Homes in Liguria is a web platform that represents a market place that provides advanced search tools and booking of different types of activities (hereinafter, "Experiences") offered by tourist guides, environmental guides, craftsmen, sportsmen, freelancers and companies (hereinafter, the "Host"). Homes in Liguria provides a set of tools and services that facilitate the meeting and communication between Hosts that offer activities and experiences located in Liguria and physical and / or legal persons wishing to book them. The person using the platform Homes in Liguria (hereinafter "User") agrees to comply with and be legally bound by the terms and conditions of these "Booking Terms of Experiences" (hereinafter, the "Terms").
HOMES IN LIGURIA IS A PLATFORM ONLINE THROUGH WHICH LOCAL GUIDES, TOURIST AND ENVIRONMENTAL GUIDES, CRAFTSMEN, SPORTSMEN, COMPANIES AND PROFESSIONALS MAY CREATE ADS (AS DEFINED BELOW) RELATED TO ACTIVITIES AND EXPERIENCES IN THE TERRITORY OF LIGURIA AND USERS MAY FIND AND BOOK THESE EXPERIENCES BECOMING CUSTOMER (AS DEFINED BELOW). YOU UNDERSTAND AND AGREE THAT HOMES IN LIGURIA IS NOT PART OF ANY CONTRACT SIGNED BETWEEN HOST AND USERS WHO BOOK EXPERIENCES ("CUSTOMERS"), AND HOMES IN LIGURIA IS NOT EVEN A TRAVEL AGENCY AND / OR TOUR OPERATOR. HOMES IN LIGURIA HAS NO CONTROL OVER THE CONDUCT OF THE HOST AND USERS AND EXCLUDES ALL LIABILITY IN THIS REGARD.
These Terms govern the access and use of HOMES IN LIGURIA, the Services and all Contents (as defined below), and constitute a binding agreement between you and HOMES IN LIGURIA.
2. GENERAL DESCRIPTION OF HOW THE PLATFORM WORKS
The Host contacts Homes in Liguria and offers an experience through a special template called "New Experience Acquisition". If accepted by Homes in Liguria, the experience will be seen as ad on Homes in Liguria and can be booked by all Users. The User conducts a search of the possible experiences on Homes in Liguria by location, type, price and duration of Experience. The ads can be viewed by Users without registering on the portal Homes in Liguria. If a User wants to book an experience advertised on the portal can do so using the messaging tools of the portal or by contacting the Sales Team of Homes in Liguria on WhatsApp number. After selecting the desired experience, the User can contact Homes in Liguria to ask for more information, refer to the contents and any reviews that the experience received by other Members, request the booking experience, confirm a reservation using the online payment system offered by Homes in Liguria. After benefiting from the Experience booked through Homes in Liguria, Customers will be asked to leave a review of Host and the Experience lived. Homes in Liguria has no role in the planning and management of Experiences. The responsibilities of Homes in Liguria are limited to: (I) To facilitate the availability and visibility of Experiences promoted by Host and (II) acting as a temporary agent for each Host in order to accept payments from Users on behalf of the Host
3. ADS OF EXPERIENCES
The Host has the power to create, through the assistance of the staff of Homes in Liguria, ads related to the Experiences to be lived on the Ligurian territory. In this regard, the Host will be asked a series of information about the Experience such as the location, duration, description, what is included / not included, the price, the times and days in which the Experience is offered, as well as any rules to follow. This information will be included by the Host in a specific word template module called "New Experience Acquisition" which, when completed, will be sent again to the staff of Homes in Liguria. The ads approved by Homes in Liguria will be published on the platform Homes in Liguria. The Host recognizes and agrees to be responsible for all published ads. Thus the User acknowledges and warrants that booking of the Experience, or the usufruct of the Experience, (i) will not violate any agreement between the Host and any third party and (ii) ( a) will be in accordance with all applicable laws, tax requirements, rules and regulations applicable to any Experience in the Liguria Region, including, without limitation, laws governing the guide or accompaniment of tourists, and (b) will not be in conflict with the rights of third parties. Please note that Homes in Liguria assumes no responsibility regarding the compliance of the Customer to any laws, rules and regulations in force. Homes in Liguria reserves the right, at any time and without notice to the User, to remove or disable access to any ad for any reason, including ads that Homes in Liguria, in its sole discretion, considers questionable for any reason, in violation of these Terms or otherwise harmful to Homes in Liguria. If a User requests a booking of an Experience offered by a Host and makes use of it, any agreement is an agreement between the Client and the Host, and Homes in Liguria is not part of that agreement. Notwithstanding the above said, Homes in Liguria acts as an agent provisionally authorized by the Host, in order to receive payments from customers in the name and on behalf of the Host, and is responsible for the payment of such sums to the same Host within the time and in the manner agreed. The Host recognizes and agrees to be responsible for its own acts or omissions, and the acts and omissions of any single individual which is receiving or is otherwise present during the Experience usufruct upon its request or invitation, to the exclusion of the Customer (and the individuals that the Customer invites to take advantage of the Experience, if applicable). Homes in Liguria advises Hosts to take on adequate insurance for the services offered.
