Conditions
It governs the contractual relations between the customer (hereinafter the "Tenant"), and Nice Vacation s.r.l. (hereinafter the "Company") following the booking and payment of the apartment selected from those on the portal www.nicevacation.it
General provisions
The following general contract conditions govern the terms and conditions applicable to the transitional lease contract stipulated between the Tenant and the Company, which acts in the name and on behalf of the owners of the properties, and concerning the apartment indicated above chosen from among those listed on the website www.nicevacation.it. Without prejudice to the possibility of entering into specific agreements (Online Booking system), without prejudice to these general terms and conditions.
Conclusion of the contract and deposit
2.1. Choice of Property By accessing the online platform www.nicevacation.it, the Tenant has real-time information about the availability and prices of the chosen property.
2.2. Booking procedure If the property chosen by the Tenant is free for the period indicated by the same, he must complete the booking operation by paying the full amount of the agreed rental fee by credit card following the guided instructions; upon successful payment, the Company will send the Tenant a Booking Confirmation e-mail containing the details of the chosen apartment, the rental period, the number of occupants as well as the amounts (1) of the rent, (2) the reservation fee, (3) the security deposit, (4) the cleaning service and (5) any additional services chosen. The contract will not be concluded until the payment has been completed and the booking confirmation e-mail has been received. The Lessee will have the right to choose between two different non-refundable rates and standard rates; the latter higher than the previous one will allow changes or cancellations up to 7 days before arrival without paying any penalty and with the return of the full amount including the booking fee.
2.3. Stipulation of the contract The booking will be considered confirmed with the successful payment of the rent and the consequent sending of the Booking Confirmation e-mail referred to in point 2.2 above; in the absence of this hypothesis, the Company will be free to conclude lease agreements with third parties concerning the same apartment for the same period. The Lease Agreement will be signed in paper form on the day of the start of the lease and, in the event that it is necessary to proceed with registration, the latter will be carried out at the expense of the Company.
Price and payment
3.1 The amount of the rent is that indicated in the Booking Specifications including the amounts of the booking fee and ancillary services. For rentals of less than one month, the total amount must be understood as inclusive of energy and gas, heating and water consumption. The Balance of the Rental Fee for the period indicated in the introduction has already been fully paid by the Tenant to the Company at the time of booking by credit card payment. 3.2 The Extra Costs refer to the optional services offered by the Company and selected by the Tenant and listed in detail in the Introduction. These services will be billed with the application of 22% VAT as required by law. 3.3 The price does not include the tourist tax which must be paid in cash upon arrival.
Security deposit
4.1 At the same time as entering the Property and the relative delivery of the keys, the Tenant pays the amount of the security deposit to the Company's representative, if required, to the extent indicated in the Booking Specifications. 4.2 The security deposit required depends on the length of the lease. 4.3 There are exceptions for apartments of particular value and / or for the presence of animals. 4.4 The security deposit will be fully returned by the Company to the Tenant after the termination of the Contract. It is understood that in the event of damage caused by the Tenant to the Property, the Company will have the right to withhold the aforementioned security deposit, without prejudice, in any case, to its right to compensation for any greater damage.
Duration of the Contract, Withdrawal of the Lessee and Penalty
5.1 The duration of the contract will be indicated in the Booking Confirmation. 5.2 In the event of the Lessee's withdrawal for any reason before the start of the lease period, the Company will have the right to withhold the amount paid as a Booking Fee indicated in the Booking Specifications, subject to the provisions of Article 2.2.
Replacement of the Property
6.1 The Company reserves the right to replace the Property with another Property of equal or higher quality if, for reasons not attributable to it, it is unable to ensure the Tenant's enjoyment of the Property. If the Tenant, for reasonable and documented reasons, refuses the property offered as a replacement, the Company will reimburse the same the sums paid to it with the exception of the Reservation Right. No further amount will be due by the Company to the Tenant for any reason.
Obligations of the Lessee
7.1. At the time of check-in, the Tenant delivers to the Company's representative the identification documents for each adult and minor who will use the Property. The Tenant undertakes not to stay in the Property in a number of people greater than that indicated in the Booking Confirmation. Failure to comply with this obligation will result in the Tenant's obligation to pay the Company, as a penalty, an amount equal to 50% of the total rental price of the Property for each person in excess. 7.2. The Lessee expressly declares that every cohabiting person / employee will be regularly present on the territory of the Italian State as an Italian citizen or, in the case of a foreign citizen, in compliance with the rules on public safety (any visa or residence permit), assuming direct responsibility for them. 7.3. The Tenant undertakes to use the Property with care, keeping it clean, refraining from any act that could cause any damage to it and / or its appurtenances and / or its common parts and / or the assets contained therein. The Tenant undertakes to check the condition of the plants if they are supplied in the house or in any balconies / terraces, as well as undertakes to keep the eaves of the terraces clean to allow the evacuation of water. 7.4. The Tenant also undertakes to use the Property in such a way as not to disturb the residents in the vicinity of the Property. It is forbidden to use the Property for illegal acts.
7.5. The Tenant also undertakes to return the keys of the Property at the time of check-out.
7.6. Finally, the Tenant undertakes not to reproduce and / or deliver the keys of the Property to third parties and / or to disclose any access codes to the Property to third parties. The loss / breakage of the keys and / or the lock entails the reimbursement of the cost of a new lock and 5 new sets of keys.
7.7. The Tenant undertakes to observe, for the entire period of the lease, the ordinary precautions and safety measures aimed at preventing the entry of strangers into the Property. It is understood that in the event of non-compliance with this obligation, the Tenant will be responsible for any damage caused to the Property and / or to the goods contained therein.
