Booking Contract

These terms and conditions (the "Booking Contract")of MiTuCasa are to be understood as binding for the manager and his staff ("Manager") of the structure ("Structure")and for all travelers ("Guest") who book through the MiTuCasa website and/or forms (both "Parties"). This Booking Contract is not binding for the Guest who books through other third-party websites, on which the Structure is promoted, with which he will accept certain terms of service, in addition to some points of this Booking Contract, where explicitly written ("Platform").

This Booking Contract and the confirmation email sent by the Manager contain the entire agreement with the Guest and form the contractual documentation. It is recommended to read carefully.
No clause or provision contained in this Booking Contract will have any effect on the Guest's rights recognized by law.

1. BOOKING PROCEDURE

1.1 The Guest has two options to make a booking, at the discretion of the Manager, that are:

  1. You can book the sum foreseen in the initial estimate provided by the Manager by email or website, including expenses and deposit (see point 8).
    Once you have all the information requested and the payment by the Guest, (see point 12), the acceptance of the booking request will be valid only after the Guest has received the booking confirmation email, with the cancellation method sent by the Manager . At this time, this Booking Contract previously accepted by the Guest online or by email (in pdf ) will also be active.
  2. You can book by paying a deposit, provided by the Manager, via email or website. Once you have all the information requested and the payment by the Guest, (see point 12), the acceptance of the booking request will be valid only after the Guest has received the booking confirmation email, with the cancellation method sent by the Manager . At this time, this Booking Contract previously accepted by the Guest online or by email (in pdf ) will also be active.
    As regards the sum foreseen in the initial estimate, it will be paid to the Manager at the time of check-in according to the agreed methods.
    This point, in whole or in part, may also be requested for the Guest who books on other Platforms.

1.2 The Guest has to carefully check all the details of the estimate and the booking request form before making any payments to the Manager, read the entire confirmation email and immediately inform the Manager in case of errors or omissions. It is the Guest's responsibility to ensure that this email confirmation has been received and read, carrying out the necessary checks if necessary:

  • check that the information sent by the Manager, in the subscription phase, therefore email, are correct and functional;
  • check the spam filters of your mail client allow the emails sent by the Manager to pass through;
  • check that the confirmation email has not been mistakenly deleted or ended up in the junk mail (spam).

The Manager does not have any responsibility for non-receipt, due to these causes.

1.3 In compliance with the contractual methods and the contractual form established by Regulation (EC) No. 593/2008, the contracts are concluded with the methods established by the law applicable to the substance. This means that no signature is required for contracts stipulated online, but rather the contractual consent of the Guest is expressed, following the booking confirmation.
The Guest may request a copy of this Booking Contract from the Manager at any time.

2. PAYMENT PROCEDURE

The payment facilitator used by the Structure for the reservation will be Stripe Inc. registered in the United States and with its registered office at 510 Townsend Street, San Francisco, CA 94103.
In case of non-payment of the sum requested within the deadlines agreed upon to confirm the booking, the Structure reserves the right not to accept this booking and cancel it.

3. ACCEPTED PAYMENT

Where it is possible or accepted, the Manager can accept cash payment according to Legislative Decree 178/2020, not exceeding the threshold limit of 1999.99 euros, or without limitations by credit or debit card. For the moment we do not accept payments by debit card, NFC, cryptocurrency or other payment systems, unless otherwise agreed with the payment platforms.

4. CANCELLATION OR MODIFICATION OF THE RESERVATION BY THE GUEST

4.1 If it is necessary to cancel or modify the reservation, it will be necessary to inform the Manager by email, by telephone, WhatsApp or via the form on the Manager's website in a timely manner. These contact details can be found in the emails that the Manager sends to the Guest or on its website.
This feature is also available on your booking confirmation email, so we recommend that you save it.

4.2 If the cancellation is made after 15 days from the email confirmation or the Guest does not show up on the established dates:

  • The Manager will fully withhold the sum envisaged in the initial estimate or, if this is not possible, withhold all or part of the deposit paid, which will be calculated on the basis of the days booked at the Structure.

4.3 If the cancellation is made before 15 days from the email confirmation:

  • The Manager will refund the sum foreseen in the initial estimate and/or the deposit paid, withholding any expenses due.

4.4 If the cancellation is made before 60 days from the email confirmation:

  • The Manager will refund the sum foreseen in the initial estimate and/or the deposit paid.

4.5 If the booking date is changed (subject to availability by the Structure) before 15 days from the email confirmation:

  • The Manager may charge any price differences based on seasonality.

4.6 If the booking date is changed (subject to availability by the Structure) after 15 days from the email confirmation:

  • The Manager may charge any price differences based on seasonality and withhold any costs due.

