Conditions of Use of the Booking Service
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Introduction
The internet sites www.oltrepoadvisor.it, prenota.oltrepoadvisor.it and any related mobile application, hereinafter simply referred to as "Site" or "Network Sites" or "Network" managed by the Tourist Association 3.0 for the territories of Lombardy, Piazza Vittorio Veneto, 10 Stradella (PV) CF 93015450187 (hereinafter "AT3"), provide users with an online platform intended as a marketplace of tourist accommodation facilities from which it is possible to request or book accommodation or similar accommodation directly, such as, by way of example and not exhaustively, pitches for campers, tents, apartments, etc.
The service described above is accessible by connecting to the Network Sites or other partner websites of the Portal and through any other website through which the Site makes this service available, including the application for mobile devices.
These General Conditions of Use (hereinafter the "Conditions") regulate the access and use of the Network Sites and the related applications for mobile devices (hereinafter the terms "Site" or "Portal" will include the sites and related mobile applications) that AT3 has created in order to facilitate the search for accommodation.
The Privacy Policy pursuant to Legislative Decree 196/2003 and subsequent amendments, available at https://prenota.oltrepoadvisor.it/privacy-policy is to be considered expressly incorporated in the General Conditions of Use.
Access and / or use of the Site is totally voluntary and gives the user, whether registered or not, the responsibility to comply and to be contractually and legally bound by these General Conditions of Use and the Privacy Policy. By using the Site, the user accepts these Conditions without reservation, therefore it will be his responsibility to read them carefully before accessing the Site and using it under his entire responsibility. Without full adherence to these Conditions, the user has no right to consult, use or make use of the Services made available by the Site.
The Site reserves the right to change the content of the General Conditions of Use without prior notice: therefore users are advised to read these conditions every time they access and use the Site. The user can, at any time, access, download, save and print the Conditions. These conditions are constantly accessible on the website through the link https://prenota.oltrepoadvisor.it/termini-e-condizioni-di-utilizzo.
The user must make diligent use of the services on the Site, in accordance with the law and these Conditions, as well as maintaining respect for other users.
It is forbidden to use this Site for purposes other than the original one.
Definitions
USER: person who uses the site for the purpose for which it was developed
. TRADER: private users or professional users who advertise accommodation facilities with accommodation available.
STRUCTURE or TOURIST STRUCTURE: this term means all the tourist accommodation facilities that form the object of the Site's offer.
1. Services offered to users
1.1 The Site allows merchants to advertise one or more accommodation facilities and users to book accommodation directly or request information on price and availability. The site represents a place of interaction between merchants and users, with the aim of facilitating the request for accommodation and booking.
From the moment in which AT3 is not a party to any rental contract or other agreement between the user and the operator, the site does not mediate in the event of disputes between the parties.
1.2 To registered users on this site, we offer the following services:
- possibility to search for a tourist facility by consulting the advertisements published on the Site. The search for the facility is carried out independently by the user, AT3 is under no obligation to replace or support the latter in the accommodation search phase;
- the possibility of communicating via email, by telephone, with the operators who advertise their property on the site;
- information and promotional communications from AT3 via e-mail, text message or other channels such as Whatsapp or Facebook Messenger concerning this sector and other sectors of possible interest.
AT3 reserves the right to provide merchants with only the data and / or information provided by the user when this proves necessary to provide the service, always done in accordance with current legislation.
2. Registration
2.1 Some sections of the Site provide limited access to registered users only, by entering a username and password. Users who are not registered can visit the public parts of the site, but should never attempt to enter parts of the site that are restricted, unless they have been authorized by assigning a username and password.
2.2 For security reasons, all users who use the services offered by the Site, apart from simply carrying out a search for information, must complete the registration on the Portal.
2.3 Registration is carried out according to the procedures expressly indicated in the service instructions. An unregistered user who completes and sends a request for information via the contact form of the Site, consents to the registration and saving by the Site of the data entered by him.
