Lease Agreement
for Tourist Use
BOOKING N.
By and between
Mrs.:
born in:
on:
residing at:
Tax Code (CF):
insurance policy number:
Email:
tel:
Mrs.:
born in:
on:
residing at:
Passport N.
issued on:
by
email:
tel:
WHEREAS
• The HOST is the owner of the furnished real estate unit (hereinafter referred to as “the Accommodation”);
• located at:
• consisting of:
• registered in the land registry:
• energy certification n. _____________ of _________ class _________
• CIR:
• CIN:
• The GUEST intends to lease the Accommodation for exclusive Tourist Use, electing it as their temporary domicile solely for the period of use indicated in this Lease Agreement, and without transferring their residency there;
THE PARTIES AGREE AS FOLLOWS
1.OBJECT
By means of this Lease Agreement (hereinafter “Agreement”), the Host grants the Accommodation under Lease for Tourist Use to the Guest, who accepts it in its current condition, fully furnished and equipped as described in Exhibit A (“Inventory”), which forms an integral part of this Agreement. The Guest has viewed the images of the Accommodation on the website through which the booking was made, and has viewed the Accommodation directly before signing.
2.IDENTIFICATION and PUBLIC SAFETY
In order to comply with the general obligations of mutual fairness and transparency, as well as the specific obligations regarding the registration and communication to the Police Headquarters of the personal details of guests provided for by Art. 109 T.U.L.P.S.:
• The Parties undertake to mutually display their identification documents, attaching them to this Agreement.
•. The Guest will also make available to the Host the identification documents relating to the guests invited by them to enjoy the Apartment. The final number of Guests, and their identification documents, must be transmitted to the Host prior to gaining access to the Apartment.
• If the Guest or one of the occupants is a Non-EU citizen, the Host will forward the mandatory “Cessione Fabbricato” (Notice of Accommodation) communication to the Public Safety authority within 48 hours of the delivery of the keys, pursuant to Art. 7 of the T.U. Immigration Act.
3.PERMITTED USE
The property granted under Lease is intended exclusively for TOURIST USE for the temporary accommodation of the Guest. Any other use is strictly prohibited.
4.DURATION
The duration of the Agreement is fixed at ______ days,
starting from ______ and expiring on ______ fixed-term, therefore without the need for any notice of termination, which is deemed given upon the signing of this Agreement.
5.AVAILABILITY OF THE ACCOMMODATION
• Check in: The availability of the Accommodation is granted concurrently with the delivery of the keys and the signing of this Agreement, starting from the day ______ at ______ hours.
• Check out: The Guest must leave the Accommodation free of people and property by the day ______ at ______ hours.
6.RENT
The Lease Rent (“Rent”) is agreed upon at an amount of
Euro ______
This Rent corresponds to the gross rate established by the Booking Platform and INCLUDES:
• The Lease Rent
• The Cleaning Fee
• The Host Commissions (Host Service Fee)
• The Platform Taxes
• The cost of all Expenses listed in the subsequent section
(7. EXPENSES)
• The cost of all Contract Registration Tax (2%)
IT DOES NOT INCLUDE:
• The Guest Commissions (Guest Service Fee)
7.EXPENSES
All expenses of the Accommodation, without exception, will be paid directly by the Host, who remains the contract holder of the utilities and local taxes. The expenses are included in the Rent and are, specifically:
❏ water;
❏ electricity;
❏ internet;
❏ centralized heating;
❏ Municipal Waste Disposal Tax (TARI);
❏ full-time concierge;
❏ waste disposal;
❏ cleaning
8.SECURITY DEPOSIT
a) AirBnB Bookings
For all reservations processed directly through the Airbnb platform, the required guarantee for this specific rental period is fully handled via AirCover and the native platform terms under the Guest’s confirmed Booking ID : ____________________.