5. CANCELLATION OR MODIFICATION OF THE BOOKING BY THE STRUCTURE

Normally the Manager does not make changes during a reservation that has already been agreed and accepted. However, problems may arise that make it necessary to change or cancel a reservation.
In this case, the Guest will be contacted in a reasonably timely manner and informed of the cancellation or modification of the reservation. If the reservation is canceled, the Manager will refund the Guest for all amounts paid.
In the rare event that the Manager communicates the cancellation via email less than 15 days before the Guest's reservation, where possible, the Manager may offer, at its discretion, a discount voucher on future Guest’s bookings.

6. THE STAY

6.1 The Guest will be accepted at the Structure starting from the time specified in the indication of the arrival date and must leave the Structure within the time specified in the indication of the departure date. These times will be announced in writing (by email) and with due advance notice.

6.2 In case of late arrival, it is necessary to contact the Manager whose contact details are indicated in the booking confirmation email, in order to allow the necessary measures to be taken.
In case of missing notice, it will not be possible to access the Structure. In case of no-show at the Structure after 10 pm on the day of check-in, in the absence of prior notification of the delay, the Manager reserves the right to consider the reservation as canceled by the Guest and will not be obliged to refund any amounts already paid by the Guest or if this is not possible the Manager will treat the deposit paid in part or in full, which will be calculated on the basis of the days booked at the Structure.
This point can also be implemented for the Guest who books on other Platforms.

6.3 The Guest is required to inquire by contacting the Manager if certain services that are mentioned on the site mitucasa.com are active.

6.4 At the Structure it is possible that there are rules which the Guest must strictly comply with in order not to incur penalties, such as for example the ban on smoking or the introduction of pets if they are not allowed. We advise the Guest to inquire about these rules before booking in order not to incur penalties (see points 9 and 10)

7. PROMOTIONS AND DISCOUNTS

Any promotions or discounts made by MiTuCasa or by the Manager may occlude certain services. We advise the Guest who adheres to such promotions or discounts to always ask the Structure if there are any excluded services that appear on the website or on the Booking Platform.

8. DUTIES AND RESPONSIBILITIES

8.1 The Guest agrees to act in compliance with the provisions expressed in the regulation available at the Structure, with any regulations communicated by the Manager to the Guest and with the same Booking Conditions.

8.2 The Guest agrees to keep and leave the Structure (including: rooms, areas, common and non-common rooms), the furnishings, including items such as kitchen equipment, dishes and glasses and any object for their use, in good condition.

8.3 The Guest agrees not to cause damage to walls, doors, windows or other parts of the Structure or to take any action that could reasonably be considered as a nuisance to neighbors, tenants or any adjacent or nearby occupants.

8.4 The Guest agrees to take all necessary measures to protect their personal belongings during their stay at the Structure. The Guest authorizes the Manager to handle any of his objects found unattended within the Structure.

8.5 The Guest is responsible for verifying that the common and non-common areas in which the guest is staying and all the objects present are in excellent condition. In the event that the Guest notices anything that is not working, broken or in a state of deterioration, he is responsible for immediately reporting it to the Manager.

8.6 The Guest agrees to ensure that all persons included in the booking have tourist insurance coverage (covering cancellation, flight delay, loss or damage to luggage and other personal effects…) and health insurance coverage (covering any evacuation or repatriation). If the Guest does not have these insurances or wants to integrate them, he can activate the MiTuCasa Insurance at the time of booking or at check-in.

8.7 The number of occupants in the Structure must correspond exactly to the authorized number; it is forbidden to change the composition of the group during the stay. Pets are allowed only where allowed by the Manager and can never be left alone or in conditions in which they can annoy other people or cause damage to the Structure. In the event of non-compliance with the aforementioned rules, the Manager reserves the right to deny the Guest access or to request immediate abandonment. In this case, the Manager will not be required to refund any sums already paid by the Guest. Furthermore, it reserves the right to grant any refunds at its discretion using the Guest's deposit.

8.8 The Guest agrees to allow during the stay, at reasonable and/or agreed times and times, any person mandated by the Manager or any of its representatives, to access such persons for the purpose of essential repairs, in cases of emergency or to verify compliance with the Booking Agreement.

8.9 In the event that the Guest should stay after the agreed check-out time, the Manager will have full right to access its spaces and take all necessary measures to remove the Guest (according to the law in force). In such cases, additional costs may be applied for each hour of delay.

8.10 The Guest is responsible for informing the Manager, before booking, of any pathology, disability or physical condition or other circumstances that may require certain precautions or structural compliance on the part of the Structure.

