FIFA World Cup 2006: As a guest in Germany

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enter the rented accommodation, only if the tenant request this e.g. when any of
the fixtures need repairing.
♦ Important: The tenant is responsible for all damages incurred during his stay,
except for damage due to an existing defect or due to normal wear and tear.
♦ The tenant is entitled to ask for proof of expenses for which he is requested to
pay (e.g. to have a copy of the estimates, invoices etc).
If you, as a foreign consumer, are feeling mistreated by a Italian
professional, the European Consumer Centres (ECCs) will be pleased to
help you to find an amicable settlement of the dispute. You can find
further information and a complete list of all ECCs under:
http://europa.eu.int/comm/consumers/redress/ecc_network/index_en.htm
Centres
TOURISM IN ITALY
Leaving the property
♦ Just as when you entered the property, an inventory should be completed before
leaving. It guarantees that the tenant will not have to pay any extra charges which
are not his responsibility. If there is no deterioration in the condition of the property
the owner has to give back the deposit immediately.
Consumer
This brochure will provide you with information on vacation rentals
in Italy. You will find practical advice and important legal
information covering the different topics. We have tried to include
all the relevant information concerning travel to Italy and your stay
in Italy; however the information provided is not fully detailed on
all points and should be viewed as a guide not as a verbatim
statement of the law.
Holiday rentals
Tourism tax
♦ During their stay in Italy, visitors will not be asked to pay a tourism tax.
Holiday rental
♦ Definition: rental of a property for which no time limit is stated. The parties to
the contract can freely decide the duration of the rental, not being put any limit by
the law, as long as the object of agreement is to use the property for vacation,
relaxation and recreation.
Rental agreements
Before a rental agreement is finalised, a paper document must be given to you by
the owner or the agency in charge of taking the rent. This document should include
the following elements:
-
the geographical situation of the property and its location in the city or town
-
the number of rooms available
-
the equipment
-
services included in the price of the rent
-
pictures of the property.
♦ If a rental agreement is made through either a travel agency or the owner, the
contract must be in writing and contain:
-
the identity of the landlord and the tenant
-
dates and hours of arrival and departure
-
the price of the rent and a breakdown of the rental expenses
-
the amount of the sum paid in advance
♦ Be careful about unfair terms such as these:
-
declaring that the apartment is provided in good condition, when there has
been no inspection by the consumer and/or no inventory of fixtures
-
authorising the refund of the security deposit only to take place 60 days
after the departure of the tenant - even if no damage or loss has been
caused to the accommodation.
-
not allowing for an inspection and/or inventory of fixtures to be made when
the consumer leaves the accommodation
♦ Even if the rental agreement is between two private persons, a written contract
is compulsory, otherwise the rental agreement will be null and void. Furthermore, if
the duration of the rent is more than 30 days, you will also have to register the
contract at the “Agenzia delle Entrate” (that is the agency competent for the
registration of such contracts).
♦ But sometimes the owner may add a specific clause to the contract stating that
he requires proof of insurance before handing over the property.
♦ Usually the owner insures the building against fire, water, ice and storm damage,
but the policy does not include damage to contents. Find out if the owner has an
insurance on the property so that you can act accordingly.
Inspection and inventory of the place you have rented
♦ An inspection and inventory of fixtures should be done by the landlord and the
tenant together. It is very important to make a precise note of all the problems that
are present (mould, loose shower head, etc.). Also, an inventory of the fixtures must
be made. It is important to note both what is missing and any defects that are
visible on the different items of furniture, etc. Afterwards, whenever you notice a
problem in the property, contact the landlord or the agency immediately; otherwise
they may hold you responsible for the damage and keep part of the security deposit.
On arrival, I find that the accommodation is different from what was
promised: what can I do?
♦ If the rented accommodation does not correspond to the description, you need
to indicate all the differences, (e.g. with the furniture, number of rooms, etc.) on
the inventory. You should consider withholding the rent until you have settled this
problem with the landlord or his representative. Do not forget to take pictures for
proof in case of a dispute.
Obligations resulting from the rental agreement
♦ Italian law does not require an advance payment, but it is usually demanded by
the landlord. Be careful: if the rental agreement is cancelled, the consequences
vary, depending on whether you have paid a “caparra penitenziale” or “caparra
confirmatoria” . In both cases you will not recover the advance payment, but in the
second case, the owner can also eventually require a compensation for damages.
The tenant has the following obligations:
♦ No fixed percentage is required by law; the parties of the contract can freely
stipulate the amount of the advance payment (sometimes 10% or even less is
enough), or in other cases it is regulated by so called “usi locali” (trade customs,
which can be consulted at the local Chamber of commerce).
♦ hand back the premises at the end of the contract in the same conditions as
when received.
♦ Additional payments can be asked for charges and expenses. Generally the
tenant pays for electricity, water, telephone usage or laundry usage.
Insurance: not compulsory when you rent in Italy
♦ take over the property, maintaining the property in good condition and use it for
the purpose determined in the contract,
♦ pay the rent on the date stated in the rental agreement,
On the other hand, these are the obligations of the owner:
♦ to hand over the property in good condition, fit for the intended use.
♦ to supply accommodation which corresponds to the description he gave; he must
do repairs and replace defective equipment. The owner has no automatic right to