No separate direct financial deposit is required at check-in.
b) Other OTA / Direct Bookings:
To secure the obligations undertaken, the Guest will pay the Host a non-interest-bearing financial Guarantee equal to _____________ Euro. Under no circumstances may the Guest request that the Deposit be used to balance the rental payments.
• Method:
The Deposit is managed digitally through Swikly platform by means of a credit card pre-authorization. The funds are neither withdrawn nor frozen on the Guest’s account.
• Purpose of the Guarantee:
The Security Deposit is withheld for the following purposes:
Damage, or compensation for damage, to the Accommodation, its systems and accessories, or for missing items for which the Guest is responsible, except for deterioration due to normal use and taking into account the age and condition of each object at the start of the Lease, the insured risks, and the repairs to be borne by the Host.
Rent or other money due or payable by the Guest under this Agreement of which the Guest has been informed and which remains unpaid at the end of the lease.
Any unpaid bills or expenses related to the Accommodation paid in advance and incurred by the Host for which the Guest is responsible.
Legal Expenses paid in advance by the Host for breach of this Agreement by the Guest or for eviction due to non-payment.
• Release:
The Swikly guarantee lapses automatically at the end of the Lease, subject to verification of the condition of the property by the Host within a maximum period of 7 (seven) days from check-out. The Host may not, except in exceptional cases, refrain from releasing the pre-authorization of the Security Deposit for more than 7 (seven) days after the end of the Lease Agreement.
9.TAXES
a) TOURIST TAX (IMPOSTA DI SOGGIORNO)
Pursuant to the Regulations of the Municipality of Milan, residential leases with a duration exceeding 30 total days are completely exempt from the Tourist Tax. Therefore, no amount is due by the Guest under this title.
b) REGISTRATION TAX (IMPOSTA DI REGISTRAZIONE)
This Contract, having a duration exceeding 30 total days, is subject to mandatory registration with the Italian Revenue Agency (Agenzia delle Entrate). The Host shall arrange for the digital registration of the contract and the full payment of the relative taxes, without requesting any supplementary or offline payments from the Guest, as this cost is already fully included within the gross rate paid on the Booking Platform.
10.PAYMENT and COMPLETION
The Rent, inclusive of Expenses and Commissions, is paid by the Guest through the booking platform, which will issue the Guest a relative receipt of payment.
This contractual agreement will be deemed completed and effective only once:
• the terms of the same are accepted online,
• where due, the pre-authorization of the Deposit on Swikly is successfully completed,
• the signing of the Agreement is executed in the presence of both parties at the time of check-in, concurrently with the physical verification of identity documents.
11.ASSIGNMENT OF THE CONTRACT
It is expressly forbidden to assign the Agreement to third parties other than those named in this Agreement, under any title.
12.SUBLETTING
It is expressly and strictly forbidden to sublet the leased Accommodation in whole or in part; it is not permitted to welcome occupants who were not declared at the time of booking, paying guests, licensees, nor to sub-rent, divide or share possession of all (or part of) the property.
13.HANDOVER and RETURN
At the Handover of the Accommodation, after the Parties have signed the Agreement, the Host will deliver a copy of all the access keys to it (gate, main door, service door).
Upon delivery of the keys, the Parties will sign a Handover Document and the Inventory, intended to certify any pre-existing damage.
The return of the keys by the Guest, at the end of the Lease Agreement, will take place on the basis of a corresponding Return Document.
14.REGULATION OF USE OF THE ACCOMMODATION
The use of the Accommodation is regulated by the provisions of this Agreement (32. Use of the Accommodation) and by the House Rules (31. House Rules) already sent digitally and explained directly to the Guest upon their arrival; the House Rules are in any case posted inside the Accommodation, the provisions of which the Guest declares to know, have well understood, and accept.
15.LINEN SUPPLY AND CLEANING SERVICES
This agreement provides for the rendering of linen supply and cleaning services, as specified by Art. 4 D.L. n. 50/2017, converted with amendments into Law n. 96/2017.
The cost of the service will be included in the Rent, as mentioned above.
