General conditions of sale

Keesy s.r.l, with registered office in viale Lavagnini n°. 20 – 50129 Florence Vat n°. 01449180296, registered in the Economic and Administrative Index at n°. FI - 648669 (hereinafter also “Keesy” or “Company”), is the company which has designed the website accessible at www.keesy.com and the Keesy App compatible with the most common systems such as iOS or Android.

DEFINITIONS

Under these general conditions of sale specific words and/or expressions, in singular or plural form, have the meanings set out below:

Non-hotel accommodation facilities: apartments rented for tourist use and, by way of example (they can vary depending on the regional legislation), guest houses, bed and breakfasts, holiday homes, vacation homes;

Host: owner or manager of non-hotel accommodation facility;

Guest: guest of non-hotel accommodation facility;

Tourist tax: introduced with Leg. Dec. 23/2011, it is a tax payable by those who lodge in an accommodation facility or in a non-hotel facility on Italian territory. The tax is calculated per person and overnight stay, according to the characteristics of the hosting facility. The tax is at the discretion of the city councils;

Art. 109 of TULPS: Tulps is the Consolidated Laws of Public Safety issued with Royal Decree nー. Art. 109 establishes that the managers of hotels and non-hotels communicate the data and identity documents of their guests to the public safety authority within 24 hours of their arrival. Those who fail to provide this communication are subject to the application of a criminal penalty;

Key Box: a box used to store the keys;

Bag Box: a box used to store luggage;

Keesy Point: premises in which the Host deposits and picks-up keys and Guests check-in and check-out and leave luggage using the combined Keesy hardware and software;

Keesy Street: software and hardware device used by the Host to deposit and pick-up keys and by the Guest to check-in and check-out;

Check - in online:  procedure, which allows the Guest to check-in, in advance, starting from 7 days before arrival.

USE OF THE SERVICES

The use of the services offered by Keesy to the Users implies full acceptance of these General Conditions of Sale.
The automated services made available by Keesy S.r.l. are only available for persons having a legal personality and the capacity to act.
These contractual terms define the legal framework for use of the services offered by Keesy s.r.l through the Website and the App.
The version of the GCS available online on the Site and on the App will prevail, on any other version of the same, with exception of the modifications made following the purchase of a service and in conformity with the law in force.

1. SUBJECT

Keesy S.r.l. has created a platform focused on providing automated services - upon payment - for non-hotel accommodation facilities through the www.keesy.com and www.keesy.it (hereinafter “Site”) Internet site and the Keesy App (hereinafter “App”) .
The Keesy system allows those who manage and make use of the non-hotel accommodation facilities to check-in and check-out in a fully automated manner.

2. ENTRY INTO FORCE

The General Conditions of Sale are in force for the entire period of navigation and access to the Site and to the App and for the duration of use by the User of the services offered by Keesy.
The User is aware that the GCS are subject, at any time, to an update.

3. VERIFYING SUITABILITY OF SERVICES

The User declares to have checked that before booking a service from Keesy the same satisfies his needs and to have received from Keesy all the information required to sign these GCS and consequently waive any dispute regarding this point.

