall remain pledged as security for the proper performance of the obligations assumed by the GUEST under the ACCOMMODATION CONTRACT.

• PERSONAL DATA: identifying data of the GUEST required at the time of RESERVATION.

• EXTRA: optional services offered by the HOST.

• PAYMENT MANAGER:

• GUEST: USER booking an ACCOMMODATION.

• HOST: USER, professional or otherwise, who publishes and offers HOUSES to which he/she has the availability by virtue of suitable title under Italian law, including any HOST PROPERTY MANAGER.

• HOST PROPERTY MANAGER: the particular category of professional HOST who is responsible for managing an HOST.

• ORDER: the assignment from the GUEST to the HOST PROPERTY MANAGER with a request to perform services related to the use of the ACCOMMODATION, in assistance and support of the tenancy, including minor repairs to the ACCOMMODATION and minor maintenance, entered into between the GUEST and HOST and concluded at the time of the RESERVATION.

• PLATFORM: a portal offering high-tech services aimed at

(i) encourage and enable the matching of GUEST and HOST, including HOST PROPERTY MANAGERS, and

(ii) make usable to HOST and GUEST various additional information society services and services ancillary to them, including traceable payment instruments

• CANCELLATION POLICY: Provisions designed to govern when the GUEST may withdraw from the ACCOMMODATION AGREEMENT prior to the commencement of its performance, as identified and set forth by each HOST in each AD from time to time.

• RESERVATION: the virtual consent given by the GUEST to the ACCOMMODATION CONTRACT exercised by clicking on the relevant button.

• ACCOMMODATION RATE: The daily charge for ACCOMMODATION less any discounts and EXTRA services.

3. Functionality of the PLATFORM and role of the COMPANY.

a)   Through the PLATFORM, HOSTs can publish and offer LODGINGS that GUESTs can book.

b)   The COMPANY makes the PLATFORM with all its digital functionalities available to USERS, and in particular to GUESTs and HOSTs, and does not directly manage any ACCOMMODATION, is not a real estate agent, nor an insurance company nor an organizer or seller of package tours within the meaning of Directive (EU) 2015/2302. Therefore, the COMPANY remains a third party extraneous to the relationship that is concluded between HOST and GUEST and is exonerated from any liability arising from the conclusion, termination and/or execution or non-execution of the ACCOMMODATION CONTRACT or ORDER or otherwise in connection with any other fact or act in any way related to the legal relationship generated between HOST and GUEST through the use of the PLATFORM, including any issues related to non-payment of the STAY CORRESPECT from GUEST to HOST or failure to return amounts paid by HOST to GUEST as CAPARAGE or DEPOSIT SECURITY or any other title.

c)   The COMPANY, in making the PLATFORM also available for payment transactions, merely receives, through the PAYMENT MANAGER, the amounts paid by the GUEST to the HOST through the PLATFORM. Therefore, the COMPANY can in no way be held liable for facts or events that the GUEST considers prejudicial in any way caused by or connected with payments made in any capacity by the GUEST to the HOST through the PLATFORM.

d)   The COMPANY shall also not be held in any way or in any capacity liable for any wrongful acts committed by USERS in violation of these TOS.

e)   The information contained within the PLATFORM, including that included in the AD is the sole responsibility of the HOSTs. The COMPANY, while taking the utmost care in the management of the PLATFORM and the selection of content, is not able to assume and therefore does not assume any responsibility for the accuracy, completeness and precision of the data and information indicated by individual USERS in the PLATFORM in any of its sections or other related tools.

f)   In addition, the COMPANY cannot and does not intervene in, and consequently does not control, the USERS, their data, or their actions. Therefore, it is not responsible for any errors or omissions arising directly or indirectly from the use of data or information about USERS or LODGINGS in the PLATFORM.

g)   Each USER is required to personally verify the accuracy of information and data found through the PLATFORM before placing any reliance on them.

h)   The COMPANY hereby reserves the right in its sole discretion to interrupt or suspend all or part of the services offered with the PLATFORM at any time for the purpose of maintaining, modifying, updating, or repairing the functionality of the PLATFORM. In such cases, the COMPANY shall in no way be liable for any injury, particularly loss of income, arising to any USER from such temporary unavailability of the PLATFORM.

