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DomusAway

Via Donatello 1 Porto San Paolo 07020
[email protected] - +39 379 2776276

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Terms and conditions

RENTALS:

Carta Consulting Srl (trading as 'the Company') adverts villas, houses and apartments ('properties') as an advisor for and on behalf of the Owners of the property ('Owner'). All properties have been personally inspected by the Company to ensure that they meet the standards of accommodation on which the Company's reputation is based. At the time of publishing, the properties are furnished and equipped as described in the detailed and technical descriptions provided to renters and guests ('Clients') on the Company's web site or on the partner websites. From time to time the Owners of properties may change the layout, furniture or fittings and the Company will seek to update these on the website at the earliest opportunity and notify renters if the changes to the property change the nature of the accommodation. Differences between the description and photos on the website and those actually found at the property do not constitute a basis for cancellation, refunds or other claims against the Company.

The Company will not be liable to Clients in the event of changes made to a property by the Owner and not notified to it, however, the Company will intervene on the renters behalf in the event the quality of the property is diminished as a result of such changes. Prices published on the Company's website are indicative and subject to variation without notice prior to the confirmation of a booking. A quote will be provided at the time of inquiry and the confirmation of the booking will occur when the deposit has been paid and the confirmation of booking form is issued. Some costs and deposits are additional to the rental price and are payable locally. Examples of such costs are the security deposit, final cleaning expenses, bed linen and towels rental, internet costs, and supplements for additional services.

PAYMENTS:

The booking is not confirmed until you don’t receive a confirmation from the Company. A deposit of 20% of the rental price is payable on booking and confirmation will not be effected until the whole of the deposit has been received. The Company will not enter into correspondence in the event that the deposit is not received within the hold (option) period and the property is allocated to another Client; however, the Company will do its utmost to find a replacement property acceptable to the Client. The balance of rental must be paid 20 days prior to the beginning of the rental period. Non-payment of the balance by the due date will constitute a basis for cancellation and the property will be re-offered and cancellation conditions applied. Payments by credit card are subject to a 2% commission for European card, and a 3% for not European card. Alternatively, payments can be made, without surcharge per bank transfer into the Company's euro account.

CANCELLATION:

Cancellation is effected by the Client when written notification is acknowledged to have been received by Carta Consulting Srl, or, in the event of non-payment of balances, seven days after the Company has made reasonable attempts to contact the Client by email advising that the payment is overdue. Should the Client for whatever reason cancel the booking, they will have the right to reimbursement of all money paid subject to the deduction of cancellation charges. Cancellation charges are based on the total rental price and are calculated from the date of the beginning of the rental period as follows:

For every property:

60 days or more: any fee will be charged;

59 - 45 days 20% will be charged;

44 - 30 days 30 % will be charged;

29 days or less 50% will be charged.

Changes to booking dates or properties, no show on arrival constitute a cancellation of the booking and cancellation terms would be applied. In good faith, the Company will attempt to facilitate substitution requests, mitigating the cancellation terms, however the substitution will not be effected until the Company has provided details of the substitution in writing, the Client has accepted the terms of the substitution and any cancellation, service or upgrade fees have been paid.

HOUSE SUBSTITUTION:

If as a result of a serious breakdown or failure in the rented property, Carta Consulting Srl or the Owners decide that it is not possible to continue with the booking, the Company will do its utmost to find a replacement property acceptable to the Client, or refund any money paid on unused rental. The Client acknowledges that in this event, the Company's liability for damages will be limited to the amount of unused rental, based on a pro rata calculation of unused rental days. Should a property become unserviceable prior to the arrival of a Client, the Company will do its best to find a suitable replacement property of an equal standard. If a property with a lower price is selected, a refund of the difference in rental will be made. In the event of a more expensive property being selected, Clients will have the choice of paying the difference or receiving a full refund of money paid.