16.ALTERATIONS TO THE ACCOMMODATION AND ITS CONTENTS
It is forbidden to make alterations to the housing unit or to the systems/furniture/appliances present therein without the prior written consent of the Host.
If unauthorized alterations have been made by the Guest, the Host reserves the right to request that the Accommodation be restored to its initial state at the end of the Lease Agreement.
17.MAINTENANCE AND REPAIRS
In order to maintain the functional standards of the Accommodation and the care of its systems and furnishings, maintenance is divided between the Parties as follows:
• Minor Daily Care (to be borne by the Guest):
The Guest independently manages small daily needs such as the replacement of burnt-out internal light bulbs, the addition of salt and rinse aid in the dishwasher, the cleaning of the filter of the washer-dryer and dishwasher, and the cleaning of the drains of sinks and sanitary ware to keep them free of hair or residues. The Guest undertakes to periodically test the fire smoke detector and not to tamper with or deactivate it for any reason.
• Managed Routine Maintenance (to be borne by the Host):
For any malfunction or routine breakdown deriving from the use of appliances, drains, toilets, or fixtures, the Guest must immediately notify the Host. To guarantee the highest quality of intervention, the Host will exclusively send their own trusted technicians to perform the repair.
If the breakdown does not derive from normal wear and tear but from negligence on the part of the Guest, the cost of the intervention will be charged to the Guest (subject to the display of a regular invoice/receipt) or withheld via the Swikly circuit.
• Extraordinary Maintenance (to be borne by the Host):
Any Extraordinary Maintenance works or renovation of the Accommodation, such as, for example, the replacement of floors and fixtures, masonry works, and anything else necessary to make the Accommodation suitable for the purposes of the Guest, are entirely at the expense of the Host, except for those caused by malice/negligence or fault of the Guest or of those for whom they are responsible.
18.DAMAGE FROM THIRD PARTIES
The Host cannot be held responsible for damages that may derive to the Guest from facts, omissions, or faults of other residents in the condominium or of third parties in general. Likewise, the Host will not be responsible for any lack of water, electricity, and/or for the failure to supply condominium services, including centralized heating, the elevator, or the intercom, even if due to system breakdowns or delays in their repair.
19.BREACH OF CONTRACT AND EXPRESS TERMINATION CLAUSE
Failure to comply with the covenants established in
Art. 3 (prohibition of change of intended use),
Articles 6, 8 and 10 (punctual payment of rent and deposit), Articles 11 and 12 (prohibition of assignment and subletting), Art. 16 (prohibition of performing works or alterations without prior written consent), and
Art. 39.2 (prohibition of replacement of locks and duplication of keys) shall trigger ipso iure the immediate termination of the Agreement pursuant to Art. 1456 of the Italian Civil Code, without the need for a notice of default and with the obligation to compensate for damages.
20.DELAY IN VACATING
Any delay by the Guest in vacating the Accommodation will result in the application of a penalty for each day of delay, for an amount equal to double the daily Lease Rent. The application of the penalty shall not prejudice the Guest’s obligation to immediately vacate the Accommodation.
21.DISPUTES
For any dispute that may arise regarding the execution and application of the clauses of this Agreement, and in any case with respect to the Lease, the Court of Milan shall have exclusive jurisdiction.
22.AMENDMENTS TO THE AGREEMENT
Any modification to this Agreement cannot take place, and cannot be proven, unless by written deed. Any communication between the parties shall be sent to the e-mail addresses written on this contract. Each party shall notify the other of any change to the aforementioned data without delay.
23.PRIVACY
Pursuant to EU Regulation 2016/679 (GDPR), all data contained in this document will be used exclusively for the legal purposes and the tax/administrative obligations related to the Lease Agreement.
OBLIGATIONS and RESPONSIBILITIES
OF THE HOST
24.HANDOVER OF THE ACCOMMODATION AND DOCUMENTS
The Host declares to deliver the Accommodation object of this Agreement in full and lawful availability of the same, and to be entitled and authorized to destine it for Lease.
