These general conditions (hereinafter, the "General Conditions") are drawn up by IMMOBILIARE RK AZEGLIO SRL (hereinafter, "Realkasa"), in the person of its pro-tempore legal representative, with registered office in Bologna, in Via Massimo D' Azeglio 19, Tax Code and VAT number 03372521207, and regulate the use of the website www.realkasa.it (hereinafter, the "Site") by users (hereinafter, the "Users") in relation to the services offered by REALKASA and/or group companies to which REALKASA belongs.
The User who signs these General Conditions by accepting them by ticking the appropriate section, is identified with the data entered during the registration which must necessarily precede the purchase of the services.
1. Site characteristics and services offered
o The Site aims to offer visibility to different types of real estate units, located both in (i) Italian territory and in (ii) international territory (hereinafter, the "Real Estate Units" and, each individually, the "Real Estate Unit ”) and marketed by REALKASA.
o In relation to each Real Estate Unit, Users will be able to sign directly with the owners of the Real Estate Units, or with those subjects who have legal title to them (including REALKASA), legally binding contracts aimed at granting the User the use and enjoyment of such Property Units for a limited period of time. The type and specific content of these contracts may vary from time to time, taking into account not only the type and location of each Real Estate Unit, but also the period of time for which the User intends to use them.
o On the Website, the User may also purchase ancillary services including, by way of example but not limited to, the provision of the cleaning service of the Property Units, the pick-up service, the car service and others as indicated and represented on the Website.
o REALKASA, in addition to managing the Site, offers Users the support of a multilingual team that will be able to provide information and explanations regarding the characteristics of each Real Estate Unit, its location and the services that REALKASA offers. The REALKASA customer assistance service can be contacted exclusively via the WhatsApp platform by message to the number 051.849.65.75 or by phone call to the number 0518496575 / 051431895, or by filling in one of the forms on the Site or by e-mail upon reservation @realkasa.it .
2. Registration and account security
o In order to be able to conclude legally binding contracts concerning the Real Estate Units through the Site, it is necessary that the User - after having chosen the services of interest and having entered their mandatory personal data - reads and expressly accepts these General Conditions, as well as the Privacy Policy.
o By accepting these General Conditions, the User expressly declares that all personal data and information provided at the time of booking are true, correct, complete and updated. The User is required to promptly notify REALKASA of any and all changes or variations to their data entered at the time of booking.
3. Reservations, conclusion of contracts for the use of the Property Units and for the purchase of ancillary services
o Without prejudice to compliance with all the requirements established by REALKASA for the completion of any verification process as prescribed by these General Conditions and by anything else set out on the Site, Users can book the Real Estate Units available on the Site by following the relative process of autonomous booking (through the so-called "Online Booking") or with the support of customer assistance.
o The reservations of the Real Estate Units located on the Italian territory will be managed directly by REALKASA.
o In both cases, the User will be able to view the contract proposal for the use of the Real Estate Units of the type of the one attached here under letter A), as well as any proposal for the purchase of the ancillary services described therein and/or made available for the chosen Real Estate Unit, and there express your possible consent autonomously (by selecting "accept" during the online procedure), or alternatively by using the customer assistance service. The proposal will clearly indicate all the applicable fees, and in particular the fee for the use of the Property Units, the security deposit, the booking costs, the cost of cleaning, the cost for the purchase of each ancillary service and any tax if applicable (hereinafter collectively referred to as the "Booking Total").
o Upon receipt of the booking confirmation, the User, without prejudice to the provisions of the following art. 4, will assume the obligation to conclude the contract ifaccording to the model in the annex sub A), and REALKASA will collect the Total of the Reservation in accordance with the payment terms referred to in Article 5 below.
o At the time of placing possession of the property, it will be requested from the Client, who undertakes to pay it in the same manner as set out in Art. 5 below, a sum equal to 30% of the Total Reservation for stays between 1 and 15 days, and 50% for stays longer than 15 days, which will constitute a non-interest bearing security deposit to guarantee any and all possible damages caused by the User to the booked Structure, its furnishings, including appliances and any other furniture or furnishings present therein. This sum, upon verification of the good state of use of the Structure which will be verified by REALKASA employees, will be returned to the User within and no later than 5 days from the release according to the methods set out in Art. 5 which follows. On the other hand, REALKASA will be entitled to withhold said security deposit as an advance on any greater damage in the event that the Structure, at the time of release, presents damages of any nature and kind that do not exist at the time of entry into possession.