Faculty of access to the property
8.1 The person in charge of the Company and / or third parties appointed by the same, identifiable at the request of the Tenant, will have the right to access the Property in order to carry out any necessary repairs and / or maintenance. Except in cases of emergency, the Driver will be informed in advance.
Animals
9.1 Unless expressly authorised in writing by the Company, the Tenant is forbidden to house animals of any kind in the Property.
Utilities suspension
10.1 The Company will not be liable to the Tenant for any suspension and / or innocent interruptions of the supply of electricity and / or gas and / or water and / or Internet.
Penalty for non-compliance with the Tenant's Obligations (Article 8)
11.1 In the event of conduct contrary to the good management of the property, the Tenant must pay the Company a penalty equal to 200% of the rent indicated in the introduction, for this purpose also taking advantage of the security deposit, without prejudice to the right to compensation for any greater damage suffered.
Limitation of Liability
12.1 It is understood that the amount of any damages refundable by the Company to the Tenant in relation to the Contract will not exceed the sum actually paid by the Tenant to the Company in relation to the Contract itself.
Thefts
13.1 The Company will never be responsible for any thefts suffered by the Tenant whether they occur through burglary or tampering at the entrance or in any other way within the Property.
13.2 The Tenant undertakes, therefore, not to leave their possessions and personal effects unattended inside the Property.
Personal data
14.1 The Tenant authorizes the Company to communicate his personal data to third parties in relation to obligations connected with the rental relationship (Legislative Decree 196/2003).
Jurisdiction
15.1 For any controversy deriving from this assignment, the Court of Ascoli Piceno will be exclusively competent.
Governing Law
16.1 This contract is subject exclusively to Italian law.
Privacy Policy of www.nicevacation.it
This Application collects some Personal Data from its Users.
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Owner and Data Controller
Nice Vacation Via Olindo Pasqualetti, 3 – 63074 San Benedetto del Tronto (AP), Italy
Owner contact email: [email protected]
Types of Data collected
Among the types of Personal Data that this Application collects, by itself or through third parties, there are: Cookies; Usage Data; first name; last name; date of birth; phone number; address; country; province; email address; ZIP/Postal code.
Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection.
Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Application.
Unless specified otherwise, all Data requested by this Application is mandatory and failure to provide this Data may make it impossible for this Application to provide its services. In cases where this Application specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.
Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.
Any use of Cookies – or of other tracking tools – by this Application or by the owners of third-party services used by this Application serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy, if available.
Users are responsible for any third-party Personal Data obtained, published or shared through this Application and confirm that they have the third party’s consent to provide the Data to the Owner.
Mode and place of processing the Data
Methods of processing
The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Application (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.
Legal basis of processing
The Owner may process Personal Data relating to Users if one of the following applies:
Users have given their consent for one or more specific purposes. Note: Under some legislations the Owner may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law;
provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof;
processing is necessary for compliance with a legal obligation to which the Owner is subject;
processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Owner;
processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party.
In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Place
The Data is processed at the Owner’s operating offices and in any other places where the parties involved in the processing are located.
Depending on the User’s location, data transfers may involve transferring the User’s Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.
Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data.
If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with the Owner using the information provided in the contact section.
Retention time
Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.
Therefore:
Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed.
Personal Data collected for the purposes of the Owner’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner.
The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.
Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.
The purposes of processing
The Data concerning the User is collected to allow the Owner to provide its Service, comply with its legal obligations, respond to enforcement requests, protect its rights and interests (or those of its Users or third parties), detect any malicious or fraudulent activity, as well as the following: Analytics, Contacting the User, Handling payments, Remarketing and behavioral targeting and Displaying content from external platforms.
For specific information about the Personal Data used for each purpose, the User may refer to the section “Detailed information on the processing of Personal Data”.
Detailed information on the processing of Personal Data
Personal Data is collected for the following purposes and using the following services:
Analytics
Contacting the User
Displaying content from external platforms
Handling payments
Remarketing and behavioral targeting
Further information about Personal Data
Selling goods and services online
The rights of Users
Users may exercise certain rights regarding their Data processed by the Owner.
In particular, Users have the right to do the following:
Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.
Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.
Access their Data. Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
Verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
Restrict the processing of their Data. Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it.
Have their Personal Data deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner.
Receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User’s consent, on a contract which the User is part of or on pre-contractual obligations thereof.
Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.
Details about the right to object to processing
Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.
Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether the Owner is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.
How to exercise these rights
Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.
Cookie Policy
This Application uses Cookies. To learn more and for a detailed cookie notice, the User may consult the Cookie Policy.
Additional information about Data collection and processing
Legal action
The User’s Personal Data may be used for legal purposes by the Owner in Court or in the stages leading to possible legal action arising from improper use of this Application or the related Services.
The User declares to be aware that the Owner may be required to reveal personal data upon request of public authorities.
Additional information about User’s Personal Data
In addition to the information contained in this privacy policy, this Application may provide the User with additional and contextual information concerning particular Services or the collection and processing of Personal Data upon request.
System logs and maintenance
For operation and maintenance purposes, this Application and any third-party services may collect files that record interaction with this Application (System logs) use other Personal Data (such as the IP Address) for this purpose.
Information not contained in this policy
More details concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please see the contact information at the beginning of this document.
How “Do Not Track” requests are handled
This Application does not support “Do Not Track” requests.
To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.
Changes to this privacy policy
The Owner reserves the right to make changes to this privacy policy at any time by notifying its Users on this page and possibly within this Application and/or – as far as technically and legally feasible – sending a notice to Users via any contact information available to the Owner. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom.
Should the changes affect processing activities performed on the basis of the User’s consent, the Owner shall collect new consent from the User, where required.
Definitions and legal references
Latest update: July 02, 2018
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