4. BOOKING PROCESS & CONTRACTUAL AGREEMENTS
4.1 GENERAL DESCRIPTION
The Host whom will be requested a reservation for an Experience by a User through Homes in Liguria, will be asked to confirm, reject, or reply with a message to the reservation within 48 hours from the said request. When a User requests a reservation through Homes in Liguria, we will share with the Host (i) the name and surname of the User who requested the reservation. When the Host confirms a reservation request from a User, Homes in Liguria sends an e-mail and a text message to the same User thereby activating the method of payment envisaged to complete the booking process. The price displayed on each ad (hereinafter the "Price of Experience") includes a specific service commission fee of Homes in Liguria. The total price of the Experience is inclusive of the Homes in Liguria fee. The booking process is mainly carried out in two modes that can vary depending on the payment agreements with the Host:
a) In the booking process of the Experience, the Customer pays only a fraction of the total cost (which varies from 10% to 20%) to confirm the reservation through the online payment instruments offered by the portal Homes in Liguria, then will pay the balance due later directly to the Host in cash or credit card at the time of benefiting from the Experience
b) In the booking process of the Experience, the Customer pays directly the total cost of the Experience (100%) through the online payment instruments offered by the portal Homes in Liguria
In the event that the Customer pays in the booking phase the total price of the Experience (option b), Homes in Liguria will execute the payment of the Price of the Experience (less the Homes in Liguria fee) to the Host within seven days from the supply of the Experience (except in case of reimbursement to the Customer). We would like to emphasize that is the Host, not Homes in Liguria, to define the price of the Experience.
4.2 CONTRACT AGREEMENT BETWEEN HOMES IN LIGURIA & HOST
Homes in Liguria offers to Hosts a communications service and the promotion of ads through social media initiatives and advertising marketing campaigns, increasing the visibility of ads of Experiences and facilitating contact with potential Customers. Homes in Liguria invoices the Hosts the services above with a fixed amount of fifteen percent (15%) relative to the total price of the Experience. The relationship between Homes in Liguria and the Host has a duration corresponding to the length of stay of the Host’s ad on the site Homes in Liguria. Each Contracting Party (Host or Homes in Liguria) may terminate this contract without penalty and without giving reasons by giving notice to the other party with a notice of one week. In the event of termination of the agreement the Host shall remain responsible and is committed to delivering the Experience booked through Homes in Liguria by Customers before the date of contract termination, even in cases when the date of supply of the Experience occurs after the date of termination of the contract with Homes in Liguria.
4.3 HOMES IN LIGURIA AS A PROVISIONAL AGENT FOR PAYMENT COLLECTION
With this present statement, the Host delegates Homes in Liguria to collect in the name and on behalf of the same Host, the amount paid by the Customer in relation to the price of the Experience at time of booking and for which Homes in Liguria will release a simple electronic payment receipt. In relation to the reservation confirmation, the Customer will be asked to provide the usual billing information, such as, for example, name, billing address, and the User’s credit card that Homes in Liguria, or the third party that processes the payments, will make use of during the payment process. The Customer thus authorizes Homes in Liguria, or any third-party online payment processing system, to collect the payment amounts requested to benefit from the Experience by charging the User’s credit card to confirm the reservation, or through one of the other payment methods used on the platform Homes in Liguria. It is the Host’s responsibility to issue an invoice or receipt against the total price of the Customer Experience, and will be Homes in Liguria’s responsibility to issue to the Client an invoice for the service fees included in the booking process of the Experiences.
