GENERAL TERMS AND CONDITIONS
The following General Terms and Conditions govern the contractual relations between the guest (hereinafter the "Customer") and Estay srl, with registered office in Cagliari (CA), Piazza Deffenu n. 9, CF and VAT number 03794490924 (hereinafter the "Company") following the booking and payment of the accommodation chosen from those present on the portal www.estay.it (hereinafter the "Site") concluded remotely in a direct or indirect, via any mobile device, by e-mail or by telephone. Estay srl is a property management company that is a subject that operates professionally in the management of properties and / or accommodation of third party owners with the aim of leasing them for purposes other than housing, with particular reference to the tourism sector. At the same time Estay srl is a company that provides ancillary services during the stay of its customers, such as the supply of linen and cleaning of the premises, assistance in the event of breakdowns or malfunctions to the equipment of the property, the promotion of experiences in the area . The following general conditions govern the terms and conditions of the agreement between the Company and the Customer who books and purchases the services provided by Estay through the Site. object the chosen accommodation stipulated between the Client and the Company which, as agent with the relative power of representation, acts in the name and on behalf of the owners of the accommodation, thus generating contracts whose legal effects are attributed directly to them pursuant to art. 1388 cc The customer is required to accept these General Conditions and Terms of Use governing the services of Estay as well as the prodromal phase to the stipulation of the lease agreement which will be entrusted with the regulation of the relationship between the Customer and the owner of the accommodation in order. duration, price, applicable taxes and the regulations governing the stay. The customer is therefore required to fully read the General Conditions and Terms of Use as well as any special conditions applicable to individual services, made available on the Site before making a reservation as well as, during the subsequent stages of check-in on. line, to read the short lease agreement and its attachments in advance. Upon confirming a reservation or purchasing a service offered by the Company, having checked this document, you automatically accept the General Terms and Conditions described here. The Company points out that the acknowledgment check on the Site prevents the continuation in the subsequent steps of the booking. The General Terms and Conditions may be modified by the Company unilaterally and at any time, without prior notice, it being understood that such modifications will not be applied to orders placed by the Client before such modification.
Booking procedure
The online booking platform accessible from the Estay site allows the Customer to view and consult the availability and prices in real time of the accommodations managed by Estay srl or its Local Managers. If the chosen accommodation is free for the selected period, to conclude and confirm the reservation, the Customer must pay the amount shown in the order summary by credit card following the guided instructions. Upon successful payment, the Company will send the Client a Booking Confirmation e-mail containing details of the amount paid, the length of the stay, the number of occupants as well as any additional services.
Reservations on the Site are divided into refundable and non-refundable. Depending on the booking method, making the payment constitutes a confirmatory deposit pursuant to art. 1385 cc (in the case of a refundable booking) or a real advance payment (in the case of a non-refundable booking). The reservation can never be considered confirmed until the payment is successful and the Customer has not received the Booking Confirmation email.
The reservation is valid as a minute of the contract for all legal purposes and commits the Customer to stipulate the rental contract at the time of check-in which, at the Customer's choice, can be signed simultaneously upon arrival at the accommodation or at the Welcome Point of Estay or of the Local Manager or remotely through the online check-in methods and signature of the same through OTP technology integrated in this Site.
Rates and Payment
The accommodation rate is indicated in the order summary which must be understood as including, in addition to the rent, also the cleaning costs and ancillary services provided by Estay gross of any tax or legal fee. For rentals of less than one month, the total amount must also be understood as including energy and gas consumption, heating and water, waste tax and condominium charges. The balance of the amount of the stay for the indicated period will have already been fully paid by the Customer to the Company at the time of booking by paying by credit card or must be paid before check-in, whether it is contextual upon arrival at the accommodation or online, or again in the event of an untimely cancellation of the reservation according to the times indicated in the "Cancellation of reservations" section. Any other optional services offered by the Company and chosen by the Customer will be invoiced with the application of VAT at 22% as per law. The rate does not include the tourist tax which must be paid in cash or by credit card at the time of check-in according to the procedures established by the regulations of the Municipality of reference for the accommodation. The rate also does not include any damage caused to the property or to the movable goods that provide it by the Customer whose repair and / or recovery costs have been predetermined by Estay, in the Customer's main interest, in a specific list ( identified as "Annex A" in the relative contract). The items indicated in the aforementioned table are to be understood as excluding VAT.
