GENERAL CONTRACT CONDITIONS
1. Object of the contract
The purpose of this contract is to grant a temporary concession to the guest of a real estate property (apartament), accompanied by the provision of additional services (if requested), against the payment by the user of the rent established by the company (summary in the reservation form).
2. Reservation and contract agreement
2.1 The guest select the property that intends to book for a short term rental among those published on the www.kibilu.com site (or selected on other channels where the offer is present like Booking.com, Airbnb, Expedia) and can make a reservation directly or contacting Kibilù Srl by phone, also requesting an on-site visit of the apartment.
2.2 Following the info request or on-site visit, Kibilù Srl will send to the guest (through email or whatsapp) the offer (reservation form) related to the apartment choosed, including:
a) the apartment address and its description;
b) the length of the contract, requested by the guest;
c) the amount of the offer for the guest stay;
d) the advance payment requested for the reservation;
e) the amount of the damage deposit that must be paid within the check-in date (see refund policy on the website);
f) the total guests number declared by the guest, at the reservation date;
g) the way of payment with Kibilù bank details;
2.3 The payment of the reservation (down payment or total due) is considered as acceptance of general contract conditions, listed on this document and included in the reservation form (see point 2.2).
2.4 The guest must send the payment receipt through whatsapp at +39 3486108179 o by mail at [email protected]
2.5 The contract is considered signed and accepted when Kibilù is notified about the payment of the reservation and it will appear on the bank account,
2.6 If the guest sends later the copy of the payment or the payment itself is not executed promptly and the apartment is not anymore available, Kibilù, will propose to the guest, through a new reservation form, another property, highlighting the price difference.
2.7 If the guest doesn’t accept the alternative apartment, the guest should send to Kibilù a written notification; Kibilù will reimburse the guest within 10 days, on the same way of payment from which funds have been received, less €100 as management fees cost.
3. Way of payment
3.1 After the contract agreement, the sum paid as advance payment or total reservation price, will be considered a “deposit” following the article n. 1385 of the Italian Civil Code and will be kept by Kibilù in case of reservation cancellation. Following the Force Majeure cause, as new Decree Law or Covid lockdown, the sum paid will be converted into a 12 months voucher from the check-in date - no reimbursement will be executed.
3.2 The guest needs to pay the outstanding balance of the reservation before the check-in date. For any medium term reservations (more than 30 days), the next month need to be paid 5 days before the month deadline; we don’t accept any case payment above 2.000 euro’s (Two Thousand). Any invoice issued to legal entities needs to be paid upfront.
3.3 As soon as the check-in (keys delivery) has been executed, Kibilù has the right to keep any sum already paid, in case of anticipated check-out of the guest (this is valid also in the case of Covid). Whether it is a direct booking or through the portals (OTA), Kibilù will not provide any partial refund unless previously agreed between the parties.
3.4 The fee indicated in the booking form is inclusive of the consumption of water, electricity, gas and wifi. In the event of periods of occupation of the property exceeding 30 days, the costs relating to electricity and gas will be quantified separately.
3.5 However, for specific properties, Kibilù will mention in the reservation form the amount of utilities included (point 3.4) or other methodology used to determine the cost of them.
3.6 At the time of the check-in Kibilù will register the amount of energy / heating - at the end of the stay, kibilù will register the amount of energy / heating used and if the difference is above the cost mentioned in the point 3.4, kibilù will invoice the guest (€. 0,40 for each Kwh and €. 1,40 per ogni mc of heating). Kibilu can deduct those costs from the deposit.
3.7 For the property of Porto Ercole, the parking space is included in the rate paid - if it is illegally occupied, Kibilù will grant the customer / guest a maximum daily refund of 5 (five) euros per day.
4. Deposit
4.1 The guest must pay a deposit to Kibilù Srl mentioned on the reservation form before the check-in date; it will be kept as a guarantee for damages incurred during the stay. The deposit will be used also to compensate others amounts due by the guest for the reservation. For medium term rent the deposit is determined as follows: 1 month deposit for 3 months rent, 2 months deposit for 6 months rent, 3 months deposit for 6 months rent (or above).
4.2 Kibilù Srl, within 30 days from the check-out date, will reimburse the guest of the deposit net by any outstanding amounts at point 4.1. (The guest needs to send a bank coordinate (IBAN) in order to permit Kibilù to execute the reimbursement).
4.3 The guest, immediately upon vacating the property or at the latest within 10 days of receipt of the written request from the company, is in any case obliged to pay the greater damages caused to the property by him or by the other occupants which remains to be paid after deducting the amount of the deposit paid.
4.4 All the outstanding balances not paid during the stay will be compensated with the deposit paid at the time of the reservation.
5. Contract length
5.1 The contract length is mentioned on the reservation form (from the OTA Airbnb, Booking.com, Expedia or Kibilù website) and at the check-out date the contract ends, meaning that the guest must leave the apartment without any notice period.