4. Regulatory Law

These TOS are subject exclusively to Italian law.

PART II – GUEST TERMS

These terms govern the terms applicable to the ACCOMMODATION CONTRACT between GUEST and HOST concerning the ACCOMMODATION selected by the GUEST at the time of RESERVATION and any ORDER for services to the tenant in support of the lease entered into between GUEST and HOST-PROPERTY MANAGER.

5. Reservation

a)   By accessing the PLATFORM, the GUEST finds information on the offer and availability of the ACCOMMODATIONS as prepared by each HOST in its AD as well as of the mandatory services included and any EXTRAS proposed therein.

b)   Prior to the start of the stay stipulated in the ACCOMMODATION CONTRACT, the HOST sends the GUEST a welcome document with an invitation to Self Check-in, as well as an invitation to register to the area defined as “tourist’s intranet”.

(c)   The legal relationship between HOST and GUEST is finalized at the time of RESERVATION and in case of lease is reproduced in special subsequent WRITTEN LOCATION AGREEMENT to be signed in the manner specified with the RESERVATION and subsequent welcome document.

d)   RESERVATION of an ACCOMMODATION may only be made by subjects of legal age. The possible use of an ACCOMMODATION by minor subjects presupposes and implies the authorization and supervision of the GUEST of age who made the RESERVATION as well as of the person exercising parental authority or guardianship over the minor, who will therefore jointly and severally assume all responsibility for the minor’s actions towards the HOST, the COMPANY and third parties in any capacity involved.

(e)   The ACCOMMODATION CONTRACT between GUEST and HOST is concluded at the time of RESERVATION.

f)   In the case of RESERVATION of an ACCOMMODATION offered with a lease agreement will also be sent to the GUEST

(i)   the WRITTEN LOCAL AGREEMENT and how to sign it. The WRITTEN LOCAL AGREEMENT sent by the COMPANY to the GUEST has merely confirmatory and evidentiary value and serves to facilitate the HOST’s fulfillment of its obligations under Italian law

(ii)   THE ORDER by which the GUEST requests services from the HOST to support the use of the ACCOMMODATION. The ORDER is finalized upon completion of the RESERVATION process, which concludes with the GUEST’s payment of the STAY CORRESPECTOR or the HOST, if so stated in the AD.

(g)   The ACCOMMODATION CONTRACT and any ORDER is concluded exclusively between GUEST and HOST and is governed, in order of precedence, by the mandatory Italian and European regulations, where applicable, by these TOS, by the commercial terms and conditions set forth in the AD, and lastly, by any subsequent supplementary written agreements that may have been made between HOST and GUEST.

h)   This is without prejudice to the possibility for GUESTs to enter into specific written agreements with HOSTs to supplement but not derogate from these GUEST TERMS.

6. Fee for the stay

(a)   The STAY PRICE listed in the BOOKING DETAIL includes:

• the amount that results by multiplying the ACCOMMODATION RATE listed in the AD by the number of nights booked, taking into account the number of persons,
• the application of any discounts
• the mandatory services included
• any EXTRA services requested at the time of RESERVATION

(b)   In the STAY CORRESPECT does not include the tourist tax mentioned below.

c)   The amount of the STAY CORRESPECT is collected by the COMPANY on behalf of the HOST or directly by the HOST, depending on the specific agreements between COMPANY and HOST as highlighted in each AD.

d)   All payments that take place through the PLATFORM are made through the PAYMENT SYSTEM which assumes any and all responsibility with respect to its proper functioning. It follows that any problems or complaints regarding the HOST and GUEST payment system can be addressed directly to SYSPAY Ltd. with registered office at 3B Wied Ghomor Street, St Julians STJ 2041, Malta

7. Residence tax and public safety.

a)   In Italian law, it is provided that some municipalities may impose on the GUEST and on each additional guest staying in the ACCOMMODATION the payment of a tourist tax, according to the rates, and with the exemptions, locally provided. The tourist tax must be paid to the HOST who is responsible for all calculation, collection and payment operations and who, for this purpose benefits from a management system owned by a highly qualified third party, made available by the COMPANY.