4. Cancellations of reservations
o The User has the right to cancel the reservation by sending cancellation to REALKASA by e-mail at [email protected].
o If the User has booked an apartment by selecting a "Non-Refundable" rate, no refund will be provided in case of cancellation, therefore REALKASA will withhold as a penalty an amount equal to 100% of the costs referred to in the Total Reservation and will proceed issue a regular invoice made out as indicated by the User during the booking.
o If the User has booked an apartment by selecting a Standard rate, REALKASA will refund the costs referred to in the Booking Total only if the booking cancellation request is received at least 15 days before the Check In date.
o If, on the other hand, the cancellation occurs after this deadline, REALKASA will have the right to withhold as a penalty an amount equal to 100% of the costs referred to in the Total Reservation, and will proceed to issue a regular invoice made out as indicated by the User during the reservation.
Where due according to the provisions referred to above, REALKASA will proceed to carry out the Refunds immediately, it being understood that the times of receipt by the User may vary according to the payment method chosen at the time of booking, as well as on the basis of any banking rule and / or law relating to the payment system applicable to the specific case (e.g. Visa, Mastercard, etc.).
5. Methods, terms of payment and refunds
o It is possible to pay the costs referred to in the Booking Total, as identified from time to time when booking the Real Estate Unit by choosing, as and where available on the website at the time of booking, from the following payment methods
o credit card (VISA, Master Card, American Express and Postepay) or debit card;
or PayPal;
or Stripes;
or advance bank transfer.
5.1 Credit Card, PayPal and Stripe
The information sent by the User for the purposes of payment on the Site (for example, the credit/debit card number or the expiry date) will be forwarded, via encrypted protocol, to leading credit institutions that provide remote electronic payment services , without third parties having access to it in any way. Such information may eventually be used by REALKASA - to the extent of their respective competence - exclusively for the purpose of fulfilling the obligations arising from these General Conditions and the accounting processes necessary for the issuance of documents required by law (such as, for example, invoices ), or in the event that it is necessary to collaborate with the police forces with reference to the commission of fraud on the Site.
5.2 Bank Transfer
The method of payment by bank transfer is accepted only and exclusively if the reservation is made by the User at least seven days before the date of entry to the chosen Property Unit.
Once the request for payment by bank transfer has been made, in order for the reservation to be successful, it is necessary to follow the following procedure:
o the bank transfer must be made no later than 48 hours from the receipt of the booking confirmation;
o the description to be reported on the bank transfer must indicate the name and surname of the User and the Name of the Real Estate Unit resulting from the site;
o the bank transfer must be made in favor of Immobiliare RK Azeglio srl to the IBAN coordinates indicated on the Site;
o copy of the bank transfer slip with relative evidence of CRO must be sent by the Userby e-mail to [email protected] within and no later than twenty-four hours after its execution.
In the absence of slavish observance of the procedure indicated above, the reservation must be considered as never confirmed, and any sums received for this reason by REALKASA will be returned to the User with the same payment method used by them.
In addition to the costs referred to in the Booking Total, if there are unpaid amounts or refunds associated with the payment method chosen by the User, the latter may be charged for the costs related to the recovery by REALKASA of such unpaid amounts or restaurants. Such costs or charges may include collection taxes, service charges or other third party charges.
6. Warranties provided by the User and Limitation of Liability
The User declares and guarantees that the information provided by completing the forms is correct, truthful and accurate, and that the use of the Site by the User will always comply with the provisions of these General Conditions, with any instructions published by from time to time on the Site and the general conditions of the individual services indicated therein.