The Host makes themselves available to visit the Accommodation together with the Guest and to leave the latter the necessary time to verify the state of the premises before signing.
Concurrently with the signing of this Contract and the delivery of the keys, the Host delivers a copy of the Inventory (Exhibit A), the Property Handover document (Exhibit B), and a copy of their own Identification Documents (Exhibit C).
The Host declares that all systems present within the Accommodation comply with the law and are certified in this regard as per the Energy Performance Certificate (Exhibit E), which was transmitted digitally to the Guest prior to their arrival.
25.CONDITIONS OF THE ACCOMMODATION AND MAINTENANCE
The Host undertakes to deliver the Accommodation in a perfect state of Maintenance, clean according to professional standards, and guarantees that all systems, fittings, furnishings, and appliances present in the Accommodation are fully operational, making the relevant Instruction Manuals available to the Guest.
The Host undertakes to ensure that all electrical and mechanical appliances for which they are responsible are maintained in accordance with relevant legislation, with all required safety checks and maintenance carried out.
Repairs to the property: the Host undertakes to keep the Accommodation in good and working condition (excluding normal wear and tear) throughout the Lease and remains responsible for all Extraordinary Maintenance. In particular, they will be responsible for:
• repair and maintenance of the structure and exterior (including drains, gutters, and external pipes) of the property;
• maintaining the systems for the supply of water and electricity in repair and good working order;
• maintaining the systems present in the Accommodation for space heating and water heating in repair and good working order.
26.PRIVACY AND ACCESS
The Host undertakes to guarantee the Guest all necessary Privacy and the peaceful enjoyment of the Accommodation during the entire duration of the Lease.
The Host undertakes to always warn the Guest with at least 24 hours’ notice, except in cases of objective emergency, of their need to access the Accommodation for verifications, maintenance, or for visits by new potential tenants.
27.INSURANCE
The Host declares to be the holder of a Third-Party Liability Insurance Policy covering any damage deriving to the Tenant from the building and family liability, as well as damage from Fire, including damage to the property of the Guest (Exhibit D). This Policy does not provide coverage for any other damages arising to the property or personal effects of the tenant inside or outside the property, nor for claims by other parties for property damage or personal injury resulting from fault or intent of the tenant. Finally, coverage is not provided for any accidental damage that the Tenant may cause to the contents of the Host, fixtures, accessories, furnishings, or to the property or the building. It is therefore necessary for the Guest to personally arrange for insurance covering these specific risks.
28.RETURN OF THE SECURITY DEPOSIT
At the end of the Lease, the Host undertakes to release the pre-authorization of the Security Deposit as quickly as possible (within a maximum of 7 days), without withholding any part that is not justified by evident damage or malfunctions caused by the Guest or by their failure to make payments, provided that the Guest has complied with all the terms and conditions established in this Agreement.
OBLIGATIONS and RESPONSIBILITIES
OF THE GUEST
29.PAYMENT AND PROHIBITION OF SET-OFF
The Guest undertakes to pay the rental Rent, the Deposit, and all other sums due under this Agreement on time and in full, in accordance with clauses 6, 8, and 10 mentioned above.
The Guest undertakes not to withhold any part of the Rent (or any other sum due under this Agreement) for any reason, nor to request to offset the rent or any other due payment against the Security Deposit managed by Swikly.
The Guest undertakes to reimburse the net costs involved in carrying out repairs and maintenance to the Accommodation or its systems or furnishings where requested as a result of negligence, improper use, or breach of this Agreement by themselves or by their guests and visitors.
30.TAKING OVER and CUSTODY
The Guest declares to have inspected the Accommodation object of this Agreement and to have found it suitable for the agreed use and in a perfect state of maintenance, fully furnished and equipped as per the attached Inventory, acknowledging that it is free from defects such as to reduce its suitability for use, or to constitute a danger.