8.11 The Parties hereby agree that, except for willful misconduct or gross negligence, the Manager is not liable for any damages suffered to the Guest as a result of failure, delay or incorrect fulfillment of the services provided for in this Booking Contract.

8.12 The Guest is solely responsible for the data provided to the Manager, therefore he undertakes not to omit or give false information about it. The Guest is also responsible for providing contact details where he can be found in order to receive useful information from the Manager. This information must be correct, complete and updated for the entire duration of the stay, any changes must be communicated to the Manager.

8.13 The Guest is responsible for notifying the Accommodation of any delay in check-in and/or check-out. In the event of a delay not communicated to the contact details made available by the Structure during the booking phase or in the event of a delay that goes beyond one hour, the Structure reserves the right to withhold any additional costs or cancel the booking, in the event that the Guest has not already made use of the stay.

8.14 The Guest, as the person making the reservation, is responsible for the actions and behavior of all members of the group. It is also responsible for obtaining their consent before providing their personal data to the Manager.

8.15 The Guest must guarantee the safety of the Structure and its equipment during the stay. You will be held responsible and subject to compensation in the event that, for example, you leave the keys attached to the entrance door or any windows open in your absence and a theft occurs inside the Structure.

8.16 The Structure reserves the right not to accept the Guest without a minimum of accessories that allow him to stay in a hygienic manner, as this can create a degradation of the objects that are part of the Structure.

9. DAMAGES POLICY

9.1 Il massimale per danni è di 5.000 euro mentre la cauzione sarà di minimo 300 euro da versare al momento della prenotazione o al check-in, salvo particolari accordi con le Piattaforme su cui l’Ospite ha prenotato. Tale cifra e modalità sarà a discrezione del Gestore che potrebbe anche aumentare la somma richiesta in base al valore della Struttura e dagli oggetti tenuti in essa.

9.2 In the event that the Guest or his invited people damage or lose something owned by the Manager, they must comply with the following:

  • If it is the Guest who immediately informs the Manager of any damage or shortages, the Manager will implement the necessary procedures for a direct debit against the Guest in the event that the deposit is not sufficient to cover such damage or damage less than 500 euro, will only process the due portion. In this case, the Manager will apply a 20% discount on the value of the damaged object for timely communication by the Guest.
    The Guest must sign a liability sheet in which the Manager is authorized to withhold the agreed amount as compensation (unless otherwise agreed).
    Then the Manager will send a picture of the damage done via email and estimate or receipt for the restoration or purchase of the damaged object.
  • If at the time of check-out the Manager, through an inspection of the spaces occupied by the Guest, notices any damage, will implement the necessary procedures for a direct debit against the Guest, in the event that the deposit is not sufficient to cover such damage or damage less than 500 euros, will treat only the due part.
    The Guest must sign a liability sheet in which the Manager is authorized to withhold the agreed amount as compensation (unless otherwise agreed).
    Then the Manager will send a picture of the damage done via email and estimate or receipt for the restoration or purchase of the damaged object.

9.3 In the event of disputes or oppositions to the procedures of point 9.2, the Manager reserves 15 days to send a request for compensation for damages through the Platform on which the Guest has made the reservation, in the event that this is not possible, will take legal action against the Guest, in case no agreement is reached for payment due.

9.4 The damages policy is not linked to general cleanliness, ordinary wear and tear, any crimes you may have suffered (such as theft), or non-physical "damages" (such as smoking fines or bringing in pets if not allowed see point 9).

10. SANCTIONS

Each Structure has its own regulation due to different circumstances, including the area, the territory, the laws, the type of home, the condominium rules, etc.
The infringement of the prohibition of these rules involves a pecuniary administrative sanction starting from a minimum of 50.00 euros, this is at the Manager's discretion. We recommend that you first find out about these obligations and sanctions in the regulation of the Structure in which you are staying.

11. MITUCASA INSURANCE

The Manager offers insurance that covers certain risks and facilitates the Guest in many aspects (further details on coverage can be consulted on mitucasa.com/insurance.html):

  • In the event that you cancel your reservation within 24 hours, you will still be entitled to the entire amount paid for the reservation, plus any deposit.
  • If during the stay the Guest realizes that the Structure does not correspond in whole or in large part to the description on the website, if there is an inconvenience, which the Manager is unable to resolve in a short time, which involves the interruption of the stay by the Guest or if for a sudden reason the Guest should leave the Structure, the unused days will be fully refunded.
  • Assistance from the Manager 24 hours a day.
  • Free luggage storage for up to 5 days.
  • Deductible of 250 euros per person for any medical expenses during the days of stay or for damages caused to the Structure.
  • Assistance from the Manager in case of theft of luggage or documents.