The Host agrees that the payment made by a Customer to Homes in Liguria covering the total Price of the Experience will be considered as a payment granted directly to the Host; the latter will have to offer its Experience to the Customer in the manner stipulated above, as if the Host had received the Price of the Experience. Once the Experience is delivered, within a maximum period of seven days, Homes in Liguria will send to the Host the amount paid by the Customer relative to the total price of Experience. This amount will be reduced by the Homes in Liguria fee specified in this contract (see Art. 4.1 and 4.2). Thus the described mechanism is a guarantee for the Customer, because the money is passed to the Host only if the Experience is actually delivered, and for the Host, which is protected in case the Customer does not show up. In the event that the Customer has opted for paying a fraction of the total cost (reservation commission) during the booking process, as described above, the balance will be paid by the Customer directly to the Host on site. In the case of a Customer complaint for breach of contract by the Host, Homes in Liguria will rule on the dispute in accordance with these Terms. The Host also agrees that Homes in Liguria may, in accordance with the shared cancellation policy in the Terms, (i) allow the Customer to cancel the reservation and (ii) reimburse the Host that percentage of the price of Experience applicable in the cancellation policy.
4.4 CONTRACT BETWEEN THE CLIENT & THE HOST
As for the supply of the Experience, Homes in Liguria is not in any way part of any contract, either implied or indirect, with the Customer nor with the Host, nor with third parties. Therefore, any mandatory reporting and / or contractual responsibilities are solely between Customer and Host. The Host is solely responsible for the supply of the experience applicable to the Customer, in the event that the same Host has actually confirmed the Customer's request for reservation. The Client and Host acknowledge and agree that the responsibility for fulfilling the obligations of these agreements falls on them, and not on Homes in Liguria, Homes in Liguria is not part of the agreements, and that, except for liability and payment obligations in accordance with this document (Art.4.3), excludes any liability arising out of or relating to such agreements. The Client and Host also recognize and respect the agreements on the Responsibilities and Conduct of Users and Host. Any responsibility for the fulfillment of such agreements falls on them themselves, and not of Homes in Liguria.
5. CANCELLATION POLICY
Any cancellation of purchase of an Experience by the Customer must be made via e-mail at firstname.lastname@example.org. The date on which the notice of cancellation is received by Homes in Liguria will determine the refund due to the same customer on the basis of the following rules:
a) If the cancellation is made within 30 days from the supply of Experience the amount paid by the customer will be refunded in full, net of the Homes in Liguria service fee (Art. 4.1 and 4.2) and banking costs due to same refund transaction*;
b) If the cancellation is made in a time period between 29 and 11 days of the planned supply of Experience, the customer will be refunded 50% of the amount paid at time of booking*;
c) If the cancellation is made less than 10 days from the supply of Experience then no reimbursement will be made*;
*The above terms refer to the total price of the experience, excluding service fees of Homes in Liguria that under no circumstances are refundable
In the event that the Host is forced to cancel the supply of an Experience, due to weather conditions or other force majeure circumstances, the reimbursement to the Customer will be treated as follows:
a) Homes in Liguria contacts the Customer to assess its availability to re-book at no cost the same experience in an alternative date or hour;
b) In the event of inability or unwillingness by the Customer to re-book the same experience, Homes in Liguria offers the Customer a credit to book a different Experience of choice offered on Homes in Liguria;
c) If the Customer does not accept the offers as defined above, it will be repaid in cash within the time prescribed by law to reimburse the full amount paid at time of booking.
If the Customer opts for the second solution (b) the difference in cost of the alternative Experience will be refunded by Homes in Liguria or paid by the Customer where applicable.
In the event that the Host had to cancel a reservation related to an Experience in the period before the seven days preceding the supply of the Experience, the same Host will not be subject to any penalty. In the event that the Host had to cancel a reservation related to an Experience less than seven days from the actual date of supply of the Experience, the same Host will be required to pay Homes in Liguria a 20% cancellation fee relative to the full price of the Experience paid by the Customer.
6. RESPONSIBILITIES AND CODES OF CONDUCT OF THE USER
By using the Portal Homes in Liguria and its Services, the User agrees not to transmit, distribute or publish contents which are unlawful, harassing, defamatory, immoral, libelous, obscene, vulgar, pornographic, racist or prejudicial to the rights of other Users; not to spread through Homes in Liguria advertising or promotional material; not transmit or upload on servers Homes in Liguria viruses, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or systems of Homes in Liguria or of third parties; not breaking any laws or regulations of any kind; not violate the rights of any person or entity, including any intellectual property rights and privacy; not to collect, store and transmit personal data about other Users; not to use automated scripts to access, search, collect information or otherwise interact with the services and not use automated tools or manual process to extract or copy static or dynamic web pages of Homes in Liguria or content on Homes in Liguria for commercial purpose without the prior consent of Homes in Liguria.
