Terms and Conditions
GENERAL TERMS AND CONDITIONS
The following General Terms and Conditions govern the contractual relationship between the guest (hereafter the "Client") and Youcomehere S.r.l., with registered office in Rome (RM), Largo Gaetano la Loggia 33, 00149 Rome C.F. and P. IVA 13443571008 (hereafter the "Company") following the booking and payment of accommodation chosen from those listed on the portal www.youcomehere.com (hereafter the "Site") concluded at a distance either directly or indirectly, via any mobile device, by email or by telephone. Youcomehere S.r.l. is a property management company, i.e. an entity that operates professionally in the management of real estate and/or accommodation owned by third party owners with the aim of renting them out for purposes other than housing, with particular reference to the tourism sector. At the same time Youcomehere S.r.l. is a company that provides ancillary services during its Clients' stay, such as the provision of linen and cleaning of the premises, assistance in the event of breakdown or malfunctioning of the property's equipment, and the promotion of experiences in the area. The following general terms and conditions govern the terms and conditions of the agreement between the Company and the Client who books and purchases services provided by Youcomehere S.r.l. through the Site. The services provided by Youcomehere S.r.l. must be distinguished from the short term or transient rental contract for the chosen accommodation stipulated between the Client and the Company which, as an agent with the relevant power of representation, acts in the name and on behalf of the owners of the accommodation, thereby generating contracts whose legal effects are directly attributable to them pursuant to Article 1388 of the Civil Code. The customer is obliged to accept these General Terms and Conditions and Terms of Use governing the services of Youcomehere as well as the prodromal phase of the rental agreement to which the regulation of the relationship between the customer and the accommodation owner regarding duration, price, applicable taxes and the regulations governing the stay will be delegated. The Client is therefore obliged to read the General Terms and Conditions and Terms of Use in their entirety, 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 online check-in, to read the short-term rental agreement and its annexes in advance. When confirming a booking or purchasing a service offered by the Company, by ticking the acknowledgement of having read this document, you automatically accept the General Terms and Conditions described herein. The Company points out that the non-checking of acknowledgement on the Site prevents the continuation of the subsequent steps of the reservation. The General Terms and Conditions may be changed by the Company unilaterally and at any time, without prior notice, it being understood that such changes will not be applied to orders placed by the Customer prior to such change.
Booking Modalities
The online booking platform accessible from the Youcomehere S.r.l. website allows the Client to view and consult the availability and prices in real time of accommodation managed by Youcomehere S.r.l. or its affiliates. If the chosen accommodation is free for the period selected, in order to conclude and confirm the reservation the Client must make payment of the amount shown in the order summary by credit card following the guided instructions. Upon successful payment, the Company will send the Customer a Reservation Confirmation e-mail containing details of the amount paid, the duration of the stay, the number of occupants and any additional services.
Reservations on the Site are divided into refundable and non-refundable. Depending on the method of reservation, the making of the payment constitutes a deposit in accordance with Article 1385 of the Italian Civil Code (in the case of a refundable reservation) or an actual advance payment (in the case of a non-refundable reservation). The reservation shall never be considered confirmed until the payment has been successfully made and the Client has received the Reservation Confirmation email.
The reservation shall be considered as a draft contract for all legal purposes and commits the Client to enter into the rental contract upon check-in, which, at the Client's choice, may be signed upon arrival at the accommodation or remotely by means of online check-in and signature using the OTP technology integrated into this Site.
Tariffs and Payment
The accommodation rate is indicated in the order summary which is to be understood as including, in addition to the rental fee, also the cleaning costs and ancillary services provided by Youcomehere S.r.l. gross of any taxes or duties. For leases of less than one month, the total amount shall also include energy and gas consumption, heating and water, rubbish tax and condominium charges. The balance of the amount of the stay for the period indicated shall have already been paid in full by the Client to the Company at the time of booking by means of payment by credit card, or shall be paid prior to check-in, either upon arrival at the accommodation or online, or even in the event of an untimely cancellation of the booking in accordance with the times indicated in the "Cancellation of bookings" section. Any other optional services offered by the Company and chosen by the Client will be invoiced with the application of VAT at 22% as per law. The rate does not include tourist tax, which must be paid in cash or by credit card upon check-in in accordance with the regulations of the municipality in which the accommodation is located. The tariff also does not include any damage caused to the property or movable property providing it by the Client, the costs of repair and/or restoration of which have been predetermined by Youcomehere, in the Client's best interest, in a special list (identified as "Appendix A" in the relevant contract). The items listed in the above table are exclusive of VAT.