The user declares, guarantees and accepts that during the entire period of stay in the leased Property Unit he will be the sole custodian of the same, and as such the only one responsible for running it.
The User declares and guarantees that he will keep the leased Real Estate Unit with the utmost possible diligence, and that he will use it for the agreed use and in compliance with the civil, criminal and administrative law of the Italian Republic, thereby indemnifying REALKASA from any liability for damage to the Real Estate Unit and its furnishings and appurtenances, as well as for the case in which the Real Estate Unit is used for illicit purposes.
The User exonerates REALKASA from any liability deriving from contracts stipulated through the support of the Site, associated with the contents published on the Site itself or linked to the activity or inactivity of other Users.
REALKASA assumes no responsibility for the incorrect use made by third parties of the access credentials of Users who remain solely responsible towards REALKASA and towards third parties for the correct use of these credentials.
REALKASA does not guarantee continuous and uninterrupted access to the Site and the respective services, which may be conditioned by external factors that cannot be foreseen or controlled by it. Consequently, within the limits established by the Consumer Code and by the other laws in force, REALKASA excludes any guarantee, term and implied condition regarding the functioning of the Site, declining any responsibility in this regard if not dependent on its own fault or omission. In any case, REALKASA is in no way responsible for any economic losses, goodwill or damage to reputation or for direct, indirect or consequential damages deriving from the use of the Site and the services offered therein.
The Site and its contents are provided by REALKASA as they are and as available without any explicit or implicit guarantee declaration of any kind. REALKASA expressly disclaims all warranties, express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall REALKASA be liable to any third party for any direct, indirect, punitive, incidental, compensatory, special, consequential or any other damages, nor for loss of data, income or profit, for loss of property or damages to property, business interruption, loss of programs or data, arising from or in connection with this Site, sites or services linked through this Site, or any copying, display or use thereof, regardless of the legal theory on upon which the claim is based, even if REALKASA has been advised of the possibility of such damages, including, without limitation, any damages resulting from any errors, omissions, viruses, delays, or interruptions in operation or service, regardless of the reason that caused them. REALKASA shall not be liable for any loss or damage arising from or related to third party websites or the content accessed through links contained on this site, the use of this Site or any related equipment or software this site.
7. Intellectual Property
o The contents published or accessible through the Site are protected by copyright and industrial property laws. REALKASA is the owner of the Site, of the pages of the Site, of the information or elements contained in the texts, documents, photographs, drawings, graphics, software, logos, trademarks, trade namessigns or other signs protected by intellectual or industrial property rights.
o The User, without prior authorization from REALKASA, may not reproduce, modify, reverse engineer, distribute, copy and disclose the above information or elements.
8. Limitations on the use of the Site
When accessing or using the Site, the User undertakes not to:
use automatic devices, software or other systems aimed at damaging the Site, at cataloging the Site or any information contained therein or at interfering with the functions and services of the Site;
take any action that causes data overload or the transfer of large amounts of data within the system;
use the contents of the Site or carry out framing activities on the Site also for the purpose of creating or compiling databases or other collections of information or to carry out competitive activities of any kind;
transmit advertising material, invitations to announcements or competitions, surveys or other forms of unsolicited solicitation;
publish illicit, vulgar, obscene, libelous, pornographic, defamatory, offensive material, morality, morality and public order or in any case harmful to the rights of others;
violate the rights of any person, including copyright, trade secret, right to privacy, or any other intellectual property right or other reserved right;
publish, sell, commercialize, or exploit the Site and/or its contents in any way unless this has been expressly authorized;
use the Site or any content on the Site in any way that may be considered unreasonable and/or contrary to the purposes of the Site.
The User undertakes to immediately notify REALKASA of any and all violation of these General Conditions and/or use contrary to the principles of correctness and good faith of which he/she should become aware, and/or contents that the User should deem inappropriate, harmful or contrary to the law, by sending a communication to [email protected].