2.4 The user undertakes to manage and use the personal data of the interested party, in accordance with the provisions of the Conditions.
2.5 The user undertakes to access the data of the interested party only for legitimate and explicit purposes, in accordance with the provisions of these Conditions. The user declares that the use of the AT3 services, as well as the uploading of contents, logos, photos or any material posted on the Site, are not connected to illegal activities and do not damage the image of AT3 or third parties.
2.6 By entering their data in the Portal, the user gives their consent to the publication of their name, photos and all information entered on the Site. The data entered through the registration procedure can be used by AT3 in compliance with the Privacy Policy which the user declares to have carefully read and given his / her consent in accordance with the law.
2.7 The account is personal, in the name of a natural or legal person and can only be used by the member.
2.8 Each user has the right to activate a single registration on the Site. It is expressly forbidden for the same user to have more than one registration. Similarly, those actions that aim to circumvent this rule such as making further registrations using the personal data of other natural or legal persons are not allowed.
AT3 reserves the right to investigate the veracity of the data entered by the user and if irregularities are detected, it has the right to suspend and / or deactivate the accounts or advertisements that are in some way connected to other accounts or advertisements.
2.9 All information provided by the user through registration and while using the Service must be truthful and accurate. For the purposes of this document, the user must guarantee the authenticity and truthfulness of all the data entered during the compilation of the forms necessary for the registration and subscription of the AT3 Services.
Likewise, it is your responsibility to keep your contact information up-to-date and truthful. In any case, the User will be solely responsible for all the non-authentic information entered that prejudice AT3 or third parties.
2.10 Username and password necessary to access your account on the Site are personal and non-transferable and it is forbidden to transfer the access data to third parties. The user is responsible for the use of the password, it must comply with the terms of AT3.
In the event that the user becomes aware or suspects that his password is known by a third party, he must change it using the appropriate form. It will be the user's responsibility not to provide personal data to any person or company other than those specifically authorized by these Conditions.
2.11 The user must respect the laws and rights of third parties in using the contents and services of the site. It is also forbidden to reproduce, distribute, transmit, adapt or modify the contents (texts, drawings, graphic audio files, information, data, archives and / or images, logos, etc.) and other elements of this Site, with the exception of with the written permission of the legal owner or in cases permitted by law.
The user is responsible for the unlawful use of the data. By virtue of this clause, any action that does not comply with these Conditions and / or performed for purposes other than that of this contract is considered illegal.
2.12 If it deems it essential, AT3 legally reserves the right to deny access, at any time and without notice, to users who violate these Conditions.
2.13 By registering, the user is aware of and agrees to receive corporate communications (service notifications, discounts, reminders, reminders, promotions dedicated to subscribers or other types of alerts) via email, sms, Whatsapp, Telegram or Facebook Messenger at the addresses entered by the user himself.
3. Announcements and Conditions
3.1 The operator is solely responsible for the information included in his property advertisement. Each merchant declares that all information provided to AT3 and to users, especially those relating to the location of the accommodation, prices, calendar availability, services offered and characteristics of the accommodation, are true and updated throughout the period of publication of the announcement on the site. If any dispute arises between the merchant and the user caused by a lack of foresight on the part of the merchant, the latter will be held solely responsible towards the user. The operator will be responsible for keeping such data constantly updated. AT3 does not guarantee the accuracy or updating of the texts, contents, photos,
3.2 The operator declares to publish only original photos, videos and texts in his advertisement. He also declares not to use images or videos for which he does not have legal consent, which violate the law on the protection of personal data, intellectual property rights or any other third party right. In case of violation of these conditions, he will assume full responsibility in this regard. The operator grants AT3 a non-exclusive and transferable to third party license to use the photographs, videos and texts published in the advertisement for commercial or promotional purposes.
3.3 AT3 assumes no responsibility in relation to the suitability of the accommodation and its compliance with the laws, rules and regulations in force, including tax.