Cancellation of Reservations
There are two types of fares on the Site: refundable and non-refundable. In the case of a refundable rate, the customer may cancel or modify the reservation with the right to a full refund of the amount paid up to 14 days before check-in or 3 days before check-in, depending on the destination. In the event of cancellation or modification after the aforementioned deadlines, the reservation can no longer be refunded. Non-refundable rates are not modifiable and, at the time of booking, prepayment of the entire stay is required with the exclusion of the right to reimbursement even in the event of cancellation or modification. In any of the aforementioned cases, the client's failure to appear at check-in will result in the payment of the total amount of the reservation. The Client acknowledges that charging the full or partial cost of the reservation due to untimely cancellation is an adequate and reasonable form of compensation for pre-contractual liability to Youcomehere and the owner of the accommodation due to missed opportunities to rent the same accommodation to other potential Clients. Therefore, whenever the Client views an offer for a particular property as "non-refundable", the Company hereby informs the Client in accordance with Article 51, co. 2, Legislative Decree 206/05 that the relevant booking will result in a non-refundable payment obligation. Any request to change the booking is subject to approval and availability by Youcomehere S.r.l. or the affiliated accommodation provider and subject to notification by email to [email protected] or request by telephone to the Company's booking office. In the event of a request to change the dates of the stay, the number of guests or a change of accommodation, supplements will be charged according to availability and depending on the period of stay. The booking service provided by Youcomehere S.r.l. constitutes a provision of accommodation for non-residential purposes so that the discipline on the exercise of the right of withdrawal provided for in Article 59 letter n) Legislative Decree 206/05 (so-called Consumer Code) is expressly excluded, with full operation of the cancellation policies provided by the Company and the charging of the relative costs to Clients in accordance with the refund policies described in this paragraph.
Discipline of check-in and check-out
The client must confirm the check-in time in the manner indicated in the Booking Confirmation email or in any case by express communication sent to Youcomehere S.r.l. prior to arrival. Check-in will take place according to the defined times and in two ways: at the flat or with the Self check-in system. At the time of check-in, the Client shall hand over to the Company's representative the identification documents for each adult and minor person who will be using the accommodation for identification to the security organs (State Police). The identity documents valid for this purpose are: identity card or driving licence for Italian and EU citizens, passport for non-EU citizens. Failure to produce the identity documents of each guest will result in them being banned from the accommodation. The Client undertakes not to accommodate a greater number of persons than that indicated in the Booking Confirmation. Failure to comply with this obligation shall result in the Client's obligation to pay the Company the penalty stipulated in the rental agreement. The Client undertakes to sign - in virtual or paper form - the Contract for short-term tourist rental or accommodation that will be stipulated in accordance with the regulations in force in Italy (Law no. 431, 9 December 1998). As an alternative to stipulating the contract in person and on paper, the contract may be viewed and signed in virtual form, through the check-in procedure integrated into the Site in the section entitled "Online Check-in", by means of authorisation via SMS with a unique OTP (One Time Password) code which will be delivered to the guest's mobile phone number, as a private device associated with the person, thus enabling the univocal identification of the signatory. The signature affixed via OTP Service is an advanced electronic signature (FEA) and has the same legal validity as an electronic or handwritten signature. The service is provided by Solution Plus Srl, which has delegated 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 relevant contract as well as the condominium regulations, in case the accommodation is part of a condominium. For bookings of less than thirty days, a credit card will be requested as a guarantee against possible damages (Postepay, Debit Card or prepaid cards of any kind will not be accepted). In case of lack of a credit card as guarantee, a cash deposit will be requested, which will be returned after checking for any damages in the flat. The Client agrees to allow the Company's appointee, and/or third parties appointed by the Company, identifiable upon the Client's request, to access the apartment in order to carry out any necessary repairs and/or maintenance. Except in cases of emergency, the Client shall be informed in advance via his/her contact details and, if he/she does not respond in time, the Company's appointee shall have access to the accommodation. The return of the keys is compulsory in the manner that will be communicated at check-in and according to the availability of Youcomehere S.r.l. staff.
Security deposit
When foreseen and explicitly indicated on the accommodation detail page on the Site or in the Online Check-in section, upon handing over the keys, the Client pays the check-in agent the amount of the security deposit. The security deposit required depends on the duration of the lease, the type of accommodation of particular value and/or the presence of animals. The security deposit shall be returned to the Client in full at the end of the stay, after termination of the Contract. It is understood that, in the event of ascertaining damage caused by the Client to the accommodation, the Company shall be entitled to retain the security deposit, without prejudice, in any case, to its right to compensation for any greater damages.
Change of reservation
The Company reserves the right to propose the substitution of the accommodation with another of equal or superior quality if, for reasons not attributable to itself, it is unable to ensure the Client's entry into the property and stay in the manner indicated in the Booking Confirmation. Non-attributable causes include, but are not limited to, sudden problems with the plumbing or electrical system, lack of cleaning by the contractor in charge, or any other reason that makes it impossible for the Client to stay in the accommodation in order to protect his or her 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 email to the same address with which the Client made his/her reservation. The change of reservation is in any case confirmed subject to the Client's consent, which may be communicated expressly, by written or telephone feedback, or tacitly. The Client's consent to the change of reservation shall be deemed to be tacitly given if the Client does not respond within 3 days of the Company sending the communication containing the proposed change. In the event that accommodation of the same value as that booked by the Client is not available, but only of a higher value, the Company reserves the right to ask for a price supplement with respect to that previously accepted and/or paid by the Client, subject in any case to the latter's consent according to the same mechanism that regulates the collection of consent to the change of reservation. In the event of refusal of consent to the change of reservation or to the request for a supplement, the Client is guaranteed the right to freely withdraw from his or her original reservation with the obligation on the part of the Company to return what was received by way of price or deposit.