11. Third party links, banners and advertisements
o The Site may contain links to sites owned and managed by third parties, advertising banners that directly or indirectly refer to sites managed and owned by third parties and advertising material in general.
o By accessing these sites, the User acknowledges that he is leaving the Site at his own risk, knowing full well that the General Conditions do not regulate access to and navigation on said sites. The advertising displayed on the Site does not imply endorsement or recommendation thereof by REALKASA.
13. Communications
o Unless otherwise provided, the communications sent to the User pursuant to these General Conditions are made via e-mail to the address entered during the registration of the reservation by the Client, as amended from time to time. These communications are to be considered as received if, within 24 hours of sending them, REALKASA is not notified of the invalidity of the e-mail address.
o The User can make any communication to REALKASA in relation to these General Conditions by sending an e-mail to the address [email protected]
14. Processing of personal data
The User declares to have received from REALKASA a copy of the document called "Privacy Policy", attached to these General Conditions of Contract sub B), to have read it carefully and to expressly give his consent to the processing of his personal data according to the methods therein established.
15. Miscellaneous
o REALKASA reserves the right to modify these General Conditions at any time. This change will be effective from the tenth day following its communication which will take place by e-mail to the address provided by the User upon registration, without the need for any express subscription by the User. The User will have the right to withdraw from these General Conditions with immediate effect if he does not deem himself to accept these changes.
o Pursuant to and for the purposes of article 1418 of the Civil Code, the invalidity that should affect one of the individual provisions of these General Conditions will not affect the validity of the entire contractual regulation described herein.
o These General Conditions are drawn up in Italian. In the event of a conflict between any of the translated versions of these General Conditions and the Italian language version, the latter will prevail.
o Eventual non-fulfilments and/or behavior different from what is established in these Conditions, even if tolerated or not challenged by REALKASA, will not constitute exceptions to these Conditions, nor precedents to refer to, nor can they be interpreted as tacit acceptance of the non-fulfillments themselves or Neither Party will be conconsidered responsible if the fulfillment of the respective service has become impossible due to unforeseeable circumstances or force majeure in accordance with the law.
o By accepting these General Conditions, the User undertakes to indemnify REALKASA as well as its employees, managers, agents, and any company of the group, including their employees, from any claim or request for damages arising from third parties, which may derive from the violation of even just one of the conditions contained in these General Conditions, legal obligations or the rights of third parties.
16. Applicable Law, Extension of Jurisdiction and Jurisdiction
o These General Conditions as well as the Contractual Documents stipulated between the Parties are without fail and exclusively subject to Italian law and jurisdiction.
o For any and all disputes that may arise between the Parties relating to the validity, interpretation and/or execution of these General Conditions and/or the Lease Agreements stipulated in execution of the same, the Court of Bologna, with the express exclusion of any alternative or concurrent competent court according to current legislation.
o In any case REALKASA, at its sole discretion, maintains the right to derogate from the aforementioned forum and jurisdiction agreements, remaining in the right to act also before the User's Court, possibly requesting the application of the law of the State in which the same resides.
The User declares to accept these General Conditions for all legal purposes by ticking the appropriate reserved box in the Section of the website www.realkasa.it. By carrying out this operation, the User therefore expressly demonstrates that he has read and fully understood, in all its parts, the Premises, as well as all clauses from 1 to 16.
The User also declares that he also specifically wants to approve, also pursuant to and for the purposes of articles 33 et seq. Legislative Decree 06/09/2005, n. 206, as well as 1341 of the Italian Civil Code, the following clauses:
Art. 4 Cancellations and reservations
Art. 5 Payment methods, terms and refunds
Art. 6 Guarantees provided by the User and Limitation of Liability
Art. 8 Limitations on the use of the Site
Art. 14 Treatment of personal data
Art. 15 Miscellaneous - modification of the general conditions and their effectiveness - indemnification commitment
Art. 16 Applicable Law, Extension of Jurisdiction and Competent Court