ARRIVALS AND CONDUCT:

Following the payment, Clients will get arrival instructions for the property. In the weeks leading up to the arrival, the Company will request details of the expected arrival time, method of transport, the configuration of the property, names of all guests (to comply with Italian Law) and any additional requirements. The Client acknowledges that the following circumstances provide the Owner or the Company with a basis for the immediate termination of the rental agreement without recourse by the Client and forfeiting all money paid to the Company: • Exceeding the maximum number of guests as noted on the voucher; • Non authorised substitution of guests - the names and passport details of all guests must be provided to the property representative (to comply with Italian Law) • Conduct unbecoming at the property (including wanton destruction of property, poor hygiene, excessive noise etc) • Parties, weddings, celebrations unauthorized or involving non-guests • Introducing domestic animals (unless allowed in the property notes and advised to the Company) The Client acknowledges that there will be no redress against the Company or the Owner in the event that these events cause premature termination of the rental.

CHECK-IN AND CHECK-OUT: 

The check-in is from 16:00 p.m whereas the check-out ends at 10:00 a.m. 
SECURITY DEPOSIT:
The security deposit will be taken with pre-authorisation on your credit card. The amount will be blocked for 5 days after check-out. After the check-out a member of the company will do an accurate control to check the good conditions of the property. If abnormalities will be encountered during this check, the agency will contact the guest within 48hours. In case of any damages to the property, the partial or entire amount of the security deposit will be charged.

DEPARTURE AND CLEANING:

It is a condition of rental that the property must be left in order at the end of the rental period. This implies that the dishes and kitchen are washed, rubbish is removed from the property and the rooms are left in an orderly condition. Where properties are not left in an orderly condition, the Company is entitled to deduct a necessary amount from the security deposit to meet the additional costs of cleaning. Clients are not authorised to rearrange the furniture of the property and crockery and other equipment of the house (chairs, blankets, etc.) must not be used or transported out of the house. Candles and oil burners are not permitted inside the house and must be used with great care on paved terraces. After delivery, repairs of breakdowns caused by the Clients and those of ordinary maintenance (plugging of toilets and basins, damages to equipment and furniture and to the property, stains on mattresses and bed covers, broken crockery) will be charged to the Clients and the amounts will be deducted directly from the security deposit. In uncertain circumstances the person in charge will keep the whole of the security deposit and will return any balance together with receipts for the expenses met for repairs carried out after the departure of the Client.


CLEANING AND MAINTENANCE:

A mandatory final cleaning fee is payable locally, on arrival. Garden and pool maintenance are included in property rental. The Client acknowledges that the Owners or their personnel have the right to periodically enter the property during the rental period in order to carry out their duties. These services are mandatory and the property representative will advise the times and frequency of such services on arrival.

COMPLAINTS:

Any problems with the property encountered during the property rental period should be reported immediately to the Company representative. The Owner and the Company will endeavour to address the problems and resolve them to the satisfaction of the Client as soon as possible. In the event that the Owner or the Company is unable to resolve the problem to the satisfaction of the Client, a complaint must be lodged immediately in writing to us. Reasonable time must be allowed for the Owner or the Company to resolve the problem. Clients must not vacate the property under any circumstances without the express written agreement of Carta Consulting Srl as to do so will annul the rights to claim for compensation. Where a Client believes they have a claim for compensation, the period of compensation will commence from the time the complaint is received to the end of the rental period. Requests for compensation must be lodged with the Company in writing ([email protected]) within 12 hours of completion of the rental period. Complaints presented after the expiry of the rental period will not be taken into consideration. Clients acknowledge that the amount of compensation payable by the Owner and the Company for whatsoever reason is limited to a prorate calculation of the property rental paid and the period of compensation. The following do not give rise to claims for compensation: • Force Majeure, terrorist acts or natural disasters • Shortages of power, gas or water outside of the property owners' control • Damage from wind, rain, hail, flood, fire, lightning, landslide or other acts of God • Inundation by pests, insects, rodents etc • Claims arising as a result of damage caused by Clients to the property • Differences in the descriptions and photographs of the property shown in promotional material (unless significantly altering the nature of the accommodation) • Damage or loss of the Clients' belongings or property • Actions limited by Italian Law • Civil works or construction projects nearby the rented property that are not under the control of the Owner or the Company


LIMITATIONS OF LIABILITY:

Clients acknowledge that many of the properties have inherent dangers including unfenced swimming pools, dry stone walls, un-gated access to roads, staircases, unfenced drops etc. Clients acknowledge that they are responsible for taking all necessary safety precautions for themselves and their guests and neither Carta Consulting Srl nor the Owners accept any liability for accidents causing death, sickness or bodily harm howsoever caused. The Company and Owners deny any liability or claims in the event of incidents occurring whilst occupants or guests are under the influence of alcohol or any non - therapeutic drugs. The limitation of liability for any claim against the Company and the Owners of property for whatsoever cause is limited to the total amount of rental paid to the Company by the Client.