4. BROWSING THE WEBSITE AND DOWNLOADING THE APPLICATION

Navigation of the www.keesy.com and www.keesy.it site and downloading the App is free and there is no charge to be paid. Nevertheless, to access and book one of the services offered by Keesy, the Host User must register with the Site or with the App and pay a fee depending on the service selected.
At the moment of registering, the Host User must enter his data and create a password.
Once the data has been entered an account will be created for the Host User. This data constitutes the identification codes of the Host User.
The Host User can also register by logging in to its own Facebook or Google account. The Host User declares to have the right to disclose his data to access the Facebook or Google account to Keesy and/or to allow Keesy access to its Facebook or Google account without violating any of the terms and conditions that govern the use of the applicable Facebook or Google Account and without obliging Keesy to pay commissions, or make Keesy subject to the limits of use set by Facebook or Google.
By allowing Keesy to access the Facebook or Google accounts, the Host User recognizes that Keesy will access, make available and store (if applicable) any content provided and stored in its Facebook or Google account so that it is available through the Site, the Services and the App through its Keesy account and the Keesy account profile page.
Depending on third party accounts (Facebook or Google) chosen by the Host User, and except for the privacy settings selected in these accounts, the personal identification information published on these accounts will be available on and through one’s own Keesy account on the Site on the App.
If the Facebook or Google account should become unavailable, or access by Keesy to these accounts should be terminated by the supplier of Facebook or Google services, the contents will no longer be available on and through the Site and the App.
The Host User has the right to disable the connection between his Keesy account and the Facebook or Google Accounts at any time.
Keesy does not analyse the contents of Facebook or Google sites or applications for any reason, including, purely by way of example, accuracy, lawfulness or absence of violation of the same and Keesy will in no case be responsible for the contents of third party sites or applications.
The Host User accepts to provide accurate, complete and actual data during registration and update this data to keep it accurate, actual and complete.
Keesy reserves the right to suspend or close the Keesy account and access to the Site, to the Application and to the services in the event that any information provided during the registration process or thereafter proves to be inaccurate, untrue, not updated or incomplete, or otherwise in violation of these General Conditions of Sale.
Each Host User takes full responsibility for the use of his own account and of the assigned codes.
Each Host User, therefore, acknowledges and agrees that all the actions carried out using these aforementioned codes will be attributed to him and have binding effectiveness on him.
Keesy will not be held responsible in case of forgetfulness, fraudulent or unauthorized use of its own identification codes by another User and the Host User must immediately inform the Company of this situation by e-mail at the address info@keesy.com and/or by post to the address: via Lavagnini n°.20 – 50129 Florence.
Upon receipt of this communication, Keesy will proceed to analyse the situation and can, for security reasons, suspend all access to the account created by the user. Keesy will contact the Host User within the shortest possible time, undertaking to provide new identification codes by e-mail, after checking his identity.
The Host User is the only and exclusive individual responsible for his account. In case of use of the aforementioned codes by third parties, he authorizes Keesy to exercise any action or claim for any loss of data following theft or fraudulent use of his identification codes.
The Host User accepts that computer and/or telematic registrations by Keesy and/or by its suppliers to provide the services, and all the transactions carried out with his account, can be presented and used against him before any competent Administrative and/or Judicial Authority for all investigative purposes.
The Host User has the right to access, modify, correct and cancel the data concerning him. To cancel his own account the Host User must send an e-mail to the following electronic address: info@keesy.com.
The Guest User takes full responsibility for the use of the assigned codes.
Each Host User acknowledges and agrees that all the actions carried out using these aforementioned codes will be attributed to him and have binding effectiveness on him.

 

5. SERVICES OFFERED

Below is a short summary of the products for sale on the website and of the services offered for each product. Check out the website www.keesy.com for a full description and prices
Any service Keesy box Basic and Plus is subject and conditional to checking the availability of the Key Box from among those available for the period and time specified at the moment of the booking.
Keesy reserves the right to modify the prices, even if indicated on the site. The modifications are not related to the services already purchased.
All the services are included in the price established for single use or subscription and the Host can choose whether to enable them at each booking.
Type of products offered by Keesy:

KEESY BOX BASIC
A key box only to exchange keys. No optional service.
- Key Box assigned for a minimum of 24 hours (twenty-four) to exchange keys
- Send code and QR code to access the assigned Key Box
The code is the same for Host and Guest. For subscriptions, it will remain the same for their entire duration.
KEESY BOX PLUS
Key Box to exchange keys and the Keesy services that can be enabled
- Key Box assigned for a minimum of 24 hours (twenty-four) to exchange keys
- Host code and guest code and relevant QR code
- Online check-in for the guest
- Verify identity of guest through an operator (as required by art 109 of TULPS)
- Collection and sending of documents to the Host or to the police headquarters through the Lodgers Web platform
- Signing terms and conditions or the personalised contract* (against payment) with e-sign procedure
- The amount for the stay and cleaning service can only be collected by electronic cards
- The tourist tax can only be calculated and collected by electronic cards
- Alert system via email or sms to monitor Host and Guest actions
- Possibility to upload photos, videos and descriptions of the facility in the stay section to create an interactive guide for one’s guest.
- Explore section accessible with city guide
- Access of guest to left luggage area (the cost is payable by the Guest) if a Keesy Point is present in the town where the chosen facility is located