Cancellation of reservations
On the Site there are two types of rates: refundable and non-refundable. In the event of a refundable rate, the customer can cancel or modify the reservation with the right to a full refund of the amount paid before check-in, as reported on the booking summary received at the time of the reservation. In case of cancellation or modification after the aforementioned terms, the reservation can no longer be refunded. The non-refundable rates cannot be changed and, at the time of booking, prepayment of the entire stay is required with the exclusion of the right to refund even in the event of cancellation or modification. In each of the aforementioned hypotheses, the non-presentation of the customer at check-in will result in the payment of the total amount of the reservation. The Client acknowledges that any charge, total or partial, of the cost of the reservation due to an untimely cancellation constitutes an adequate and reasonable form of compensation for the pre-contractual liability towards Estay and the owner of the accommodation due to missed opportunities. for the rental of the same accommodation to other potential customers. Therefore, whenever the Client views an offer for a specific property according to the wording "non-refundable", the Company informs the latter pursuant to art. 51, co. 2, Legislative Decree 206/05 that the relative booking will result in a non-repeatable payment obligation. Any request for modification of the reservation is subject to approval and availability by Estay srl or the partner managing the accommodation and upon communication via email to booking@estay.it or telephone request to the Company's reservations office. In the event of a request to change the dates of the stay, the number of guests or to change accommodation, there are supplements that will be requested based on availability and which depend on the period of stay. The booking service provided by Estay srl constitutes a supply of accommodation for non-residential purposes so that the discipline on the exercise of the right of withdrawal pursuant to art. 59 letter n) of Legislative Decree 206/05 (so-called Consumer Code) with full operation of the cancellation policies provided here by the Company and the charges of the related costs to Customers based on the reimbursement policies described in this paragraph.
Discipline of check-in and check-out
The customer must confirm the check-in time according to the methods indicated in the Booking Confirmation e-mail or in any case through an express communication sent to Estay srl before arrival. Check-in will take place according to the defined times and in two ways: at the apartment or at the reference Welcome Point. At the time of check-in, the Customer delivers to the Company's representative the identification documents for each adult and minor who will use the accommodation for identification to the security authorities (State Police). The valid identity documents for this purpose are: identity card or driving license for Italian and EU citizens, passport for non-EU citizens. Failure to show each guest's identity documents will result in a ban on access to the accommodation. The Customer undertakes not to accommodate a number of people greater than that indicated in the Booking Confirmation. Failure to comply with this obligation will result in the Client's obligation to pay the Company the penalty provided for in the lease contract. The Customer undertakes to sign - in virtual or paper form - the short tourist rental contractor accommodation [1] which will be stipulated according to the regulations in force in the national territory (Law no. 431, 9 December 1998). As an alternative to signing in person and on paper, the contract can be viewed and signed in virtual form, using the check-in procedure integrated on the Site in the section called "Check-in Online", by means of SMS authorization with a unique OTP code ( One Time Password) which will be delivered to the mobile number of the guest, as a private device associated with the person which therefore allows the univocal identification of the signatory. The signature affixed through OTP Service is an advanced electronic signature (FEA) and has the same legal validity as the electronic or handwritten one. The service is provided by Solution Plus Srl, which has a mandate for the management of personal data such as e-mail and telephone number for the sole purpose of the service. By signing the contract, you accept the conditions and rules of the accommodation better described in the relative contract as well as the condominium legislation, in the event that the accommodation is part of a condominium. For bookings of less than thirty days, a credit card will be required to guarantee any damage (Postepay, Debit Card or prepaid cards of any kind will not be accepted). In case of lack of credit card as guarantee, a cash deposit is required which will be returned after checking for any damage in the apartment. The Client agrees to allow the Company's representative, and / or the third parties appointed by the same, who can be identified upon the Client's request, to access the accommodation in order to carry out any necessary repairs and / or maintenance. Except in cases of emergency, the Client will be informed in advance through his contact details and, if he does not respond in time, the Company's representative will be able to access the accommodation. The return of the keys is mandatory according to the methods that will be communicated at check-in and according to the availability of the staff of Estay srl
Security deposit
When provided and explicitly indicated on the detail page of the accommodation on the Site or in the Online Check-in section, upon delivery of the keys, the Customer pays the amount of the security deposit to the person in charge of check-in. The security deposit required depends on the length of the lease, the type of accommodation of particular value and / or the presence of animals. The security deposit will be fully returned to the Client at the end of the stay, after the termination of the Contract. It is understood that, in case of ascertainment of damage caused by the Client to the accommodation, the Company will have the right to withhold the security deposit, without prejudice, in any case, to its right to compensation for any greater damage.
Booking modification
The Company reserves the right to propose the replacement of the accommodation with another of equal or higher quality if, for reasons not attributable to itself, it is unable to ensure the Customer entry into the property and stay in the manner indicated. in the Booking Confirmation. Among the non-attributable causes are indicated, by way of example only, sudden problems with the plumbing or electrical system, lack of cleaning by the company in charge or any other reason that makes it impossible for the Client to stay in the accommodation to protect his safety. or health. The Company undertakes to promptly communicate the need to change the reservation with the new accommodation proposal in writing by sending an e-mail to the same address with which the Client made his reservation. The change of booking is in any case confirmed with the prior consent of the Customer, which can be communicated in an express form, by written or telephone reply, or tacitly. The consent to the change of booking is considered granted by the Client in tacit form in the event of non-reply within 3 days from the sending of the communication containing the modification proposal by the Company. In the event that accommodation of the same value as the one booked by the Client is not available, but only of a higher value, the Company reserves the right to ask for a price supplement compared to that previously accepted and / or paid by the Client, subject in any case to the consent of the latter according to the same mechanism that regulates the collection of consent to the change of booking. In the event of refusal of consent to modify the reservation or to request a supplement, the Customer is guaranteed the right to freely withdraw from his original reservation with the Company's obligation to return what has been received as a price or deposit.