ACCEPTANCE OF TERMS AND CONDITIONS:

Clients acknowledge that by acknowledging these terms and conditions in the Company's inquiry form or booking request that they agree to be bound by the provisions contained herein and to accept liability for damages caused by them or their parties to Owners' properties. The rental agreement shall be governed by Italian law in every particular including formation and interpretation. Any proceedings arising out of or in connection with this contract may be brought in a court of competent jurisdiction in Italy.

Privacy policy

Privacy policy
INFORMATION ON THE PROCESSING OF PERSONAL DATA COLLECTED FROM THE INTERESTED PARTY - ART. 13 EU REGULATION 2016/679

Dear User,
Pursuant to articles 13 and 14 of EU Regulation 2016/679 (GDPR), the following information is provided in order to make you aware of the characteristics and methods of processing your personal data.

a) Identity and contact details of the Data Controller, the Data Processors and the Data Protection Officer
The Data Controller is Carta Consulting Srl, with headquarters in Olbia (SS), via Georgia 35, CF and VAT number 02691560904, in the person of its administrator Mr Pier Gabriele Carta, owner of the website www.domusaway.com (hereinafter also just the "Site"); Certified e-mail box (PEC): [email protected]; contact details +39 0789 198 0076 or [email protected].
The Data Protection Officer (DPO) pursuant to art. 37 GDPR can be contacted at [email protected].

b) Type of data object of the treatment
When registering on the site, booking a stay, signing the contracts, etc. different categories of personal data of the User may be collected by the Company and / or third parties (v . infra par. e).
The data that may be collected are the following: name; last name; place and date of birth; company name or company name; contact e-mail and telephone number; fiscal Code; VAT number; residence or domicile address; identity documents (such as identity card or driving license); the photograph of the person of the User; navigation data or data relating to the User's preferences detected during the use of the service or the website by the User; payment information, bank details and / or credit card details; billing address; tax data; data relating to the property covered by the contracts stipulated by the Company such as cadastral, contractual, insurance coverage, energy certification and / or town planning compliance data; as well as the universal unique identification code (UUID); photographs of the property; documentation and information relating to the legal and economic status of the property, such as situations of ownership or co-ownership of real estate rights, mortgage transcripts and registrations; credentials of the Owner referable to access to portals or websites for the exchange of information relating to the leases and / or the relative authorizations (from now on, for the sake of brevity, even only the "Personal Data").
With regard to information on the collection of data specifically referring only to web browsing and on the deactivation of advertisements based on these internet tools, the user is invited to refer to the specific Cookies Policy available separately on the website www.domusaway.com.