12. CLAIMS

The Structure is designed to offer Guests a welcoming stay. Despite this, if Guests believe that there are grounds for submitting a complaint, it is essential to ensure that any corrective actions are implemented promptly.
To this end, it is essential that in the event of problems, Guests contact the Manager in order to facilitate a rapid resolution.
If it is not possible to remedy a problematic condition during the Guest's stay, the Manager may offer, at its discretion and based on the seriousness of the situation, a discount voucher on the Guest's future bookings on all the Accommodations belonging to MiTuCasa.
For the avoidance of doubt, the Guest is always required to contact the Manager in the event of complaints relating to the reservation or of any other nature and possibly write via email to complaints@mitucasa.com and/or fill in the online form in reference to complaints. All this can be done even after having stayed (maximum time to file a complaint is 15 days from check-out).

13. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA

The Parties undertake to exchange all the information necessary or useful for the correct execution of the stay service. The Manager undertakes to adopt all measures to ensure adequate protection of the data and information of a confidential nature received from the Guest. The Manager undertakes not to disclose to third parties any confidential information of the Guest of which he may become aware. The same obligation of confidentiality also applies to the Guest towards the Manager.
The Parties guarantee that the personal data which they will become aware of as a result of this Booking Agreement will be treated in full compliance with the privacy legislation (Legislative Decree No. 679/2016 - Code regarding the protection of personal data and pursuant to of Article 15-22 of the European Regulation GDPR).

14. LIMITATIONS OF RESPONSIBILITY

The Manager declines all responsibility towards the Guest in the event of:

  • payment problems caused by third parties;
  • problems of any magnitude with Platforms where you have booked your stay;
  • refusal to process payment transactions imposed by third-party payment solution providers;
  • failure to inform the Manager of any people not booked to access any room or area of the Structure;
  • forgetfulness of personal belongings left in the Structure;
  • unethical actions or actions that violate applicable laws;
  • lack of legal authorization for a minor staying in the Structure;
  • lack of services during non-working hours or holidays.

15. PROPERTY RIGHTS

15.1 Unless otherwise stated, all rights in our website (technology, content, trademarks, graphics, etc.) are owned by MiTuCasa (or its licensors). By using our site, the Guest agrees to do so only for the purposes for which it is reserved and in compliance with the conditions set out below.

15.2 You may not monitor, copy, source/harvest, download, reproduce or otherwise use elements of our website for commercial purposes without written permission from MiTuCasa or its licensors.

15.3 We closely monitor each visit to our website and will block anyone (and any automated system) we suspect may:

  • conduct an unreasonable amount of research;
  • use devices or software to collect prices or other information;
  • carry out operations that cause excessive stress to the servers used.

15.4 By uploading an image to our website (for example a document), you confirm that it complies with our criteria and that:

  • corresponds to reality (i.e. it is not altered or owned by others)
  • does not contain viruses;
  • you are allowed to share it;
  • we are authorized to use it for purposes related to the stay;
  • does not violate other people's privacy rights;
  • you accept full responsibility for any legal disputes against MiTuCasa related to it.

15.5 To clarify further: we are not responsible for any images you upload to our website and we are entitled to remove any image at our discretion (for example, if we find that such image does not meet the criteria set out above).

16. APPLICABLE LAW AND JURISDICTION

This Booking Contract (including any non-contractual obligations arising therefrom) entered into between the Guest and the Manager is governed by the laws in force in Italy.
Both parties agree to entrust the exclusive jurisdiction in the event of litigation or other disputes to the Bar of Rome.

17. VARIOUS AND POSSIBLE

17.1 The transfer of the reservation or other rights and responsibilities set forth in this Booking Contract to third parties is not permitted without the prior written consent of the Manager.

17.2 If, at any time, the provisions agreed to in this Booking Contract are held to be unenforceable for any reason, by virtue of any applicable law, such provisions will be invalid; such invalidation will have no effect on the remaining provisions.

17.3 This Booking Contract, together with the cancellation method and the contents of the confirmation email, contains the entire agreement stipulated between the parties in relation to the booking and replaces any previous agreements, provisions or compromises between the Guest and the Manager , in oral and written form. No implicit or explicit declaration, commitment or promise, in oral or written form, which took place during the course of negotiation between the Guest and the Manager, prior to the receipt of the confirmation email, will be considered binding unless explicitly expressed in this Booking Contract.

17.4 The Manager disclaims any liability in respect of any breach of this Booking Contract or any other liability arising from insolvency or delay resulting from circumstances beyond the Manager's reasonable control, including, but not limited to, floods, fires, explosions or accidents.

You expressly declare that you have read, understood and accepted these Booking Conditions via the online procedure or digital signature.