Rules of stay in the Accommodation
The Customer undertakes to use the accommodation with care, keeping it clean, refraining from any act that could cause any damage to it and / or to its appurtenances and / or to its common parts and / or to the movable property that provides it. In the case of accommodation included in a condominium reality, the Customer undertakes not to disturb the residents in the condominium during his entire stay in the accommodation. It is forbidden to use the Accommodation for illegal acts, and it is forbidden to reproduce and / or deliver the keys of the Accommodation to third parties and / or to disclose any access codes to third parties. The loss / breakage of the keys and / or the lock entails the reimbursement of the cost of a new lock and 5 new sets of keys. The Client undertakes to observe, for the entire period of the lease, the ordinary precautions and safety measures aimed at preventing the entry of strangers into the Accommodation. It is understood that in the event of non-compliance with this obligation, the Customer will be responsible for any damage caused to the Accommodation and / or to the goods contained therein. Unless expressly authorized in writing by the Company, the Client is prohibited from housing animals of any kind or smoking inside the Accommodation. To reduce the environmental impact and comply with the regulations in force, it is the Customer's care and obligation to correctly separate the waste following the indications of the Municipality of reference or, where present, those inside the Accommodation. For stays of 1 to 3 nights, waste can be left inside the accommodation and will be disposed of by the cleaning company. For stays of 4 nights or more, the Customer must independently arrange for the disposal of waste in the appropriate condominium premises. For any doubts, the customer is asked to refer to the receptionist who checked in.
Bookings over 30 days
Requests for booking accommodation for a period of time exceeding 30 days must be submitted by explicit request through company contacts. The Customer will be contacted by the Company, which will send a quote and will make its representative available for any free inspections in one or more apartments. The reservation will be concluded only when the Client has signed the Rental Agreement. Before that date, no apartment will be blocked or optioned. The rates are non-refundable and at the time of booking a prepayment of the first month's rent, the security deposit and the initial and final cleaning, plus any agreed Extras, is required. Payment can be made by credit card or bank transfer. [2]
Penalties & Limitation of Liability
The short lease contract contains an attachment that predetermines the costs for the restoration of any damage caused to the property and / or to the goods that supply it. By signing the contract, the Customer expressly acknowledges the adequacy of these amounts in the event that the damage is actually found upon return of the property. The contract also provides for a penalty equal to 200% of the rent that the Customer must pay to the Company in the event of violation of specific rules of conduct set by Estay to safeguard the effectiveness of the rules dictated by the Consolidated Law on Public Safety. (so-called TULPS) so that the Customer acknowledges that this penalty is fully proportional and adequate to create a suitable deterrent effect to oversee regulations of public relevance. In the event of damage to the property or to the goods that supply it, the Company may claim against the security deposit, without prejudice to the right to compensation for any greater damage suffered. The Company will never be responsible for any thefts suffered by the Client, whether they occur through burglary or tampering at the entrance or in any other way inside the Accommodation. The Client undertakes, therefore, not to leave their belongings and personal effects unattended in the Accommodation. The Company will not be liable to the Customer for any suspensions and / or innocent interruptions of the electricity and / or gas and / or water and / or Internet supplies but only for the services that depend on its business as provided in the following paragraph regulating the "Complaints and contact details".
Complaints and contact details
For any information or complaint regarding the services rendered by the Company and better listed in the first paragraph of this information document, we inform you that a formal written communication can be sent to the following e-mail address assitenza @ estay.it , PEC estaysrl@pec.net or request for clarifications, including oral ones, at the registered office located in Cagliari (CA), Piazza Deffenu n. 9, or at no. by tel. 070 800 6929 . The company reserves the right to provide its own response to the complaint as soon as possible and in any case within 30 days from its receipt.
It is the Customer's right to ask the Company for a copy of the certificates of conformity of the systems supplied with the property as well as the insurance policy stipulated by the owner to cover any damage caused to things or people by the rented property. [3]
The Company clarifies that every complaint, action, claim arising from the lease agreement and therefore from the relationship with the leased property - such being understood, by way of example only, to defects in the cooling, heating, gas, water and electricity systems, interruption in the administration of utilities and / or the internet network due to negligent act of the lessor, defects in the property such as infiltrations or ruin of the same - must be addressed to the owner of the property as identified and domiciled in the relative contract.
Treatment of personal data
The Customer authorizes the Company to communicate his personal data to third parties in relation to the contractual obligations deriving from the lease relationship and / or from the services provided directly by Estay srl as well as to fulfill the information obligations imposed by the sector legislation at state, regional and municipal. More information regarding the purposes and methods of processing in compliance with the provisions of art. 13 EU Reg. 679/16 (so-called Privacy Policy) are contained directly in the lease contract.
The interested parties are informed that the data controller is Estay srl, with registered office in Cagliari (CA), Piazza Deffenu n. 9, CF and VAT number 03794490924 while responsible for the treatment.
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