c) Purpose and legal basis of the processing
The data is collected by spontaneous provision of data by the User when he decides to propose his own property for the property management activity or decides to finalize his stay booking.
The data collected in this way are processed for the following purposes:
1) To reach the stipulation of property management contracts in the real estate sector, in the interest of homeowners, aimed at the subsequent stipulation of short tourist leases in the forms better indicated in point c2) below, and to execute them subsequently, including the provision of services in the manner indicated in the relative contracts. To pursue these purposes, it is necessary to first identify the User; contact him by telephone or in writing during the execution of the mandate; acquire the data relating to the identification of the property from the cadastral, mortgage, energy profile, as well as its current state; transfer the property data to external On Line Travel Agencies (e.g., Vrbo, Booking.com, Airbnb and Expedia) for the purpose of advertising the property; make payments and receive collections in your interest, manage any issue of tax documents; communicate such data to the counterpart interested in the tourist solution for the purpose of stipulating the contracts better indicated in point c2). The communication of data to be processed for purposes related to the conclusion or execution of the contract or the execution of pre-contractual measures requested by the User is mandatory in order to reach the conclusion of the contract and / or to execute it. The legal basis of this processing is the need to stipulate the contract or to execute it subsequently (see Article 6, paragraph 1, letter b GDPR).
2) To reach the stipulation, in the name and on behalf of the owners of accommodation solutions and therefore, based on the purposes and duration of the stay, of short lease contracts pursuant to Legislative Decree 50/2017 converted with amendments by Law 21 June 2017 n. 96, of lease agreements for exclusively tourist purposes pursuant to art. 1, co. 2, letter c) Law 9 December 1998 n. 43, or transitory lease agreements pursuant to art. 5 L. December 9, 1998 n. 431, or even atypical accommodation contracts for tourist use, in the interest of subjects who intend to stay at the tourist solutions proposed by the Company. To pursue these purposes, it is necessary to identify the User, contact the User for assistance activities during the stay, manage payments and collections based on the mandate received, manage any issue of tax documents; communicate such data to proprietary Users for the purpose of stipulating the aforementioned contracts. The communication of data to be processed for purposes related to the conclusion or execution of the contract or the execution of pre-contractual measures requested by the User is mandatory in order to reach the conclusion of the contract and / or to execute it. The legal basis of this processing is the need to stipulate the contract or to execute it subsequently (see Article 6, paragraph 1, letter b GDPR). Those interested in the stay will be asked to upload a photograph of their person on the website, and for these purposes the legal basis of this treatment is the fulfillment of a legal obligation, with particular reference to the Royal Decree of 18 June 1931, n. 773 (so-called Consolidated Law on Public Safety).
4) Fulfill legal obligations by communicating to the competent authorities data relating to tenants and lodgers such as: i) sending the data of Users and of the persons they declare to host, to the Public Security authorities through the Accommodation Portal of the competent Police Headquarters; ii) sending the data of the Leases to the competent authorities for statistical purposes and / or data census of the territory; iii) the sending of data relating to contracts stipulated in the form of Short-Term Leases to the Revenue Agency by 30 June of the year following that of the stipulation pursuant to art. 4, co. 4, Legislative Decree 50/17 converted by Law 96/17. The communication of the data to be processed for this purpose is mandatory since it is a matter of compliance with a legal obligation. Failure to communicate the mandatory data will not allow the interested party to proceed with the completion of the procedure and the conclusion or execution of the contract. The legal basis of these treatments is the fulfillment of a legal obligation (see Article 6, paragraph 1, letter c GDPR).
5) Send information for commercial and marketing promotion purposes to Users, even after the execution of contracts. These activities will be preceded by obtaining the User's express consent to the processing of their data for these purposes. The legal basis of this processing is the consent of the interested party (see Article 6, paragraph 1, letter a GDPR).
Further information regarding the purposes of the processing by the owner or third parties are provided in the dedicated sections of this information, as well as in the information on the individual services provided by third parties, which you are invited to consult below.
If the Data Controller intends to further process the personal data for a purpose other than that for which they were collected, before such further processing the Data Controller will provide the data subject with information on this different purpose and any further relevant information. Furthermore, the Data Controller will adapt to all the other requirements necessary for the different purpose of the Processing.

d) Processing methods and security measures
The processing is carried out using IT and / or telematic tools, with organizational methods and with logic strictly related to the purposes indicated above. Upon uploading the data by the User, these will be stored in electronic format by the Company on the memory space reserved for itself on the servers provided by the provider Aruba spa, with registered office in Ponte San Pietro (BG), via San Clemente , 53, CF 04552920482 and VAT number 01573850516 at the datacenter kept there and called "Cloud Services Farm2".
The Data Controller adopts the appropriate security measures to prevent unauthorized access, disclosure, modification or destruction of personal data.

e) Transfer of data to third parties
Upon confirmation of a reservation defined by the general conditions on the Website, payment may be managed by external providers, such as Stripe Technology Europe Ltd, North Wall Quay 25-28, Dublin 1, Ireland, which guarantee the service through their IT systems and act as independent data controllers required for the execution of this service. The Company does not have the possibility to access such data. The User is invited to consult the privacy policy relating to these services at the bottom of the respective websites.
The data provided by the Users interested in a stay may be transferred to the owners of the properties upon reporting the activities carried out by the Company as property manager in order to execute the lease agreement. to any pre-contractual measures. The data provided by the proprietary Users may instead be transferred for the purpose of the necessary advertising of the property on online channels (e.g., Vrbo, Booking.com, Airbnb and Expedia) and off-line.
The essential elements of the lease agreements referred to in the previous par. c2 may be transferred to third-party public authorities (Agenzia delle Entrate, Regione Sardegna, Prefettura and / or competent Police Headquarters, Municipality of the location of the property) in order to comply with reporting obligations of a fiscal, administrative nature or otherwise required by law.
Furthermore, some User data generated while browsing the Website may be transferred to third parties, even outside the EU to allow them to perform services that this Website makes use of. In this regard, the User is invited to consult the sections of the information dedicated below to the individual services in question.