Rules of the stay in the Accommodation
The Client undertakes to use the accommodation with care, keeping it clean, refraining from any act that may cause damage to it and/or its appurtenances and/or its common parts and/or the movable property that provides it. In the case of accommodation included in a condominium, the Client undertakes not to disturb the residents of the condominium during his/her entire stay in the accommodation. It is prohibited to use the Lodging for illicit acts, and it is prohibited to reproduce and/or hand over the keys to the Lodging and/or to reveal to third parties any access codes to the Lodging. The loss/breakage of keys and/or lock shall entail the reimbursement of the cost of a new lock and 5 new sets of keys. The Client undertakes to observe, throughout the rental period, the ordinary precautions and security measures aimed at preventing the entry of strangers into the Accommodation. It is understood that in the event of failure to comply with this obligation, the Client shall be liable for any damage caused to the Accommodation and/or the property contained therein. Unless expressly authorised in writing by the Company, the Client is prohibited from housing animals of any kind or smoking inside the Accommodation. In order to reduce the impact on the environment and to comply with the regulations in force, it is the Client's responsibility and obligation to correctly separate waste according to the indications of the municipality of reference or, where present, those within the Accommodation. For stays of 1 to 3 nights, waste may be left inside the Accommodation and will be disposed of by the cleaning company. For stays of 4 nights or more, the Client must dispose of the waste himself/herself in the appropriate communal areas. For any doubts the Client is requested to refer to the receptionist who checked in.
Reservations longer than 30 days
Requests for the reservation of accommodation for a period of more than 30 days must be made by means of an explicit request via the company contacts. The Client will be contacted by the Company, which will send an estimate and make one of its representatives available for free inspections of one or more flats. The reservation will only be concluded when the Client has signed the Lease Contract. Before that date, no flat will be blocked or optioned. Rates are non-refundable and at the time of booking the Client is required to pay in advance the first month's rent, the security deposit and the initial and final cleaning, plus any agreed Extras. Payment can be made by credit card or bank transfer.
Penalties & Limitation of Liability
The short-term rental agreement contains an annex that predetermines the costs for the compensation of any damage caused to the property and/or the property providing it. By entering into the contract, the Client expressly acknowledges the appropriateness 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 Client shall pay to the Company in the event of violation of specific rules of conduct established by Youcomehere S.r.l. in order to ensure the effectiveness of the rules dictated by the Testo Unico delle Leggi di Pubblica Sicurezza (c.d. TULPS) so that the Client acknowledges that this penalty is fully proportional and adequate to create a suitable deterrent effect to protect the rules of public relevance. In the event of any damage caused to the property or to the goods supplying it, the Company shall have recourse to the security deposit, without prejudice to the right to compensation for any greater damage suffered. The Company shall never be liable for any theft suffered by the Client, whether by breaking and entering or by any other means within the Accommodation. The Client therefore undertakes not to leave his/her property and personal effects unattended in the Accommodation. The Company shall not be liable to the Client for any suspensions and/or interruptions in the supply of electricity and/or gas and/or water and/or Internet, but only for services that depend on its own activity, in accordance with the provisions of the following paragraph governing "Complaints and Contact Details".
Complaints and contact details
For any possible information or complaint regarding the services rendered by the Company and better listed in the first paragraph of this information document, please note that formal written communication may be sent to the following e-mail address [email protected], PEC: [email protected] or request for clarification, even oral, at the registered office located in Rome (Rm), Largo Gaetano la Loggia 33, 00149 Rome. The Company reserves the right to reply to the complaint as soon as possible and in any case within 30 days from its receipt.
The Company clarifies that any complaint, action, claim arising from the lease agreement and therefore from the relationship with the leased property - such as, purely by way of example, flaws in the cooling, heating, gas, water and electrical systems, interruption in the supply of utilities and/or the internet due to the negligence of the landlord, flaws in the property such as seepage or ruin of the same - must be addressed to the owner of the property as identified and domiciled in the contract.
Processing of personal data
The Client authorises the Company to disclose his or her personal data to third parties in connection with contractual obligations arising from the rental relationship and/or services provided directly by Youcomehere S.r.l. as well as in order to fulfil the information obligations imposed by state, regional and municipal sector legislation. Further information regarding the purposes and methods of processing in compliance with the provisions of art. 13 EU Reg. 679/16 (the so-called Privacy Policy) are contained directly within the lease agreement.
Interested parties are hereby informed that the data controller is Youcomehere S.r.l., with registered office in Rome (Rm), Largo Gaetano la Loggia 33, 00149, C.F. and P. IVA 13443571008 while data processor.
