Terms and Conditions

These General Terms and Conditions apply to all offers, listings, reservation agreements and services provided by inCASA Servizi Immobiliari S.r.l. (dati societari in arrivo) to any person searching for rental housing in Milano, Roma, Bologna, Firenze or Torino through our platform, hereinafter referred to as the 'Client'. By submitting a rental application or a reservation through the platform, the Client accepts these conditions.

2.1.inCASA Servizi Immobiliari S.r.l. (dati societari in arrivo): a real-estate agency (agenzia immobiliare) with P.IVA/C.F. ———, REA ———, registered office at ———, Milano, Italia, operating through the web address https://www.incasaimmobiliare.it, hereinafter referred to as the 'Agency'.

2.2.Client: any natural or legal person who uses the Agency's platform to search for, apply for or reserve rental housing offered through the Agency's portfolio.

2.3.Intermediation (intermediazione immobiliare) means: the Agency's best-efforts activity of bringing the Client into contact with landlords (locatori), managing viewings, applications and reservations, in accordance with the rules on mediation of the Codice Civile (artt. 1754 e ss.) and Legge 3 febbraio 1989, n. 39 on the real-estate mediation profession.

2.4.Long-term tenancy (locazione ad uso abitativo): a tenancy governed by Legge 9 dicembre 1998, n. 431 (contratti di locazione abitativa), typically as a canone libero agreement with a 4+4 year term (four years, automatically renewed for a further four) or a canone concordato agreement with a 3+2 year term (three years, renewed for a further two), agreed on the basis of local territorial accords.

2.5.Transitional or student tenancy (locazione transitoria / per studenti): a tenancy for a limited, documented need — transitorio from 1 to 18 months (art. 5, L. 431/1998), or per studenti universitari from 6 to 36 months — which does not follow the 4+4 / 3+2 duration described in Article 7.

2.6.Provisions deviating from these conditions form part of an agreement only if expressly agreed in writing.

2.7."In writing" includes email and communications sent through the Agency's platform.

2.8.The Agency may update these conditions when regulations change; the version in force at the time of the Client's application applies.

2.9.If any provision is held invalid, the remaining provisions remain in full force.

3.1.Oral statements bind the Agency only after written confirmation, or once execution has begun with the Client's consent.

3.2.Submitting a rental application does not guarantee a tenancy; every application is subject to approval by the landlord.

3.3.A reservation agreement, where used, is a separate written document; its refund conditions prevail over these general conditions for the reserved property.

4.1.The Client must provide the requested information and documents (identity document or passport, codice fiscale, proof of income or pension, recent bank statement, and the documents applicable to the Client's situation: employed, self-employed / libero professionista, student or retired) truthfully, completely and on time.

4.2.The Client shall cooperate in good faith with the application, viewing and contract process and shall not bypass the Agency to contact landlords of properties presented by the Agency.

4.3.Providing false or misleading documents entitles the Agency to reject or cancel the application and to inform the landlord concerned.

4.4.The Client is responsible for attending arranged viewings or cancelling them in reasonable time.

4.5.If the Client fails to fulfil these obligations, the Agency may suspend or terminate its services for that application.

The Client's personal data are processed exclusively to manage applications, reservations and tenancies, in accordance with Regulation (EU) 2016/679 (GDPR) and the Codice Privacy (D.Lgs. 196/2003, as amended by D.Lgs. 101/2018). Data are shared only with the landlord of the property applied for and with service providers strictly necessary to perform the service (payment and document processing). The Client may exercise the rights of access, rectification, erasure, restriction, portability and objection by writing to info@incasaimmobiliare.it. Documents uploaded to the Client's personal wallet remain under the Client's control and are not deleted by application cleanup processes.

6.1.The Agency performs its services in an expert, careful manner and in accordance with the professional standards applicable to real-estate agencies under Legge 39/1989.

6.2.The Agency cannot begin processing an application until it has received all required information and documents.

6.3.Approval decisions on applications are made by the landlord; the Agency communicates the outcome to the Client, normally within one to two working days.

7.1.Long-term tenancies (locazione ad uso abitativo) are governed by Legge 431/1998. Standard "canone libero" agreements have a duration of 4 years, automatically renewed for a further 4 (4+4), unless the landlord validly withholds renewal on the limited grounds set out in art. 3, L. 431/1998. "Canone concordato" agreements, based on local territorial accords and benefiting from reduced taxation, have a duration of 3 years, renewed for a further 2 (3+2).

7.2.Transitional tenancies (transitorio) last from 1 to 18 months for a documented temporary need; student tenancies (per studenti universitari) last from 6 to 36 months. Neither carries the 4+4 / 3+2 renewal described in Article 7.1.

7.3.The security deposit (deposito cauzionale) may not exceed 3 months' rent (art. 11, L. 392/1978, still applicable to residential leases). The deposit accrues legal interest (interessi legali), which must be credited to the tenant at the end of each year of the tenancy, and is returned at the end of the tenancy subject to the condition of the property.

7.4.Every residential tenancy agreement must be registered with the Agenzia delle Entrate within 30 days of signing. Registration tax (imposta di registro) is 2% of the annual rent, with a minimum of €67, unless the landlord opts for the cedolare secca flat-tax regime, which exempts the agreement from registration tax and stamp duty. The Agency identifies clearly in each listing and contract whether a tenancy is offered as canone libero, canone concordato, transitorio or per studenti, and supports the Client through the registration process.