6. Property (apartament) replacement
6.1 Kibilù Srl has the right to replace the property whenever is needed and to replace it with the same characteristics or superior, when, for force majeure causes, the property is not anymore available or usable in the period.
The guest can’t accept the change and he has the right to claim back what has been paid so far, without to claim any damages for the missing stay at the property (apartment) or for any other reason.
7. Check-in and Check-out
7.1 The guest needs to meet the Kibilù staff for the keys delivery at the time agreed or use the applications shared after the reservation, like Vikey or keys collection points (Keycafe or Keynest).
7.2 The guest, at the check-in (or before) , needs to show the ID card or passport to Kibilù staff for the identification of ALL the guests (unless already done with Vikey applications).
7.3 The guest needs to advice for any delay about the check-in time agreed previously and waive Kibilù staff for any responsibilities in relation to any delay. For what concern the apartments located in Marina di Carrara, Porto Ercole (Monte Argentario), Courmayeur, Rapallo, Lerici, Varese and surroundings, Arona, Cormano and Milan, there are additional cost in charge to the guest, as follow: €30 for check-in, keys delivery and reservation management and penalties in case of delay not communicated non respect to the arrival time. About night check-in, in addition to the cost of the check in, the guest needs to pay (+€20 for arrivals from 20pm to 23pm and +40€ for arrivals from 23pm).
7.4 At the check-out date, the guest needs to leave the apartment within 10am and leave the keys into the apartment (instructions will be sent to the guest the day before) - the guest needs to inform Kibilù staff of any damages incurred during the stay.
7.5 If the guests doesn’t check-in at the date mentioned in the reservation form or, needs to check-out before, the guests has not the right to claim back any refund.
7.6 if the guests doesn’t check-in at all, for every reason, within 7 days from the check-in date, for which has been paid the first month of the stay, kibilù will cancel any contract signed with the guest (if above 30 days), keeping however the availability for the first month of the contract. if the guest has not fully paid the month, Kibilù will cancel the reservation and no availability will be kept anymore.
8. Guest responsibility
8.1 The guest is obliged to deliver the property in the same status as it has been received at the check-in and within 10am. - any delays NOT previously communicated will be subject to an additional cost equal to the cost of an additional night
8.2 The guest needs to occupy the apartment with a number of people mentioned in the reservation form - exceptions need to be agreed before the check-in with Kibilù for the communication to the police local authority..
8.3 The guest guarantee that every person that will occupy the apartment is regularly registered on the italian territory and if foreign, with regular VISA requested by the local authority. The guest is responsible for the truth of what is declared.
8.4 The guest can’t sublocate the apartament and can’t change the use of it.
8.5 The guest is obliged to use the apartment with diligence and don’t put in place any actions that could make any damages at the property, furnitures, electronic devices inside the apartment and at the common areas. The guest accepts to bear any repair or replacement costs in case of broken things - this cost will be deducted from the damage deposit paid or Kibilù will send an invoice to the guest to be paid immediately. Damages, when incurred, need to be declared immediately to Kibilù in order to don’t preclude any stay to the next guest.
8.6 The guest is responsible to respect the building rules for him and for the persons that stay in the apartment making silence during the night avoiding noise in the condominium parts of the building. Any infraction or written warning will result in a charge of 50 euros (fifty euros) which will be withheld from the deposit. For the apartment in Brebbia (Va) and Luino, compliance with the condominium regulations is required for the use of the swimming pool - any access by unauthorized third parties will be subject to a fine of €200.
8.7 The guest needs to put in place any behaviors necessary to prevent any other person from entering the apartament unless previously authorized
8.8 The guest can’t duplicate or deliver to third parties the keys of the apartment oro security codes. The loss of the keys oblige the guest to refund Kibilù the replacement cost of the door lock and 5 pairs of keys.
8.9 No animals are permitted to enter in the apartments if not approved before the check-in by Kibilù Srl.
8.10 The Guests undertakes to carry out separate waste collection during the stay and take care to dispose of it appropriately in the rooms used as per instructions received at check-in - for more information, we attach a link with the instructions for waste https://drive.google.com/drive/folders/1JDG6CISFHGW4E5Ow5brM7f4dekbHn1pW?usp=share_link Penalties of €100 will be applied if it is ascertained that such indications are not carried out correctly during the stay.
8.11 The guest needs to use and keep the apartment in good condition. The guest accepts that Kibilù Srl, with a notice period, can send the staff to check the status of the apartment or to make some maintenance operations or to make a tour because of the interests of potential new guests. The guest in addition accepts that, if Kibilu staff evaluate that the apartment is not kept in good conditions, Kibilù can send the cleaning agency to restore the original status, charging the fees to the guest.
