Regulations for the use of the spaces of the Vittoriano Institute and Palazzo Venezia

(Art. 106 et seq of the Italian Law Code on Cultural and Natural Heritage, approved with Legislative Decree n. 42/2004, as amended)

1.1 This policy governs authorisations and approvals for the hire and use of the spaces of the Vittoriano and Palazzo Venezia Institute, including the Archaeology and Art History library. 

1.2 Authorisations for commercial hire are issued for the uses and purposes indicated at the time of request pursuant to the methods and requirements indicated in the document itself. 

2.1 All commercial hire requests are to be submitted to the General Manager of the Vittoriano and Palazzo Venezia Institute via the special form found on the website. 

2.2 The request must be sent 75 (seventy-five) days before the first day the contracting party (the Lessee) wishes to use the space(s). 

2.3 The application form must include full and complete details as to the activities for which the spaces will be used and must also indicate the end user(s).
 
All data that appear on the form will be used for the institutional purposes of the Institute and processed in compliance with the General Data Protection Regulation (the GDPR), approved with Regulation (EU) 2016/679, according to the principles of proper use, lawfulness, transparency, the protection of confidentiality and fundamental rights, to the extent necessary for the issuance of the license for the use of the spaces. 

2.4 Press agents, journalists, and/or anyone else who wishes to take pictures or video or conduct professional services within the Institute's spaces will be admitted only upon prior authorisation from the Administration. They therefore must be listed upon submission of the hire request. 

3.1 The fee to be paid will be determined by the General Manager of the Institute pursuant to art. 108 of Leg. Decree n. 42/2004 as amended.

3.2 The fee must be paid in advance via wire transfer to the current account/IBAN indicated in the authorisation form. 

3.3 The requesting party must also pay the expenses incurred for the third-party use of ministerial staff, as indicated in the agreement that will be attached to the commercial hire agreement.

3.4 Payment of the expenses incurred for third-party use of ministerial staff must be made to the special current account/IBAN indicated in the dedicated clause attached to the commercial hire agreement.

3.5. Proof of payment of the fee and any amounts due for the third-party use of ministerial staff must be provided along with the signed rental agreement no later than 35 (thirty-five) days before the requested date of use.

3.6 Before signing the commercial hire agreement, the lessee may entrust the payment of the fees and costs referred to in this article to a third party, without prejudice to their joint and several liability in the event of non-payment.  

3.7 In this case, the Lessor must receive the acceptance of the obligation to pay from the party indicated by the Lessee, whose contact information shall be included in the hire agreement.  

3.8 The payment of all amounts listed in the hire agreement and in its supplementary clauses/appendices must be received net of any bank charges or fees for the Institute.  

3.9 All fees and costs that are not quantifiable upon issuing of the hire agreement, even if due to changes made to the original programme that have been authorised by the Institute, shall be paid by the Lessee. 

3.10 The Lessee shall also be responsible for the payment of:
a)    technical assistance by the company in charge of maintaining the Institute's facilities, if using the electrical system;
b)    technical assistance by the company in charge of maintaining the Institute's lifts, if using the lifts;
c)    cleaning and management of the toilets by the company in charge of cleaning and sanitising the Institute during the entire period of use granted.

3.11 The Lessor will inform the Lessee of the contact information of the companies in charge of the activities listed in point 3.10 so that the two parties can agree upon the ways in which said services will be provided and the corresponding costs.  

The Lessee must: 

a) respect the artistic and historic value of the spaces being used;

b) assume full financial responsibility and liability for any damages to people or property in relation to the spaces used, even if caused by those participating in the activities for which the commercial hire agreement was issued; 

c) comply with applicable regulations for the protection of the public in relation to fire safety and workplace safety, as referred to in Leg. Decree n. 81/2008 - Single Regulation on Workplace Health and Safety, as modified; 

d) use tools and equipment that comply with applicable laws and regulations;

e) meticulously adhere to the decoration and set-up rules approved by the Lessor, which is attached to the hire agreement, and submit all changes to the Lessor for approval. Under no circumstances may the installed structures/decoration come in contact with the surfaces of the building; this also applies to the installation of brackets, nails, wooden pins and other means of anchoring and fixing that may interfere directly with the surface itself. The same rule applies to the lighting systems and the electrical supply lines for special technical equipment used by the organisation;

f) provide the Lessor with a list of its staff and the supplying companies who will have access to the spaces in various capacities, to be submitted prior to the date of use of the spaces; 

g) return the spaces used undamaged, whole and in good condition, clean and free of people and property and, in any case, in the original state in which they were provided. To that end, at the end of the agreement term, the Lessor shall inspect the state of the spaces and, if any damage is found, it shall notify the Lessee within 15 days.

5.1 All financial obligations and civil liability relating to the use of the spaces and the activities held in them is to be borne by the Lessee.

5.2 The Lessee hereby agrees not to hold the Lessor responsible for all civil and penal liabilities for damages of any kind brought about by any action or omission, whether wilful or negligent, caused to the Lessee, the Lessee's staff, third parties, property or the places which were hired/used.

5.3 For that reason, the Lessee must have a suitable, valid third-party liability insurance policy and employer's liability insurance (i.e., which covers workers and contractors) for damages (to people and property) with a liability limit that is in line with the risk and thus at least €1,500,000.00 (one million five hundred thousand Euro and no/100). The Lessee must provide a copy of said policy upon signing the hire agreement. 

6.1. A security deposit will be required as a guarantee against damages that may be caused to the spaces hired/used. It may be provided as a bank or insurance guarantee, pursuant to art. 108 of the Cultural and Natural Heritage Law Code, a copy of which must be provided upon signing the hire agreement.

6.2. The deposit will be returned once the Institute has verified that the spaces used were not damaged and that the expenses accrued have been paid. 

7.1. Any activity not included in the hire agreement and, in any case, any activity not previously authorised by the Lessor may result in the unilateral revocation of the agreement by the Lessor. 

7.2. In the case of revocation, the Lessee forfeits the right to compensation. 

The Lessee is explicitly prohibited from transferring the rights to use the spaces to third parties.

9.1. If the spaces ultimately are not used by the Lessee, the Lessor will still retain the fee described in art. 3.

9.2. Should equipment, decorations, furniture and other materials be left in the spaces granted for hire, thereby requiring their removal after the agreed-upon end date, the Lessee shall pay a penalty of 20% of the usage fee for every day the items are left on site.

10.1 The Court of Rome shall have jurisdiction for all disputes deriving from this contract.

10.2 The Lessor and Lessee mutually acknowledge that all the clauses in this contract, individually and jointly, are the result of specific, direct negotiation between them, and therefore are not subject to articles 1341 and 1342 of the Italian Civil Code.

10.3 This agreement is governed by Italian law. For matters not expressly provided for herein, the parties shall refer to the Italian Civil Code and, to the extent existing and applicable, laws and regulations in force.