1. These general conditions (hereinafter, the "General Conditions") are drawn up by Driope S.r.l. (hereinafter, "Driope"), with registered office in Via Inganni, 34, Milan (Italy), Tax Code and VAT number 08249880967, and regulate the use of the website www.urnest.it (hereinafter, the "Site ") By users (hereinafter, the" Users ") in relation to the services offered by Driope.
The User, who expressly signs these General Conditions by accepting them by ticking them in the appropriate section, is identified with the data entered during registration which must necessarily precede the purchase of the services.
2. Characteristics of the Site and services offered
2.1. The Site offers visibility to different types of real estate units, located in the Italian territory (hereinafter, the "Real Estate Units" and, each individually, the "Real Estate Unit") and marketed by Driope or by Driope's partner companies (hereinafter, "Partners"), who use the IT platform and the UR NEST brand in order to promote their real estate units.
2.2. In relation to each Real Estate Unit, Users will be able to sign legally binding contracts directly with the owners of the Real Estate Units, or with subjects who have the material availability (including Driope and its Partners), aimed at the concession in use to the User. same of such Real Estate 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. If lease agreements for temporary or turistic use are concluded, the registration of the lease is carried out - if necessary - by real estate agencies and authorized intermediaries operating in the respective jurisdictions.
2.3. On the Site, the User may also purchase ancillary services offered by third parties, including, by way of example but not limited to, the provision of the cleaning service of the Real Estate Units.
2.4. In addition to managing the Site, Driope 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 Driope and its customers can offer. Driope customer assistance service can be contacted at the telephone numbers listed on the Site, by filling in one of the forms on the Site or by e-mail: [email protected]. Driope reserves the right to refer Users to the references of its Partners for any requests relating to Real Estate Units not managed directly.
3. Registration and account security
3.1. In order to be able to conclude legally binding contracts concerning 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 - read and expressly accepts these General Conditions, as well as the Privacy Policy.
3.2. The User must enter an active e-mail address and a working telephone number as login credentials to the Site. The User indemnifies Driope from now on for direct or indirect damages that may arise to Driope and / or third parties from failure to comply with the aforementioned confidentiality obligation, as well as from those caused by access to the Site by unauthorized parties.
3.3. By accepting these General Conditions, the User expressly declares that all data and personal information provided at the time of registration are true, correct, complete and updated. The User is required to promptly notify Driope of any and all changes to their data entered during registration
4. Reservations, conclusion of contracts for the use of the Real Estate Units and for the purchase of ancillary services
4.1. Without prejudice to compliance with all the requirements (such as, by way of example, the completion of any verification process) established by Driope, Users can book the Real Estate Units available on the Site by following the relative booking process independently (through the so-called " Booking Online ") or with the support of customer service.
4.2. The reservations of the Real Estate Units located on the Italian territory can be managed both directly by Driope and by its Partners.
4.3. In both cases, Users will be able to view the contract proposal for the use of the Real Estate Units, as well as any proposal for the purchase of accessory services and express their possible consent independently (by selecting "accept" during the online procedure ) or directly to customer support. The proposal will clearly indicate all applicable fees, including the fee for the use of the Real Estate Units, the security deposit, the booking costs, the cost for the purchase of each accessory service and any applicable tax (hereinafter, collectively , the "Total Costs").
4.4. Upon receipt of the booking confirmation, the contract will be concluded and - without prejudice to the provisions of Article 4 below regarding the modification and cancellation of bookings - to the extent of their respective competence they will collect the Total Costs, all in accordance with the terms of payment. referred to in Article 5 below.
4.5 The cost paid for the stay at the serviced apartments managed by Driope includes condominium expenses, internet, initial/final cleaning as well as utilities. For stays longer than 15 nights, the forfait for the utilities (water, electricity and gas) included in the contract is limited to a different amount for each apartment. It is advisable to contact our staff at [email protected] to specify the exact amount of utilities included in the agreement for the stay.
5. Cancellations of reservations
5.1. The User has the right to cancel the reservation by sending a cancellation to Driope, if the Real Estate Unit is located in Italy, by e-mail to [email protected].
5.2. In case of cancellation of the reservation by the User within the date and time reported in the cancellation condition chose during the reservation process, Driope or its Partner - as far as their respective competence is concerned - will refund the amounts already paid in accordance with the procedure provided for in Paragraph 5.
5.3. If the User communicates the cancellation after the date and time reported in the cancellation condition, Driope or its Partners - to the extent of their respective competence - will apply a penalty equal to 100% (one hundred percent) of the Total Costs as resulting on confirmation of the booking, without prejudice to the right to compensation for greater damage.
6. Methods, terms of payment and refunds
6.1. It is possible to pay the Total Costs, as identified from time to time when booking the Real Estate Unit, by choosing from the following payment methods:
• credit card (VISA, Master Card, American Express and Postepay) or debit card;
• advance bank transfer.
Credit card
The information sent by the User for the purpose of payment on the Site (for example, the credit / debit card number or the expiry date) will be forwarded, via encrypted protocol, to credit institutions that provide remote electronic payment services, without third parties having access to it in any way. This information may possibly be used by Driope or its Partners - as far as they are concerned - 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 with reference to the commission of fraud on the Site.