KEESY DIGITAL
No Key Box assigned
- Host code and guest code and relevant QR code
- Possibility to give to the Guest, at the end of the check-in procedure, the “smart” access code, if available
- Online check-in for the guest
- Verify identity of guest through an operator (as required by art 109 of TULPS)
- Collection and sending of documents to the Host or to the police headquarters through the Lodgers Web platform
- Signing terms and conditions or the personalised contract* (against payment) with e-sign procedure
- The amount for the stay and cleaning service can only be collected by electronic cards
- The tourist tax can only be calculated and collected by electronic cards
- Alert system via email or sms to monitor Host and Guest actions
- Possibility to upload photos, videos and descriptions of the facility in the stay section to create an interactive guide for one’s guest.
- Explore section accessible with city guide
- Access of guest to left luggage area (the cost is payable by the Guest) if a Keesy Point is present in the town where the chosen facility is located.

KEESY SMART
Refer to the KEESY SMART SECTION for the installation conditions and for the conditions of use.
The following services are included in the Keesy Smart service.
- Access to the facility with digital keys
- Online check-in for the guest
- Verify identity of guest through an operator (as required by art 109 of TULPS)
- Collection and sending of documents to the Host or to the police headquarters through the Lodgers Web platform
- Signing terms and conditions or the personalised contract* (against payment) with e-sign procedure
- The amount for the stay and cleaning service can only be collected by electronic cards
- The tourist tax can only be calculated and collected by electronic cards
- Alert system via email or sms to monitor Host and Guest actions
- Possibility to upload photos, videos and descriptions of the facility in the stay section to create an interactive guide for one’s guest.
- Explore section accessible with city guide
- Access of guest to left luggage area (the cost is payable by the Guest) if a Keesy Point is present in the town where the chosen facility is located.

*The personalised contract is a service Keesy offers to its Host Users, against payment of a fee, which is assessed each time depending on the personalisation requested.

KEESY APARTMENTS
Keesy offers the Host Users a service that includes a photo shoot, video and text layout to create a guide of the facility and make it available on the Keesy App for Guest Users. This can be requested and booked by telephone.
Timing, method of execution and costs may vary depending on the type of facility and its location.

6. KEESY CODES

The Host User and Guest User are responsible for storing and using the received codes.
In the Keesy Box Basic product the Host and the Guest code is the same. For subscriptions, it will remain the same for their entire duration.
Keesy is not required to provide assistance and is not responsible for the outcome of the procedure if the Host User provides his own code to a Guest User without proceeding with the relevant booking for a Keesy Box Plus product.

7. SINGLE USE OR SUBSCRIPTION

The Keesy Box Basic, Keesy Digital and Keesy Box Plus products are available for purchase individually or in subscription form.
The Keesy Smart product is only available in subscription form.
Promotions with more single uses may be envisaged at a special price (Keesy Bundle).
The purchase of a single use or of a bundle cannot be withdrawn or reimbursed.
The purchase of single use, bundles and subscriptions can be paid for by electronic payment cards or bank transfers.
For the Keesy Box Plus and Keesy Digital products only one apartment of one single facility can be associated to each subscription.
If the Host User opts for electronic card payment to purchase the subscription, he authorises Keesy to debit the monthly rates to purchase the subscription from the credit card communicated during the purchase phase.
The Host User acknowledges that this authorization to debit the electronic payment card implies the commitment to communicate the following events to Keesy without delay:
A) change in credit card expiry date;
B) change in credit card number;
C) termination of the contractual relationship which governs the possession and use of the credit card;
The subscription contract will be considered terminated if one of the following events occurs:
D) termination of the contractual relationship which governs the possession and use of the credit card;
E) failure to pay some rates;
The Host User will be duly informed by notification of the non-payment gone through and will receive 3 notifications requesting payment of amount owed.
Should the User fail to pay what is due, he will no longer be able to use the Key Box assigned with the subscription and the subscription contract will be considered terminated unilaterally and by law, according to art. 1456 of the civil code.
The Host User, in case of non-payment, and after having received 3 notifications to settle his position, will be required to make Keesy an immediate single payment of all the instalments due.
A communication will be sent by means of registered post with acknowledgement of receipt and the Host User will have 7 (seven) days to pay what is owed to Keesy. If he fails to do so, Keesy will take action within the competent judicial authorities to obtain the amount due.