8.12 After the keys have been handed over by the check-in manager, or after entering via the Vikey application, and within 2 hours of entering, the customer must report any malfunctions in the apartment or communicate any inadequate cleaning by sending reports photographic number +39 340 476 5293 - our cleaning agency will intervene to solve the problem as soon as possible and in any case between 4pm and 9pm. If the customer still decides to leave the apartment after checking in, for the reasons set out above or for any other reason, he will not be entitled to ANY refund. Kibilù will only provide for the refund of the deposit and tourist tax. (Reference point 3.3).
8.13 In the apartment in Viale Regina Margherita 1, so called Trilocale, the customer undertakes to respect the indications highlighted in the multilingual sign placed next to the sanitary ware regarding the METHOD OF USE of the Sanitrit, thus avoiding, as a summary, NOT TO THROW in the wc neither solid materials (tubes of toothpaste, food waste in general but in particular if with bones or seeds, nor plastic and / or metal materials of any size, etc.) as well as semi-solids (absorbents, butts of cigarette, sponges and paper towels etc).
At each check out, Kibilù carries out specific checks on the state of Sanitrit. It follows that, in the event of occlusions during the stay, the guest will be required to pay: € 50 for extraordinary maintenance. Just as if, during the check out phase, material strictly prohibited (therefore unsuitable) is detected in the Sanitrit, the guest will be required to pay compensation starting from € 50 to contribute to the maintenance or the full cost of the Sanitrit replacement if it doesn’t work anymore (photo’s backup and invoice will follow).
8.14 It is the responsibility of the guest, who with the signing of this contract certifies its possession and validity, for himself and for all the people traveling with him (belonging or not to his family), to hold the GREEN PASS BASE certificate valid during the stay at the Kibilù apartments (Valid for reservations from 6 December 2021 onwards). The guest agrees from now on to show, on request, to the delegates of Kibilù, the certificate that will be checked through the institutional APP VERIFICATION C19. In case of false declarations or expired certificates, Kibilú will NOT be able accept the stay at the apartment. (not anymore applicable)
8.15 SMOKING IS FORBIDDEN in all apartments - otherwise a penalty of 300 euros will be applied charging the credit card used for the reservation.
8.16 In all apartments it is FORBIDDEN to organize parties or private events - otherwise a penalty proportionate to the event will be applied, along with a report to the competent authorities.
8.17 It is forbidden to use the apartments for purposes other than residential reason. Commercial use of the property is generally prohibited, with some exceptions which must be requested in advance in writing. Kibilù and in agreement with the owners of the apartments reserve the right to authorize or not commercial use (video footage, office, laboratory, etc.) for a fee to be paid relating to the "film location" (in the case of shooting with smartphones, PCs, cameras and the like) . By way of example: it is forbidden to shoot inside the building of advertising spots or self-promotional and / or promotional shootings of third parties for commercial purposes, therefore the influencer or actor or director who wants to work inside the buildings and / or of the apartments, producing videos or sponsored posts and stories #adv #mkt #suppliedby #giftedby must ask for written authorization from Kibilù and consequently from the owner of the property before filming and publishing the creative product online (e.g. the commercial, the short film, etc.) Failure to comply with this clause entails the loss of the deposit damage paid and the recalculation of the cost to be paid for the location rent, for commercial use.
9. Contract resolution
9.1 Following the article 1456 of the italian civil code, the contract can be closed where the guest:
• doesn’t pay the amount due within the check-in date;
• doesn’t pay the amount due within the check-in date or, in case of contract more than 30 days, the second obligation (point 3.3 above);
• doesn’t pay the deposit agreed and mentioned on the reservation form;
• sublocate the apartment to third parties;
• change the apartment destination and use;
• let other persons stay in the apartment, non declared or not authorized by Kibilù Srl.
9.2 Kibilù Srl can use the termination clause (9.1 above) by communicating it to the guest in any written form (email, whatsup).
9.3 In the case of application of the termination clause (9.1), the Guest can’t claim back any amount previously paid. It is right to Kibilù Srl to claim the full payment to the guest (if not already) related to the reservation form.
10. Kibilù Srl responsibilities
10.1 The Kibilù responsibility is limited to the amount paid by the Guest included in the reservation form.
10.2 Kibilù Srl will not be responsible for any interruption or suspension of energy, heating, internet wifi or television service.
10.3 Kibilù Srl will not be responsible for any water flooding, noxious fumes, theft or breakage, fire.
10.4 Kibilù Srl will not be responsible for those services not provided directly - any disservice or responsibility need to be addressed to companies in charge of supplying such services.
Signature for acceptance
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We remind you that the processing of personal data is processed pursuant to ’art. 13 D.Lgs. 30.6.2003 n. 196 ( “ Privacy code”) and by the article n.. 13 Regolamento UE n. 2016/679 (in seguito, “GDPR”) with the following rules - link https://www.kibilu.com/privacy-policy/