The Guest declares to take over the Accommodation for all legal purposes upon receipt of the keys, becoming its custodian from that moment on. The Guest undertakes to safeguard it and use it in a civil manner, without causing annoyance, harassment, damage, or harm to third parties.
The Guest further acknowledges that the Energy Performance Certificate (Exhibit E) information, the Insurance Policy (Exhibit D)and the Condominium Regulations (Exhibit F) have been made fully available to them in a digital format prior to arrival.
31.HOUSE RULES
• Quiet Hours: The Guest undertakes to strictly respect the condominium quiet hours from 22:00 to 08:00 and not to host Parties or celebrations at the Accommodation.
• Smoking Ban: It is strictly forbidden to smoke tobacco or any other product inside the Accommodation, from the windows, in the stairwells, or in any part of the building.
• Footwear: The Guest undertakes to leave their shoes at the threshold of the Accommodation and to invite their guests to do the same in order to preserve the hygiene and integrity of the floors.
32. USE OF THE ACCOMMODATION
The Guest undertakes to leave the Accommodation upon expiry of the Agreement in the same condition in which they found it, to take adequate care in the use of the Property, its fixtures, furnishings, and floors, and to use the appliances in compliance with the instruction manuals provided. The unit shall be left, at the end of the Lease, free of people and their belongings, with the furnishings and equipment complete as in the condition originally found, except for deterioration due to normal use.
The Guest undertakes to adopt all the prudent precautions expected of a reasonable person, including the prevention of damage due to rain, flooding, or fire, and not to overload the electrical circuits of the Accommodation by using multi-socket electrical adapters or inadequate extension cords.
The Guest undertakes not to add, subtract, or tamper with any part of the structural, electrical, lighting, plumbing, sanitary, or heating systems, nor the furniture or appliances.
The Guest undertakes not to remove any of the systems, accessories, furnishings, or contents from the Accommodation and not to store them in other places without the prior written consent of the Host.
The Guest undertakes not to display posters, images, photographs, paintings, or decorative objects on any part of the Accommodation using screws, nails, glue, adhesive tape, or other adhesive fixings.
The Guest undertakes not to use (nor to allow anyone else to use) harmful products, oil or petroleum-based products, paints, varnish, white spirit, thinners, grease, or other harmful substances in the environment, in the sanitary appliances, or in the drains of the Accommodation, and not to introduce any material into the drains that could potentially clog them.
The Guest undertakes not to store or introduce flammable or dangerous materials or equipment into the Apartment (with the exception of candles, in quantities adequate for normal domestic use) that constitute a fire hazard or a danger to health.
The Guest undertakes to notify the Host as soon as they become aware of any defect, damage, or deterioration that develops or occurs in the Accommodation (or in the building) which could be, or could reasonably be expected to become, a danger to life and safety of persons or a damage to the Accommodation itself and its contents, in order to allow for an immediate resolution of the problem. Failure to comply with this requirement may invalidate the Host’s insurance coverages, with a right of recourse against the Guest.
The Guest undertakes not to use any part of the Apartment to conduct commercial or registered professional activities, political meetings, or auctions, nor to display signs or advertisements visible from the outside.
The Guest undertakes not to use the Accommodation, or knowingly allow its use, for illegal activities or for immoral purposes.
33.PETS
The Guest undertakes not to keep animals, reptiles, rodents, birds, or insects in the Accommodation without first obtaining the prior written consent of the Host.
Such consent shall not be unreasonably withheld or delayed, without prejudice to the right of the Host to withdraw it for reasonable motives with appropriate prior notice.
If consent is given, a supplementary deposit may be requested to cover the costs of extraordinary cleaning, pest control, or repair of damage caused by the animal.
34. CONDOMINIUM REGULATIONS
The Guest undertakes to comply with the rules of the condominium regulations, in particular:
• The obligation to respect the quiet hours from 22:00 to 08:00;
• The obligation to properly separate and dispose of waste in the designated areas;
• The prohibition of hanging clothes, rugs, or other materials on any external part of the property or from the windows;
• The prohibition of placing pots or planters on the external windowsill or in common areas, and the prohibition of shaking rugs out of the windows.