f) Data retention period or criteria for determining the period
The Data are processed and stored only for the time required by the purposes for which they were collected and therefore:
1) Personal Data collected for purposes related to the execution of a contract between the Owner and the User will be retained until the execution of this contract is completed and in any case up to and not beyond the period required by law for the purposes of keeping the documentation accounting and non-accounting for the exercise of commercial business and therefore for a period of 10 years;
2) the Data collected with the consent of the interested User in order to provide commercial, promotional and marketing information, will be retained for a period not exceeding 12 months from the end of the contractual relationship. In this regard, the Company may consider implicitly confirmed the authorization to process such data if the receipt of communications is not followed by an explicit cancellation request by the User with respect to such Data.
The User is always guaranteed the right to withdraw consent to this treatment. In case of withdrawal of consent, the Data provided by the User for this purpose will be deleted.

g) Data subjects' rights
The User has the right to:
- withdraw consent to processing at any time. If the treatment is based on the consent of the User, he has the right to withdraw the consent at any time without prejudice to the lawfulness of the treatment based on the consent before the revocation;
- oppose the processing of your data when it occurs on a legal basis other than consent. Further details on the right to object are indicated in par. f below;
- access their data or obtain information on the data processed by the owner, on certain aspects of the processing and receive a copy of the data processed.
- verify the correctness of their data and request their rectification, updating or correction at any time;
- obtain the limitation of the processing, if the conditions referred to in art. 18 GDPR, upon which the Data Controller will not process the data for any other purpose than their conservation;
- obtain the cancellation or removal of their Personal Data, recurring the conditions referred to in art. 17 GDPR;
- receive your data or have it transferred to another owner (right to data portability). The User has the right to receive his / her Data in a structured format, commonly used and readable by an automatic device and, where technically feasible, to obtain the transfer without obstacles to another owner. This provision is applicable when the data is processed with automated tools and the processing is based on the User's consent, on a contract to which the User is a party or on contractual measures connected to it;
- propose a complaint. The User can lodge a complaint with the competent personal data protection supervisory authority or take legal action.

h) Details on the right to object
The User has the right to object to the processing of their personal data, for reasons connected to their particular situation, where the processing is based on the need to perform a task of public interest or connected to the exercise of public authority of which the Data Controller is invested, or where the processing is based on the public interest of the owner or third parties. The User also has the right to oppose the profiling carried out on the conditions indicated above.
Furthermore, if personal data are processed for direct marketing purposes, the User has the right to object to such processing at any time, including the profiling carried out for these purposes.
Following the User's opposition to the processing for direct marketing purposes, the personal data will no longer be processed for these purposes.
Furthermore, the User has the right not to be subjected to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or which significantly affects his person in a similar way. Certain exceptions are reserved, such as the decision necessary for the conclusion or execution of a contract between the User and a Data Controller and the decision based on the explicit consent of the interested party.

i) Details on the right of access
Users have the right to obtain from the Data Controller confirmation as to whether or not personal data concerning them is being processed. Furthermore, where such processing is in progress, Users have the right to obtain access to their personal data and the following information:
- purpose of the processing (s);
- categories of personal data processed;
- recipients or categories of recipients to whom the personal data have been or will be disclosed;
- data retention period or criteria for determining this period;
- existence of the User's right to request the rectification or cancellation of personal data, or the limitation of the processing of personal data concerning him;
- right to object to processing (where the right to object is provided);
- right to portability.
The Data Controller is required to respond within one month from the date of receipt of the request, a term that can be extended up to three months in the case of particular complexity of the request.

l) Details on the right to lodge a complaint
The User has the right to lodge a complaint with the supervisory authority and can contact: [email protected].
For more information on the right to lodge a complaint, please consult the institutional website of the Privacy Guarantor: www.garanteprivacy.it