Bank transfer
Once the payment request has been made by bank transfer, it is necessary to follow the following procedure:
• the bank transfer must be made within 36 (thirty-six) hours of booking confirmation;
• the reason to be reported on the bank transfer must indicate the name and surname of the User and the name of the Real Estate Unit;
• the bank transfer must be made in favor of Driope;
• to complete the request, a copy of the bank transfer must be sent by e-mail to [email protected];
• in both cases, in the subject of the e-mail, the User must indicate the name of the Real Estate Unit and his / her name.
6.2. In addition to the Total Costs, if there are non-recourse amounts or refunds associated with the payment method chosen by the User, the latter may be charged with costs related to the recovery by Driope or its Partner - to the extent of their respective competence - of such non-recourse amounts or refunds. Such costs or charges may include collection taxes, service charges or other third party charges.
6.3. In the cases referred to in Paragraphs 4.2, Driope or its Partners - to the extent of their respective competence - will process the refunds immediately; however, the timing of receipt of a given refund will vary according to the payment method used by the User and any applicable payment system rules (eg. Visa, Mastercard, etc.).
6.4. In case a free cancellation rate has been choosen during the reservation process, it is possible to cancel the reservation of a previously confirmed Real Estate Unit free of charge with 7 days notice prior to the expected arrival date at the Real Estate Unit. Up to 5 days before entry, the cancellation of confirmed reservations will result in a charge of 50% of the Total Costs, net of the security deposit, while starting from the 4th day before the start of the confirmed reservations Driope and its Partners will be able to charge the Total Costs in full, net of the security deposit and retain them even if the User is not staying at the Real Estate Unit booked through the Site.
7. Guarantees provided by the User
The User declares and guarantees that the information provided by filling in the forms is correct, truthful and precise, and that the use of the Site by the User will always comply with the provisions of these General Conditions, with any published instruction of from time to time on the Site and the general conditions of the individual services.
8. Intellectual property
8.1. The contents published or accessible through the Site are protected by copyright and industrial property laws. Driope is the owner of the Site, the pages of the Site, the information or elements contained in the texts, documents, photographs, drawings, graphics, software, logos, trademarks, trade names or other signs protected by intellectual or industrial property rights.
8.2. The User, without prior authorization from Driope, cannot reproduce, modify, decode, distribute, copy and disclose the information or elements mentioned above.
9. Limitation of Liability and Disclaimer of Warranty
9.1. The User releases Driope and its Partners from any liability arising from contracts entered into through the support of the Site, associated with the content published on the Site itself or linked to the activity or inactivity of other Users.
9.2. Driope and its Partners assume no responsibility for the incorrect use by third parties of the access credentials of Users who remain solely responsible to Driope, its Partners and third parties for the correct use of said credentials.
9.3. Driope and its Partners do not guarantee continuous and uninterrupted access to the Site and the respective services, which may be affected by factors beyond their control. Consequently, within the limits established by the Consumer Code and other laws in force, Driope and its Partners exclude any implied warranty, term and condition. Driope and its Partners are in no way responsible for any economic losses, goodwill or damage to reputation or for direct, indirect or consequential damages arising from the use of the Site and the services offered therein.
9.4. The Site and its contents are provided by Driope and its Partners as is and as available, without any explicit or implicit warranty statements of any kind. Driope and its Partners expressly deny any express or implied warranty, including, by way of example, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Under no circumstances can Driope and its Partners be held liable towards third parties for any direct, indirect, punitive, incidental, compensatory, special, consequential or any other type of damage, nor for loss of data, income or profit, for loss of goods or property damage, business interruption, loss of programs or data, deriving from this Site or in relation to it, from sites or services connected through this Site or from any copy, display or use of them, regardless from the legal theory on which the request for compensation is based, even if Driope and its Partners have been warned of the possibility that such damages could occur, including, by way of example, any damage resulting from any errors, omissions, viruses, delays or interruptions of the operation or service, regardless of the reason that caused them. Driope and its Partners cannot be held responsible for loss or damage deriving from third party websites or related to them or from the content accessed through the links contained in this site, from the use of this Site or any equipment. or software related to this site.
10. Limitations on the use of the Site
In accessing or using the Site, the User undertakes not to:
• use the property, equipment and utilities with the diligence of a good father of a family
• use automatic devices, software or other systems aimed at damaging the Site, cataloging the Site or any information contained therein or interfering with the Site's functions and services;
• take any action that results in data overload or the transfer of large amounts of data within the system;
• use the contents of the Site or perform 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 calls for tenders or competitions, surveys or other forms of unsolicited solicitation;
• publish illegal, vulgar, obscene, libelous, pornographic, defamatory, offensive material, offensive to 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, the right to privacy, or any other intellectual property right or other reserved right;
• publish, sell, market, or exploit the Site and / or its contents in any way unless this has been expressly authorized;
• use the Site or any content of the Site in any way that may be considered unreasonable and / or contrary to the purposes of the Site.