(b)  Lodging tax is calculated and collected by the HOST directly or through such management system based on the knowledge and information provided by the HOST to the management system itself but may be subject to change upon recalculation upon the GUEST’s arrival in the ACCOMMODATION if the HOST acquires new and different information regarding the GUEST, his/her guests, or local regulations. Such information will be communicated by the HOST to the GUEST as soon as it is known and in any case by the time the GUEST enters the ACCOMMODATION for the first night’s stay.

c)  The COMPANY will not be responsible in case of errors in the calculation and collection of the tourist tax, nor of the technical, computer-related activities carried out by the HOST through the management system, on which the COMPANY has no possibility of verification, control or intervention.

d)   The GUEST acknowledges that, should he/she invite a guest other than those indicated in the RESERVATION to stay overnight in the ACCOMMODATION, he/she must promptly notify the HOST, who will make the arrangements required by current regulations. The GUEST will be liable for all damages that may be caused by failure to comply with this provision.

e)   The COMPANY has no way of verifying the content of the HOSTs’ ADVERTISEMENTS and the indications set forth therein with respect to the tourist tax, which is the exclusive responsibility of the HOST, nor the manner in which the tax and any adjustments are collected. Therefore, under no circumstances may the COMPANY be held responsible for errors on the part of the HOST or of the management system used or for the GUEST’s failure to pay the tourist tax, as well as for any other aspect in any way related to the fulfillments required by the regulations in force on the subject.

f)   In order to enable the HOST to comply with the public safety regulations set forth in Article 109 T.U.L.P.S., the GUEST must send, for himself and for each additional guest entitled to stay overnight in the ACCOMMODATION on the basis of the ACCOMMODATION AGREEMENT, a copy of a valid identity document. Such document must be received by the HOST prior to the GUEST or his/her guest’s entry into the ACCOMMODATION. In view of the criminal relevance of this requirement, in the event of a breach of this obligation by the GUEST, the HOST reserves the right not to allow access to those individuals who are not properly identified. It is understood that since this is a violation put in place by the GUEST, no amount will be due to him/her in restitution or compensation from the HOST.

8. Payment terms and insurance

(a)   THE HOST may request that the GUEST pay at the time of RESERVATION either the entire STAY CORRESPECT or only the HOST’S DEPOSIT, as more fully set forth in the RESERVATION DETAIL.

b)   Since the contract of ACCOMMODATION is concluded at the time of RESERVATION, under no circumstances is the GUEST entitled to a refund from the HOST of the amounts paid.

c)   However, since all amounts paid to the HOSTs through the COMPANY’s PLATFORM are insured through the INSURANCE COMPANY, said amounts may be reimbursed by the INSURANCE COMPANY, if the conditions are met, on the basis of the general terms and conditions of the INSURANCE COMPANY which the GUEST has read and accepted (https://…).

d)   HOST CANCELLATION POLICIES are stated on the AD and are directly decided and managed by each HOST. Therefore, under no circumstances shall COMPANY be held liable for events caused by or related to the return or handling of amounts in connection with the CANCELLATION POLICIES.

9. Custody of the ACCOMMODATION and SECURITY DEPOSIT.

a)   Throughout the duration of the ACCOMMODATION CONTRACT, the GUEST is responsible for the safekeeping of the ACCOMMODATION and its contents and is required to return it to the HOST at the end of the STAY in the same condition in which it was delivered to him/her.

b)   The GUEST shall report to the HOST any defects or faults found in the ACCOMMODATION or its furnishings and equipment, including with respect to the pictures of the ACCOMMODATION displayed in the AD or what is shown in the inventory, if any, within 24 hours of admission, by sending an email directly to the HOST.