8. OBLIGATORY DATA FOR BOOKING

To proceed with the booking of a Keesy Box Plus, Keesy Digital and Keesy Smart the following data is necessary:

  • name and surname of Guest User
  • e-mail address of Guest User (voluntary)
  • telephone number of Guest User (obligatory)
  • location of the apartment or facility booked with address
  • maximum number of guests for the booked lodging
  • arrival or departure date of Guest User
  • start and finish check-in/check-out time

To be able to use the services to send the documents to the police headquarters:
- The Lodgers Web credentials.
To be able to receive the payments collected by Keesy on your behalf:
- own bank details (Iban).

9. PAYMENT METHOD

All Host and Guest payments in Euro by electronic cards will be made through the Braintree or Paypal Payment system.
Using this electronic payment system the User unconditionally accepts the terms of use of Braintree and Paypal.
The same are published on the respective Internet sites:
https://www.braintreepayments.com/en-it
https://www.paypal.com/it/home
Keesy guarantees not to have access to the confidential information relating to the payment method used, even if the User chooses to save and store the payment data on the site and use the same payment method, also thereafter.
The transaction is protected by encryption which allows to make the payments on-line in a totally secure manner.
No one, due to the particular architecture of the service, will become aware of the credit card details of the Host User.
The transaction cost is established by the bank which has issued the Credit Card, like the percentage to be paid by the Card owner.
Keesy, on its site and on the App, accepts the cards which adhere to the following circuits: Visa, MasterCard, American Express.
At the moment of purchase the authorisation will be requested to collect the fixed price.
The Host User acknowledges and guarantees to have authorized Keesy to use the payment method chosen at the moment of confirming the purchase and that the credit card has sufficient funds to cover all the costs resulting from payment of the Price on the Site.
In case of refusal by the bank which has issued the credit card inserted by the Host User, the purchase and the booking will be cancelled and the Host User will receive the relevant notification.
The Host User will receive an e-mail containing an invoice issued by Keesy for the remuneration received. The aforementioned invoices indicate the exact and final amount, in Euro, charged to the Host User’s credit card.
The Host User irrevocably accepts that the amount corresponding to the Price indicated for the chosen service will be charged to his credit card.

10. KEESY FEE

The collection of payment for the stay and the cleaning service is subjected to a fee of 3.5% (excluding vat) by Keesy.

11. PAYMENTS COLLECTED

Each payment collected by Keesy for the stay and cleaning service and for the tourist tax (if not sent directly to the town council) is accredited to the Host by means of a bank transfer within the fifth day of the month following the collection

12. WITHHOLDING AGENT

Pursuant to art. 4 of Legislative Decree n° 50/2017 Keesy is obliged to act as withholding agent towards private subjects, and is required to withhold 21% (flat rate tax) of the amount collected by way of payment for the stay and the cleaning service.
The cleaning service is not considered a taxable base only in two cases:
a) when the guest pays the cleaning firm directly
b) when the cleaning cost is borne by the host (an invoice of the cleaning firm is present which proves the exact amount).
If the Host wants to exclude the cleaning service from the total sum withheld by Keesy as withholding agent, he is required to issue proper documentation, proving one of the cases mentioned at points a) and b)..

13. CHECK-IN ONLINE GUEST

The Guest User can make use of the check-in online service if the Host User has acquired a Keesy Box Plus, Keesy Digital and Keesy Smart product.
The service is available to the Guest User starting from 7 (seven) days before the date and time entered by the Host User for arrival to the facility.
The documents and data will be sent to the competent police headquarters within 24 hours from the date and time entered by the Host User as arrival of the Guest User to the facility and not at the moment of check-in online (unless the two dates coincide).

14. CHANGE GUEST NAME ENTERED INTO THE BOOKING

Keesy allows the Guest User at check-in online and directly at the Keesy Points and Keesy Street to change the name originally entered by the Host User in the booking.
The change is only possible if the Guest User loads an identity document corresponding to the name inserted as main guest.

 

15. E-SIGNGENIE FOR CONTRACT SIGNATURE

The chosen software which allows to sign the contract of the facility through the check-in online and in Keesy Street is Esigngenie. For any technical specification and use go to https://www.esigngenie.com/
A certificate is issued with every signature. It contains all the information on the Individual who placed the signature, IP address from which it departed as well as date and place.
It has a system, Audit Trail, which traces the IP and Tamper Proof to avoid any attempt to change the document (if there are alterations to the document the signature process is blocked).

16. VERIFY IDENTITY AND SEND DOCUMENTS TO POLICE HEADQUARTERS

Keesy makes available the following service to the Host Users:

  • collection and sending documents of the data of the main and secondary guests, if present, to the Host User;
  • collection and sending documents of data of main guests and secondary guests, if present, to the competent Police Headquarters through Lodgers Web.

In both cases, Keesy proceeds by first verifying the identity of the main guest, as requested by art. 109 of TULPS. This is done through an operator who makes a visual comparison between the identity document and selfie taken by the guest.
The documents and the photos are stored by Keesy for 24 hours from the check-in date for the sole purpose of verifying the identity and sending the data and documents to the Host or on Lodgers Web.
Keesy does not file any identity documents and images of Guest Users collected.
To be able to use the service of automatically sending the identity documents to the competent Police Headquarters the Host must enter the following data in the confidential area of the Site and of the App:
a) The credentials (username and password) to access the LODGERS WEB portal which he will have requested and obtained from the Police Headquarters which is competent for the territory.
b) The certificate password if it has been changed from the original.
From this moment on, the Host User authorizes Keesy s.r.l. to use the data indicated above and to send it to the competent Police Headquarters in his/her name.
To send the documents to the Police Headquarters Keesy avails of a partially automated system. The Lodgers Web portal, at this time, does not include the sending of documents in real time by API but allows to send them through a semi-automated system.
The Host User, owner or manager of the credentials of the Lodgers Web Portal and identified as subject manager of the accommodation facility, is the only subject criminally liable for the violation according to art. 109 TULPS (Royal Decree 773/1931).
If the Host User does not insert the data or it is inserted incorrectly Keesy cannot send the documents to the Police Headquarters. In case of wrong data Keesy will not be held responsible for the untruthfulness of the data entered or for the failure to send it.
Keesy will not be held responsible towards the Host User in case of delays, malfunctions and/or interruptions in providing the electrical energy service or Internet connection or for problems of the Lodgers Web portal caused by force majeure, tampering or work on the Service or on the equipment by the Host User or by third parties not authorized by Keesy as well as cases of total or partial interruption of the local access service or termination provided by the telecommunications or electrical energy provider or on the Lodgers Web portal if it is also due to reasons of force majeure or third party actions.

In such cases, if it has been possible to collect the data and the documents of the main guests and secondary guests, if present, Keesy will communicate the failure to send the documents to the Police Headquarters to the Host User and make available the data and documents collected to the Host User.
If the sending to the Police Headquarters has been enabled, once Keesy has sent the documents through the Lodgers Web platform, it will download the receipt confirming that they have been sent and make it available to the Host User for 12 months from the moment in which they were sent with a storage service in the dedicated section of the Site and of the App.
The Host User is required, according to art. 4 paragraph 5 of Min. Dec. 7.01.2013 to store the receipts confirming that the documents have been sent for 5 years. Keesy will not be responsible if the Host User fails to do so.
The Guest User must always authorize Keesy in advance to collect data, documents and photos.
If the Guest User does not give his authorisation to the use of date and image, Keesy cannot proceed with the collecting and sending of data to the Host or to the Police Headquarters.

17. CALCULATING, COLLECTING AND SENDING TOURIST TAX

The calculation and collection of tourist tax can be activated at check-in (in Keesy Box Plus, Keesy Digital and Keesy Smart products) and check-out (Keesy Box Plus)
Keesy has already entered the key Italian towns where there is a set tourist tax to be paid into its database.
If the Host User enters an apartment located in a town that is not present in the database, Keesy will update it entering the specifications of the tourist tax for that specific town.
The automatic sending of the tourist tax to the City Council can occur only if it has been concluded with the same relevant agreement.
By accepting these GCS, the Host User grants Keesy the mandate to collect the tourist tax on its behalf.
The payment of the tourist tax can be made by the Guest User only through electronic cards.
The calculation of the tourist tax is done by Keesy according to the regulation in force in the Municipality in which the accommodation facility is situated.
In case of reduction and exemptions from the tourist tax, the Host User is required to ask the Guest user, as well as to store, due documentation proving the exemption/reduction declared for the tourist tax.

18. ALERT SYSTEM

Keesy allows to constantly monitor the activities carried out by the Host User and Guest User through a system of alerts by means of push notifications on the App, by e-mail or text message. Il sistema di alert è compreso nei prodotti Keesy Box Plus, Keesy Digital e Keesy Smart.
Several alerts are obligatory, others are voluntary. The Host User in the dedicated section of his profile on the site or on the App, can personalize several of the alerts and select the voluntary ones which he wants to use.
By accepting these General Conditions of Sale the Host User authorises Keesy to make the aforementioned alerts.

19. SIMULTANEOUS CHAT

Keesy makes available a simultaneous messaging system, hereinafter also called “chat”, to the Host User and Guest User.
By accepting these General Sales Conditions the Host User acknowledges from now that he will be the only person responsible with the Guest User for the content of the conversations present in the chat and releases Keesy from any responsibility. Keesy cannot intervene or access the chat underway between Host User and Guest User.
Keesy can suspend use of the chat to the Host User or Guest User if an incorrect use of the same is reported to Keesy.
By accepting the GCS the Host User authorises Keesy to store content of the chat exchanged with the Guest User in its computerised registers.

20. WITHDRAWAL

The Host User cannot exercise the right of withdrawal for the services which have been performed in full or the performance of which has already begun.
It is not possible to withdraw from or be refunded for the single-use Keesy Box Basic, Keesy Box Plus and Keesy Digital products.
For the withdrawal policies relating to Keesy Smart refer to the specific section.
If the Host User purchases a subscription, he may exercise his right to withdraw without any debit, except for the transaction costs, within 14 days from purchase. He must communicate his will by email or by registered letter with return receipt, if no use has been made of the same.
If 14 days have passed from the purchase date of the chosen subscription or, in any case, of a single use, he can exercise the right to withdraw at any time by communicating his will by email or by registered letter with return receipt. However, he must pay Keesy a fine of 50% of the total cost of the subscription.

21. KEESY POINT /KEESY STREET MALFUNCTION

If, for technical problems, the Guest User is unable to collect the keys at the Keesy Point/Keesy Street and cannot overnight in the facility booked with Keesy, he will be required to book, at his own expense, a night in a facility which is at least equivalent to that originally chosen.
Keesy is not required to refund the total cost of the stay to the Guest or to the Host.