7. RESPONSIBILITIES AND CODES OF CONDUCT OF THE HOST
Any Host can apply to Homes in Liguria to publish an ad related to an Experience on the website of Homes in Liguria, providing textual content and images needed to describe and explain the proposed Experiences for which the Host wants to create an ad. In this sense, the Host assigns to Homes in Liguria the rights to reproduce on the web portal Homes in Liguria texts and images provided by the Host in order to publicize the online ad (ex. Art. 97 Law 633/1941). Once the application for the inclusion of an Experience is completed and sent in to the staff of Homes in Liguria, the Experience will be reviewed by Homes in Liguria staff on the basis of its compliance with these Terms. Sending a proposal for an Experience does not oblige Homes in Liguria to accept it and publish its advert. Homes in Liguria reserves the right, but not the obligation, to promote the advert of an Experience using all methods and means possible, in its sole discretion. The Host agrees to: (a) accurately describe and define all the details of Experience, in no way false or misleading; (B) not to accept gratuities or require additional payments to pay for the experience; (C) comply with all laws and regulations in offering its services (in particular as regards the safety, licensing, preparation of food, etc.); (D) does not urge Users to book and attend an Experience bypassing and circumventing Homes in Liguria and the Services; (E) obtaining all permits and licenses required to deliver the Experience (including those related to the places where the Experience is provided, and intellectual property rights of third parties used or exploited as part of the Experience); (F) use of Customer information obtained from Homes in Liguria just to communicate with the Customer about the Experience and for no other purpose, unless they obtain the explicit consent of the Customer; (G) to honor all bookings received in accordance with the price, the time and date indicated in the ad of the Experience
8. RIGHTS OF HOMES IN LIGURIA
Homes in Liguria reserves the right, in its sole discretion, to edit any sections or parts of Homes in Liguria website, the Services, or to change these Terms, including Homes in Liguria service commission fees at any time without prior notification. In case Homes in Liguria were to change these Terms, it will publish those changes on Homes in Liguria website and provide the Host and the Users notification of the change. In this case it will also update the "date of last update" at the top of these Terms. Homes in Liguria also reserves the right to discontinue the Services at its sole discretion and without liability to any third party, with or without cause, with or without notice, modify, suspend or discontinue, temporarily or permanently Homes in Liguria and the Services (or some parts of them). Should Homes in Liguria encounter any violations (or potential) of these Terms, you agree that Homes in Liguria may, in its sole discretion, at any time, without liability to the User or a third party: (a) stop immediately the User access to Homes in Liguria; (B) deactivate or delete some or all of the User's account and / or all Content and ads related to the Host
10. COPYRIGHT AND INTELLECTUAL PROPERTIES
Homes in Liguria and its contents are protected by copyright, trademark and other laws, Italian as well as belonging to foreign countries. The User acknowledges and agrees that Homes in Liguria and its contents, including all associated intellectual property rights, are the exclusive property of Homes in Liguria and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or on Homes in Liguria. All text, graphics, editorial content, data, formatting, graphics, drawings, HTML, look and feel, photographs, music, sounds, images, software, video, designs, typefaces and other content (collectively referred to as "material owned ") that you see or read on Homes in Liguria are a property of Homes in Liguria, or are used with permission of the owner. This proprietary material is protected in all forms, media and technologies. You cannot copy, download, use, redesign, reconfigure, or retransmit any content of Homes in Liguria without the prior written consent of Homes in Liguria.
The contract, and the User relationship with Homes in Liguria will be governed by Italian law. The User and Homes in Liguria agree to submit to the exclusive jurisdiction of the Court of Rome (Italy) to resolve any legal dispute arising from this Agreement.
12. CONTACTS OF HOMES IN LIGURIA
If you have questions about these Terms or any service provided by Homes in Liguria, please contact Homes in Liguria at email@example.com
13. ACCEPTANCE OF THE TERMS OF BOOKING EXPERIENCES
By accessing the website Homes in Liguria or using the Services of Homes in Liguria, the User declares to fully accept all the provisions contained in these Terms. Homes in Liguria By accessing the website Homes in Liguria or using the Services of Homes in Liguria, the User declares to be eighteen years of age. Pursuant to and for purposes of articles. 1341 and 1342 of the Civil Code, the User declares to have read and understood the contents of the Terms of Booking Experiences.
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