8.1.The service relationship for an application ends through:

• conclusion of a tenancy agreement for the property applied for
• rejection of the application by the landlord
• cancellation by the Client
• cancellation by the Agency

8.2.The Client may withdraw an application at any time in writing, at no cost.

8.3.Where a reservation payment has been made, the refund conditions of the reservation agreement apply, including the full refund before or after the viewing where so agreed.

8.4.Termination of the service gives neither party a right to compensation, unless the termination results from the other party's breach.

9.1.Agency fees. In line with standard Italian real-estate practice, the Agency's provvigione (brokerage fee) for a concluded tenancy is typically equivalent to one month's rent plus IVA at 22%, payable by the Client upon conclusion of the tenancy agreement. Established market practice in Italy generally provides that this provvigione is due from both landlord and tenant; the exact amount and terms are stated in the listing and confirmed before the Client incurs any obligation.

9.2.Amounts the Client does pay are limited to those belonging to the tenancy itself and to the Agency's provvigione: the rent (including any advance rent agreed in the reservation), the deposito cauzionale and, where applicable, the Agency's fee described in Article 9.1. These amounts are stated in the invoice issued by the Agency on behalf of the process and are held safely until the tenancy is confirmed, under the conditions of the reservation agreement.

9.3.Residential tenancies are generally exempt from VAT under art. 10, comma 1, n. 8, DPR 633/1972, save for exceptions provided by law; the Agency's own intermediation fee is subject to IVA at the ordinary rate of 22%. Where the landlord elects the cedolare secca regime, rental income is taxed at a flat rate of 21% (10% for canone concordato agreements), replacing IRPEF, registration tax and stamp duty on the rent.

9.4.If any amount properly owed under a tenancy or reservation remains unpaid after its due date, statutory default interest (interessi legali di mora) accrues in accordance with Italian law from the date of formal demand (messa in mora). No fixed extrajudicial collection surcharge applies; only costs recognised by Italian law and, where applicable, by the courts may be claimed.

9.5.Before receiving the keys, the tenant must have signed the tenancy agreement and paid the first rent, the deposito cauzionale and, where agreed, the Agency's provvigione.

10.1.The Agency acts as intermediary and, unless expressly stated otherwise in the contract, is not a party to the tenancy agreement between landlord and tenant, and is not liable for the landlord's performance of that agreement.

10.2.The Agency performs its duties with the care expected of a professional real-estate agency, but does not accept liability for indirect damage, loss of profit or consequential loss resulting from acts or omissions of the Agency, its personnel or engaged third parties, except in cases of intent (dolo) or gross negligence (colpa grave), for which liability cannot be excluded under Italian law.

10.3.The Agency is not liable for damage caused by acts or omissions of the landlord or other third parties to the tenancy.

10.4.Where the Agency is liable, its liability is limited to the amounts covered by its professional liability insurance or, failing that, to direct damage proven by the Client.

10.5.The Client must inspect the property at the viewing; visible defects accepted at the signing of the tenancy are a matter between tenant and landlord. Nothing in this article limits the rights that consumers hold under the mandatory Italian Codice del Consumo (D.Lgs. 206/2005).

Neither party is liable for failure to perform its obligations when performance is prevented by events that could not have been foreseen or, if foreseeable, were unavoidable (forza maggiore, art. 1218 e 1256 Codice Civile), such as natural disasters, fires, general failures of telecommunications networks, strikes or acts of public authority. The affected party shall inform the other without undue delay and obligations are suspended while the event lasts. Payment obligations already accrued are not affected.

The Client may not assign or transfer the rights and obligations arising from the service relationship with the Agency without the Agency's prior written consent. The Agency may assign the agreement to a company of its group or to a successor of its business, provided the Client's rights under these conditions are not reduced; the Client will be informed of any such assignment. Any subrogation or assignment of the tenancy agreement itself is governed by Legge 431/1998 and by the tenancy contract, not by these conditions.

The Agency may amend these conditions for legal, regulatory, technical or organisational reasons. The version in force is always published at https://www.incasaimmobiliare.it. Amendments do not apply retroactively: each application or reservation is governed by the version in force at the time it was submitted, as stated in Article 2.8. Where an amendment materially affects an ongoing service, the Client will be informed and may withdraw the application at no cost under Article 8.2.

These conditions are drawn up in Italian and English. The English version is provided for the Client's convenience and information. In the event of any discrepancy or dispute over interpretation, the Italian version (versione italiana) prevails.

15.1.All agreements between the Agency and the Client, and these conditions, are exclusively governed by Italian law, in particular the Codice Civile, Legge 431/1998, Legge 39/1989 and the Codice del Consumo (D.Lgs. 206/2005).

15.2.Disputes are submitted to the Italian courts. For consumer Clients, exclusive territorial jurisdiction lies with the court of the place of residence or elective domicile of the consumer (foro del consumatore, art. 33, comma 2, lett. u, Codice del Consumo). For Clients acting outside a consumer capacity, jurisdiction lies with the court of Milano, where the Agency has its registered office.

15.3.Contact for questions or complaints: inCASA Servizi Immobiliari S.r.l. (dati societari in arrivo), ———, Milano, +39 000 000 0000, info@incasaimmobiliare.it.