22. TRADEMARK

Keesy is a registered trademark. Keesy s.r.l. is the exclusive owner of the intellectual property rights of the www.keesy.com site and of the Keesy App including all the texts, comments, articles, illustrations, videos and images, both visual and audio, reproduced on the site and on the App, and the relevant data banks of which it is producer.
All the intellectual creations are protected by the applicable laws on copyrights, brands, patents, on data banks, image and any other intellectual property rights and laws.
Every creation, brand, right or exclusive privilege is the sole property of Keesy s.r.l. company.
Nevertheless, Host Users are given the possibility to reproduce and view the contents of the site and of the App but only and exclusively for personal use related to the connection to the site and to the App and to the use of the services offered.
It is severely forbidden for Host Users to modify, copy, translate, disclose, publish, transmit, distribute, produce, expose or assign the rights of any content on the site or through the same, this may result in severe civil and criminal penalties.
For this reason, in conformity with the provisions of the Intellectual Property Code, the User is only authorized to a personal use, subject to other more restrictive rules of the aforementioned Code.
Any other unauthorized use by Keesy constitutes a violation and is punishable according to the law.
Therefore, the entry of a hyperlink of the site or App, using the technique known as framing or deep-linking is severely prohibited.
Any form of total or partial copying, extraction and reproduction of the data banks produced and managed by Keesy on the site or on the App, is severely prohibited without prior written consent.

23. LIMITATION OF LIABILITY

Any unforeseeable event of a preventative nature and not attributable to Keesy constitutes force majeure which implies the suspension of the obligations operating between the parties, including but not limited to: technical fault, a short circuit or stoppage of energy provision (e.g. electricity), a fault in the electronic communication network and/or networks which must be replaced.
Keesy cannot be considered responsible or considered to have failed to fulfil its obligations deriving from the present GCS for failure to fulfil obligations connected to force majeure, on condition that the other party is informed as soon as possible, that what is possible is done to reduce to a minimum the damage and that, once the preventative cause has ceased, fulfils its obligations within the shortest possible time.
Keesy will not be held liable in the case of delays, malfunctions and/or interruptions in the provision of the services caused by (a) force majeure, (b) tampering or work on the equipment, carried out by the Host User or by unauthorized third parties (d) wrong use of the services by Host Users and Guests Users, (e) malfunction of the terminals used by Host and Guest Users, (f) total or partial interruption of the local access service or termination provided by the telecommunications operator, if it is also due to force majeure or third party actions, (g) total or partial interruptions in the provision of electricity, (f) interruptions in access to the Lodgers Web portal.

24 UPDATING GCS

Keesy can modify and/or update the terms contained in the GCS based on economic or legal needs; the Users, during the period of use of the services, will be informed of such modifications and have eight (8) days of time to communicate their refusal by letter or by e-mail, requesting cancellation of their account.
Otherwise, the modifications proposed will be considered tacitly accepted by the Host User and the contract will continue until its natural expiry date.
Keesy reserves the right to make non-substantial modifications, at any time, to the characteristics of the services.

25. CONTROVERSY

Any controversy arising from the interpretation and/or performance of this document will be referred to the exclusive competence of the court of Florence. Italian law will be applicable.

26. KEESY SMART - TERMS AND CONDITIONS OF SALE AND USE

These general conditions govern the supply contract for the Keesy Smart product between the Customer and Keesy S.r.l (hereinafter also "Keesy") with registered office in Viale S. Lavagnini 20 - 50129 Florence- Tax Code and VAT No. 01449180296 in the person of its special power of attorney Patrizio Donnini Gallo, notary public deed No. 1843 of the notary public Dr. Federico Favilli.

By accepting these terms and conditions of sale and use, the Customer buys the Keesy Smart product and commits to the annual amount of the chosen subscription.

For the regulation of Keesy services related to Self check-in, please refer to the General Terms and Conditions of Sale on the website www.keesy.com.

 

26.1 SERVICES INCLUDED IN THE OFFER

Inspection/technical feasibility check

accesses

Installation

Unlimited keys for Smart Access devices

Unlimited reservation of Keesy services for the apartment equipped with Smart Access Sclak device

For smart access devices, Keesy uses Sclak as a third-party provider.

The operating distance for the opening command is about 15 m from the access on which the device is installed.

26.2 TECHNICAL FEASIBILITY CHECK

Prior to activation of the Keesy Smart subscription, a technical inspection will be carried out by personnel sent by Keesy to the location specified by the Customer to examine the facility where the Smart Access device will be installed. This inspection is already an integral part of the supply contract and commits the Customer for the annual amount of the chosen subscription. Once the inspection is successful, the Customer will be notified of the date of installation.

If the Customer wishes to withdraw from the contract after the technical inspection without there being a technical problem or additional costs to those initially foreseen he will have to pay Keesy € 100,00 for the work done by the technician.