35.ABSENCE
If the Guest intends to leave the Accommodation empty or unoccupied for a continuous period exceeding 3 (three) consecutive days, they undertake to notify the Host in advance and to comply with the conditions relating to the safety of the property. Failure to comply with this clause may invalidate the Host’s insurance policies, resulting in the liability of the Guest.
The Guest undertakes to always verify that external doors and windows are closed and secured when the property remains unattended.
The Guest undertakes not to leave any tap open and not to leave independent electrical appliances running when the Accommodation is unattended, with the exception of the refrigerator/freezer and the electric boiler, which must never be turned off.
36. MAINTENANCE/REPAIRS
The Guest undertakes not to carry out any work or repair on the Apartment, nor to authorize third parties to do so without the prior written consent of the Host sent via email.
The Guest undertakes to keep the drains, toilets, sinks, bathtub, shower, dishwasher, and washer-dryer filters to which they have access free from obstructions, maintaining them free of blockages.
The Guest undertakes to periodically test the installed smoke detector and to report any anomalies to the Host immediately. It is absolutely forbidden to tamper with or deactivate the detector.
37.HYGIENE
The Guest undertakes to maintain the Apartment in an excellent hygienic-sanitary state, to regularly remove domestic waste strictly following the recycling rules of the Municipality of Milan, and to use the appropriate disposal rooms. Waste may not be accumulated in the Accommodation for more than 5 days.
38.VISITORS and GUESTS
The Guest undertakes to immediately notify the Host of any changes in the number of Guests compared to that communicated during the booking phase and is aware that such a change could require a variation in the Rent.
The Guest is responsible at all times for the behaviour of anyone living in or visiting the property; this includes any other third party (for example, delivery drivers or visitors, etc.), whether invited or not, while they are inside or at the Accommodation. Minors under the age of 18 are not permitted to live in the property without the supervision of parents or a guardian.
39.LOCKS and SECURITY
The Guest recognizes the Host’s right to hold the keys to the property at all times during the Lease and that they (or another representative or employee of theirs) have the right to use such keys to access the property during the Lease, with the right to a 24-hour prior notice already provided for above, except in cases of emergency.
It is strictly forbidden to modify, alter, install, add, remove, or damage handles, locks, or cylinders on doors or windows of the property or the building, nor to have additional keys made for any locks without the prior written consent of the Host.
The Guest will be responsible for the costs to repair any resulting damage to the property, damage to the cylinders and locks themselves, and those related to the duplication and/or replacement of keys.The Guest remains responsible at all times for the location of all keys delivered to them at the beginning of and during the Lease. If, during the Lease, the access keys to the property (or to any part of the building) are lost by them, the Guest must immediately notify the Host and repay the costs incurred by the latter to provide replacement keys and cylinders or to fit replacement locks, including labor costs for locksmiths or other craftsmen required.
The Guest undertakes not to allow strangers unsupervised access to any part of the Accommodation or the building that is not open to the public.
40.ACCESS TO THE ACCOMMODATION
The Guest undertakes to allow access to the Host or their delegate for any visits by new potential tenants, without prejudice to the right to a 24-hour prior notice.
For matters not provided for in this Agreement, the Parties refer to Art. 1, paragraph 2, lett. c) of Italian Law 431/98, Art. 53 of the Tourism Code Legislative Decree 79/2011, Art. 1571 and subsequent articles of the Italian Civil Code.
EXHIBITS (In paper copy executed at Check-in)
A) Inventory of Assets and Furnishings
B) Property Handover Protocol Document
C) Valid Identity Documents / Corporate Visuals of the Parties
EXHIBITS FOR INFORMATION PURPOSES (Transmitted in advance in digital format)
D) Insurance Policy
E) Official Energy Performance Certificate (APE)
F) Condominium Regulations of the Building
Milan, Date of Execution of the Contract: