GENERAL TERMS AND CONDITIONS (GTC)
of the
privis Italia gestione immobiliare of N. Eisendle
with registered office in 39040 Ratschings, St. Johannes 22
Operative activity in 37010 Costermano sul Garda, Piazza Giov. Batt. Ferrario 2
Tax number: SNDNTL86A48M067Z – VAT number: 03112370212
hereinafter also referred to as “privis”
Status: January 2023
§1 GENERAL
1. All offers and services of privis Italia gestione immobiliare of N. Eisendle (hereinafter referred to as “privis”) are provided exclusively on the basis of these GTC (hereinafter referred to as “GTC”)
2. These GTC form an integral part of all contracts that privis concludes with its customers for the services to be provided by it, unless expressly agreed otherwise in writing.
3. Any terms and conditions of the customer or third parties, insofar as they deviate from these GTC, shall not apply. Such application is also excluded if privis does not separately object to their validity in individual cases. Even if privis refers to a letter that contains or refers to the terms and conditions of the customer or a third party, this shall not be deemed as consent to the validity of said terms and conditions. Likewise, no local customs shall apply.
4. privis reserves the right to amend these GTC at any time. The amendments shall take effect after publication on the website at www.privis.it and shall automatically apply to all contracts concluded at a later date.
5. The changes shall also be deemed tacitly accepted with regard to existing contractual relationships if the customer does not object to the changes within the period of 4 (four) weeks from publication. In this case, silence shall be deemed to be consent and the amended GTC shall become the subject of the contract(s) concerned at the time of publication.
§2 SUBJECT MATTER OF THE CONTRACT
1. privis as a provider of facility services provides the following services:
– Administrative activities
– Room and building maintenance
– Garden maintenance
These services include regular room maintenance work for interiors, outdoor areas, parking lots, garages and outdoor facilities. Special cleaning services such as wet garage cleaning and window and glass cleaning are only provided once per order.
2. The customer must state which of the services listed in paragraph 1 he is using before concluding the contract.
§3 OFFER | CONCLUSION OF CONTRACT
1. privis offers are non-binding, unless they are expressly designated as binding.
2. A contract with privis is concluded by sending the signed order or order offer to privis by post or e-mail.
§4 TERMINATION, CONTRACT DURATION, AND CONTRACT TERMINATION
1. For the services listed in §2 of these GTC, the following contract duration and termination modality shall be deemed agreed:
House cleaning and other recurring services: Contracts for house cleaning and other recurring services are concluded for an indefinite period of time and may be terminated by either contracting party by giving one month’s notice to the end of each month.
Garden maintenance: Contracts for garden maintenance services are concluded for an indefinite period. Services in connection with garden maintenance are provided by privis in the period from April 15 to October 30 of each year. If services are provided outside this period, they shall be remunerated separately. Contracts for garden maintenance can be terminated by both contracting parties with one month’s notice by March 1st of each year for the following period.
Maintenance cleaning: Contracts for maintenance cleaning are concluded for an indefinite period and can be terminated by either contracting party at the end of each month subject to three months’ notice.
Special cleaning: Special cleaning services are provided by privis on a one-off basis. Cancellation after acceptance of the offer by the client is not possible. Offers from the contractor are valid for two months.
2. For all other services provided by privis not mentioned under point 1, the contract duration and notice period stated in the respective order and/or in the respective order confirmation shall apply.
§5 SCOPE OF SERVICES
1. The scope of services to be provided by privis is listed in detail and conclusively in the privis offer based on the customer’s specifications. After acceptance of the offer by the client, changes to the service content require written confirmation by privis. The prices quoted in the order confirmation or in the offer of privis refer only to the services expressly listed therein, but not to any additional services, which are charged separately.
2. The client is obliged to support privis to the best of its knowledge and belief in the provision of the contractual services in the exercise of its duty to provide information, information and warning, so that a smooth and efficient provision of services by privis is made possible. The client shall provide privis with timely and complete access to all information and documents required for the provision of services, even if this information and documents only become known during the execution of the order. The client shall reimburse privis for any additional expenses incurred if there are delays due to incorrect, incomplete or subsequently changed information provided by the client or if privis has to repeat its services as a result.
3. privis is entitled, at its own discretion, to perform the service itself, to use expert third parties as vicarious agents in whole or in part for the provision of contractual services and/or to substitute such services (“third-party service”).
4. privis shall carefully select this third party and ensure that it has the necessary professional qualifications.
§6 PAYMENT
1. All prices are net plus statutory VAT and are due upon invoicing.
2. In the event of late payment by the customer to privis, interest on arrears shall be due even without a reminder, which shall be charged in accordance with GvD 09.10.2002, No. 231. In this case, the client shall also reimburse privis for all expenses associated with the collection (legal fees, collection fees, processing and postal charges, etc.).
3. privis is entitled to increase the price if the information provided by the client deviates from the actual circumstances and therefore requires additional work by privis.
4. The agreed prices are value-assured. The index “Consumer prices for workers and salaried families” published by the national statistics institute (ISTAT) shall be agreed as the measure of value. The starting point for value protection is the index figure published in January of the year in which the contract is concluded. At the beginning of each year, the price adjustment shall be calculated according to the difference between the most recently published monthly index of the previous year and the initial index figure.
5. The customer is obliged to provide privis with a water and electricity withdrawal facility at the place where the service is provided. The associated costs shall be borne by the customer.
6. Unless otherwise agreed in writing, privis does not owe the client any specific success and is entitled to remuneration for its services regardless of success.
7. privis may demand immediate payment of all services and partial services rendered under other contracts concluded with the client in the event of default of payment by the client.
8. The client is not entitled to set off payments owed to privis against alleged or possibly existing counterclaims.
§7 DELAY IN PERFORMANCE/DELIVERY
1. privis is not liable for delays in performance or delivery due to force majeure. Cases of force majeure are in particular natural events, war, riots, pandemics, strikes, terrorism, unforeseen official requirements and other circumstances that have led to a delay in performance or delivery through no fault of privis.
2. In cases of force majeure, privis is entitled to suspend its performance for the duration of the force majeure or to withdraw from the contract in whole or in part.
3. Unless expressly agreed as binding, stated delivery or performance deadlines are only approximate and non-binding. Binding deadline agreements must be recorded in writing or confirmed in writing by privis.
§8 COMPETITION CLAUSE
The client undertakes not to entice away the personnel employed by privis during an existing contractual relationship with privis and up to 9 (nine) months after termination of the contract. If the client violates this provision, he is obliged to pay a contractual penalty of € 5,000 per poached employee. privis reserves the right to assert further claims for damages.
§9 WARRANTY AND COMPENSATION
1. The customer is obliged to report the existence of defects in writing and with reasons within 48 (forty-eight) hours from the provision of the service. The burden of proof lies exclusively with the customer.
2. privis shall charge the client separately according to the price list valid at the time of performance if privis remedies defects outside of the warranty or provides other services or services on a time and material basis.
3. privis shall only be liable for damages in the event of intent or gross negligence. Liability shall expire 6 (six) months after the client becomes aware of the damage and the damaging party.
4. privis is not liable for damages that occur despite proper fulfillment of the contract. The liability of privis for indirect damages, loss of profit, failure to make savings, consequential and financial losses, damages from claims of third parties and for the loss of keys and objects handed over to privis as well as for other damages is excluded.
§ 10. TERMINATION OF CONTRACT
1. privis shall be entitled to withhold and suspend all services with immediate effect in the event of good cause, excluding any claim for damages on the part of the client, as long as the good cause exists and the risk of recurrence has not been eliminated. The customer shall be liable for all costs incurred by privis as a result of such events and related circumstances. Good cause within the meaning of the preceding paragraph shall include, but not be limited to
Breaches of the respective obligations under § 5, para. 2, § 6, para. 2, § 6, para. 8 and § 8 of these GTC;
Default of payment by the customer; the opening of insolvency proceedings in accordance with the Italian Bankruptcy Code or in accordance with Art. 1 of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20.05.2015, the refusal to open insolvency proceedings or composition proceedings due to lack of assets or entry in the electronic register of protests.
2. privis is entitled to withdraw from the contract with immediate effect in the event of impossibility of performance pursuant to Art. 1463 of the Civil Code and in the event of excessive burden within the meaning of Art. 1467 of the Civil Code, to the exclusion of any claim for damages on the part of the customer.
§11 DATA PROTECTION
1. privis shall treat personal data concerning the respective customer and third parties confidentially. The processing of data shall be based on the principles of correctness, lawfulness and transparency.
2. With full reference to the provisions on the protection of personal data contained in the Legislative Decree of 30.06.2003, No. 196 igF and in Regulation (EU) No. 2016/679 (“GDPR”), the customer expressly consents to the processing of his own personal data by accepting these GTC. By accepting these GTC, the client also declares to have received and read the information on data protection provided for by the aforementioned legal provisions, to have taken note of them and to accept them without reservation.
3. The customer gives privis express permission to inform him about innovations and adjustments to products and services as well as news in general (also by means of newsletters or similar).
4. This consent can be revoked at any time in writing by e-mail or registered letter with return receipt.
§12 OTHER PROVISIONS
1. These GTC shall be governed exclusively by Italian law, which shall apply to all contractual relationships entered into by privis.
2. If no mandatory place of jurisdiction is prescribed by law, the place of jurisdiction of Bolzano (Italy) shall be the agreed exclusive place of jurisdiction. privis shall, however, be free to assert its claims at the customer’s registered office or place of residence.
3. Verbal collateral agreements to these GTC do not exist. Supplements, ancillary agreements or amendments are only effective if they are made in writing. This shall also apply to any waiver of the written form requirement, whereby e-mail shall suffice as the written form.
4. The legal invalidity of individual parts and provisions of the contract and/or these GTC shall not affect the effectiveness or validity of the remaining content.
5. The contracting parties further agree that any gaps in the provisions shall be closed in accordance with the meaning and presumed intention of the contracting parties.