No cost will be charged and this contract will be considered terminated if during the inspection technical problems that prevent the installation will emerge.

If during the inspection technical needs emerge such as to increase the costs compared to those initially established, the Customer will have 5 working days to accept the new supply contract. In case of no answer or refusal this contract will be considered terminated. The additional cost can be divided into 12 instalments and added to the cost of the subscription.

If after the inspection there is a need for different devices and installations with additional costs, this contract must be updated and signed again.

26.3 INSTALLATION

The installation will be done by appointment. Standard installation requests will be processed in a minimum of 15 working days if the devices are already in the warehouse and ready for delivery. In case of non-standard installations, the timing may be subject to non-foreseeable variations.

26.4 COSTS AND PAYMENT METHOD FOR KEESY SMART SUBSCRIPTION

The monthly amount for no. 1 smart subscription (including 3 accesses) can vary depending on the device installed and can be of three types:

€ 29,90 excluding VAT

€ 39,90 excluding VAT

€ 49,90 excluding VAT

These amounts may vary after the technical inspection depending on the interventions necessary for the installation and the type of device installed.

There are two types of payment methods: lump-sum payment by bank transfer to the following Iban coordinates IT92A0842502802000031159551 or with monthly installments including Rid /Sepa charge

For amounts with monthly instalments, the obligation to pay in full remains unaffected. The first instalment will be charged within 5 working days after installation.

26.5 DURATION

During the 12 months it is possible to suspend the subscription only once and for a maximum of 6 consecutive months. When the subscription expires, it will be automatically renewed at the monthly price of € 19.90 excluding VAT, unless cancelled within 15 days by registered letter with return receipt or Certified Mail to keesy@pec.com.

At the end of the contractual bond the device will be the exclusive property of the Client. In case of non-renewal at the end of the 12 (twelve) months, the Client may use the digital keys and devices at a cost of € 9.90 per month excluding VAT (every 3 accesses).

26.6 EXPRESS TERMINATION CLAUSE

Keesy may terminate the contract, in case of non-payment of one of the instalments charged on credit card or with Rid/Sepa.

Keesy will try to charge the amount twice but if the Client does not correct his position within 30 (thirty) days the contract will be terminated pursuant to art. 1456 of the Italian Civil Code and the Client will be charged:

€ 360,00 for installation and inspection costs

- cost of uninstalling and withdrawing installed devices

- unpaid installments

26.7 TERMINATION

Keesy Smart has a contractual obligation for 12 (twelve) months and is automatically renewed upon expiration unless notice of cancellation is sent by registered mail within 15 days to keesy@pec.com.

The Customer may however withdraw from the contract by written notice to be sent by registered letter with return receipt or Certified Mail to keesy@pec.com

In case of early termination and compared to the contractual obligation of 12 (twelve) months, the sum of € 360.00 including installation and technical verification costs will be charged. In case of early termination, the Customer is obliged to return the installed device(s). The cost for the removal of the device(s) is the exclusive responsibility of the Customer.

The sum of € 100.00 will be charged in case of termination after the technical verification referred to in point 2) without the reasons given in the same point.

The devices can be moved from the structure where they were initially installed to another without causing termination of the contract and without paying the amount of € 360.00. The removal and the new installation are at the exclusive expense of the customer as well as any inspection costs or additional costs for changes related to the new installation. The contractual obligation will start from the date of the new installation.

26.8 TECHNICAL ASSISTANCE

Non sono coperti da garanzia e saranno addebitati i costi per tutti gli interventi dovuto ad errato uso dei dispositivi.

The standard warranty is 12 (twelve) months for manufacturing and installation defects on installed devices. The technical intervention is guaranteed in maximum 3 working days.

The warranty does not cover the costs for all interventions due to incorrect use of the devices.

26.9 APPLICABLE LAW AND COURT OF JURISDICTION

The Italian law is the law applicable to this contract, and to the obligations arising from it. Any dispute arising from this contract shall be submitted to the exclusive jurisdiction of the Court of Florence.