(c)   The GUEST acknowledges that the COMPANY under no circumstances can be held liable in any way for any defects, faults or discrepancies with what the HOST promised.

d)   The GUEST has read the specific provisions and rules of use of the ACCOMMODATION stated in the AD and agrees to observe them and to have his guests and invitees observe them.

(e)   The GUEST may not̀ grant the ACCOMMODATION for sublease or loan or otherwise for use by third parties.

(f)   The GUEST shall vacate the ACCOMMODATION free of persons and property without the need for further prior notice at the time stipulated in the ACCOMMODATION AGREEMENT.

(g)   Each HOST may provide, as security for all obligations assumed by the GUEST, for a SECURITY DEPOSIT by the GUEST in the amount specified in the AD. At the time of RESERVATION, the amount of the SECURITY DEPOSIT shall be pledged to the credit card specified by the GUEST (by the COMPANY on behalf of and for the account of the HOST) and shall remain therein retained for the time specified in the ADVERTISEMENT.

h)   The amount of the SECURITY DEPOSIT will be released by the HOST to the GUEST at the end of the period specified in the ADVERTISEMENT, upon verification that the GUEST has properly fulfilled its custodial obligations. If the HOST believes that it has identified damage caused by the GUEST to the ACCOMMODATION, the HOST shall have the right to withhold as a penalty, in whole or in part, pending any judicial determination, the said SECURITY DEPOSIT, without prejudice, in any event, to the right to compensation for any greater damages.

(i)   The COMPANY plays no decision-making role as to whether or not to return the amount of the SECURITY DEPOSIT. The GUEST therefore expressly acknowledges and acknowledges that the COMPANY is not and shall in no way be held responsible for the HOST’s assessments and choices regarding the management of such SECURITY DEPOSIT.

10. Duration of the ACCOMMODATION CONTRACT.

(a)   The duration of the ACCOMMODATION AGREEMENT shall be as stated in the BOOKING DETAIL in the ADVERTISEMENT, as again specified in the CONFIRMATION OF BOOKING and, in case of BOOKING of ACCOMMODATIONS offered for rent, in the WRITTEN LOCATION AGREEMENT sent by the COMPANY to the GUEST after the BOOKING.

b)   The GUEST, aware of the importance of punctuality in the release of the ACCOMMODATION, agrees as of now that, in case of delay with respect to the day and time agreed for the release, he/she will be charged amounts equal to the daily rate increased by 100%, for each day of delay authorizing as of now the HOST to withhold these amounts from the DEPOSIT, if any, and without prejudice to the obligation to pay compensation for greater damages.

11. Replacement of the Building

 If, for reasons beyond the HOST’s control, at the time of entry the GUEST’s chosen ACCOMMODATION is no longer available in whole or in part, the HOST, including through the COMPANY, will endeavor to give support to the GUEST in order to help him/her find a suitable alternative, it being understood that in no event shall the prejudice generated by such unavailability of the ACCOMMODATION be placed on the HOST or the COMPANY.

 12. Faculty access in the ACCOMMODATION

The HOST and/or third parties appointed by the HOST, identifiable upon request by the GUEST, shall have the authority to access the HOUSING in order to carry out any necessary repairs and/or maintenance and/or to fulfill the services stipulated in the ORDER for services, if any, entered into between the GUEST and the HOST-PROPERTY MANAGER. Except in cases of urgency, the GUEST will be informed in advance. The GUEST therefore allows the HOST to maintain for this purpose a copy of the keys (physical or virtual) for access to the HOUSING and hereby authorizes the HOST to intervene should the HOST deem it appropriate for the proper performance of the HOUSING CONTRACT.

13. PERSONAL DATA.

The GUEST also acknowledges that he/she has read and, if applicable, given his/her consent to the Notice contained in the Privacy Policy (https://….).

PART III – TERMS FOR HOSTS

The legal relationship between the COMPANY and HOSTs is governed, in addition to these TOS, where applicable, by specific individual agreements.