• The User undertakes to immediately communicate to Driope and / or its Partners any and all violations of these General Conditions and / or use contrary to the principles of correctness and good faith of which he becomes aware and / or contents that the If the User deems it inappropriate, harmful or contrary to the law, by sending a communication to [email protected].
11. General rules of the Real Estate Units managed by Dryops and / or its Partners
11.1. The Tenant undertakes to respect the rules of the building regulations. In any case, the Lessee is prohibited, under penalty of the Lessor's right to terminate the Contract immediately and without notice by means of a written communication to be sent to the Tenant by fax or e-mail:
• the use of any condominium spaces of the Real Estate Unit that are not strictly relevant to the Property;
• access of cycles or motorcycles within the Real Estate Unit or the building within which it was inserted, unless otherwise provided;
• remove any furniture and objects that make up the furniture from the Real Estate Unit, or move furniture or furnishings from the position they were in at the time of the booking;
• smoke in the Property (including electronic cigarettes, i-Qos and shisha);
• to carry out acts and behaviors that may cause annoyance to the other inhabitants of the building, avoiding making annoying noises before 8:30 and after 22:00.
• Organize private parties, celebrations, events, professional shootings or photo shoots as well as allow a number of guests to access the Real Estate Unit who access the maximum required as its capacity.
11.2. Driope and its partners will be able to use their operators to welcome Users who have confirmed a reservation to the Real Estate Units starting from 15:00 and until 19:00, while the same must be left on the expiry day of the reservation by 11:00. If check-in / out is required outside working hours, which go from 9:00 to 19:00 from Monday to Sunday, the user is required to pay the following extras:
• € 20 + VAT for arrivals or departures before 9:00 and after 19:00
• € 40 + VAT for arrivals or departures before 6:00 and after 22:00
11.3. If Driope and its Partners - to the extent of their respective competence - allow, at the request of the User, to allow a pet animal to stay in a Real Estate Unit, the User will pay € 20 + VAT at the beginning of the booking night, limited to the first 5 nights of stay, to Driope or its Partners, who will sanitize the Real Estate Unit following check-out.
11.4. The User who has booked a Real Estate Unit, starting from its delivery and up to its release, will have a maintenance service offered by Driope and / or its Partners - to the extent of their respective competence - available, active from 8:00 am. at 18:00. In order to receive the visit from Driope operators and its Partners within the day on which this was requested, it is necessary to contact assistance by 17:00. After 19:00 and until 22:00, an availability number is active which will be communicated upon delivery of the Real Estate Unit.
11.5. If, after the delivery of the Real Estate Unit, the cleaning of the apartment is not in line with expectations, the User may contact, within 12 hours of entering the Real Estate Unit, Driope or its Partners - as far as their respective competence is concerned - to arrange an appointment within the next 12 hours with the cleaning staff, who will be able to fix what is reported.
11.6. In the event that the User prefers to leave the Real Estate Unit at the end of his stay without meeting the staff of Driope or its Parters - to the extent of their respective competence -, the operators of the Real Estate Unit manager will check the status of the Unit. Immobiliare within 48 hours of its release, notifying any anomalies in the state of the premises. Any costs for repairing any damage found will be withheld from the security deposit.
11.7. The security deposit paid by the User upon entering the booked Real Estate Unit will be returned within 48 hours of release, following the appropriate checks of the status of the same at the end of the stay. The reimbursement will take place in the same manner in which the security deposit was paid. The timing of receiving a given refund will vary depending on the payment method used by the User and any applicable payment system rules (eg. Visa, Mastercard, etc.).
12. Indemnity
By accepting these General Conditions, the User undertakes to indemnify Driope and its Partners - to the extent of their respective competence - as well as their employees, managers and agents from any claim or request for compensation for damages coming from third parties, which may arise from the violation of even one of the conditions contained in these General Conditions, the legal obligations or the rights of third parties.
13. Third party links, banners and advertisements
13.1. The Site may contain links to sites managed and owned by third parties, advertising banners that refer directly or indirectly to sites managed and owned by third parties and advertising material in general.
13.2. 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 shown on the Site does not imply adhesion or recommendation of the same by Driope.
14. Changes
Driope reserves the right to modify these General Conditions at any time. This change will be effective starting from the tenth day following the communication of said change 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 agree to accept these changes.
15. Communications
15.1. Unless otherwise provided, communications sent to the User pursuant to these General Conditions are made by e-mail to the address entered when registering the account, as amended from time to time. These communications are to be considered as received if, within 24 hours of sending them, Driope is not notified of the invalidity of the e-mail address.
15.2. The User can make any communication to Driope regarding these General Conditions by sending an e-mail to [email protected].
16. Treatment of personal data
For the regulations relating to the processing of personal data, please refer to the Privacy Policy.
17. Applicable law - Jurisdiction
17.1. These General Conditions are governed by Italian law.
17.2. For any dispute that may arise between the parties, regarding the conclusion and / or interpretation of these General Conditions, the Court of Bologna will be solely and exclusively competent to decide.
18. Miscellaneous
18.1. 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 above.
18.2. 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.