4. Additional Services and Paid Services
4.1 AT3 makes available and may occasionally add or remove additional extra services and / or extra paid services.
4.2 Adaptations into foreign languages are entirely the responsibility of the operator. When the linguistic localizations are not entered manually by the merchant, the Site provides the multilingual service that the merchant can use free of charge, recognizing and accepting that this is a dynamic automatic translation system that can make mistakes.
5. Cancellation of Reservations, obligation of re-routing
5.1 The cancellation or cancellation of a reservation is managed through agreements between the user and the operator. Any refund of the deposit or the payment of penalties will take place according to what was established in the booking phase between the two contractors. From the moment in which AT3 is not a party in the agreement between the user and the operator, the site does not mediate in the event of disputes between the parties.
5.2 Reservations made through the online booking platform of the Site must comply with precise cancellation procedures explicitly accepted by the user when completing the booking.
6. Disclaimer of Warranties and Liability
6.1 Except for the cases expressly indicated in these conditions, AT3 cannot be held responsible for any type of damage deriving from the lack of accuracy, completeness and updating of the information entered by users and merchants, nor for any errors or omissions concerning the contents posted by them. AT3 has no obligation to verify or control the content and information entered by users and merchants. AT3 assumes no responsibility for the content, data and / or information provided by users and operators on this site, nor for the content of external links reported by them. In particular, AT3 does not guarantee that these contents are correct.
The operator is the only and last person responsible for the tourist products and / or services covered by the contract with the user and for the data included in the advertisement advertised through the site.
AT3 reserves the right to delete any fraudulent or non-compliant content on the site at any time and without prior notice.
6.2 AT3 is not responsible for errors and / or omissions that may interfere with the success of the booking and therefore the user's stay. The operator, as the direct and sole responsible, will be responsible for the compensation in favor of the user according to the procedures established by law.
6.3 AT3 is not responsible for the opinions expressed by users on the website, forum, community or other participation platforms.
6.4 AT3 undertakes to keep its Site available at all times. However, it cannot ensure the continuity of the service which could be interrupted due to technical reasons (short anomalies or delays in temporary services for reasons such as maintenance, security, updating in order to modernize or improve the Service), due to problems that exonerate the control of AT3 (for example problems of the telecommunication network, power outages, etc.), due to problems deriving from the negligent or harmful conduct on the part of the user or as a result of force majeure. The concept of force majeure means, for the purposes of this contract, all events occurring out of AT3's control, such as bankruptcies of third parties, operators or service companies, government actions,
AT3 therefore assumes no responsibility, to the maximum extent permitted by law, for any type of damage that may derive from the lack of availability or continuity of the website and related services. If an interruption of the service causes the cancellation of contents or reservations or is due to errors that occur when accessing your account or while browsing the Site, AT3 cannot be held responsible in any way. Any liability of the Site towards the operator is limited to a maximum amount corresponding to the total amount received by AT3 directly from the operator in question, during the period in which the services provided for in the contract have not been rendered correctly.
6.5 AT3 may modify, without notice and at any time, the design, presentation and / or configuration of this website, some or all of its services, and add new ones.
6.6 AT3 will not be responsible for cases of unfair competition and illegal advertising deriving from the services rendered by third parties through the website, for the lack of accuracy, completeness, relevance, fault and / or updating of the contents transmitted, received, obtained, stored, made available or accessible through the services provided by third parties through this website.
6.7 AT3 will not be held responsible in any way for the services rendered or for the results obtained from third party sites and / or partner sites.
6.8 AT3 may not publish links whose content does not comply with the style rules and conditions of use of the portal. The Site reserves the right to refuse to publish a link. For this reason, all websites are viewed before being published on the portal.
6.9 AT3, the parent company, the subsidiaries, affiliates, managers, directors and / or employees will in no case be liable for all types of damages that could derive from services provided by third parties through this website, from the loss of profits or from indirect, consequential, special, accessory or punitive damages deriving, based on or resulting from the website, from these Conditions, from the use by the user of the Site and / or from any operation between users, even in the case in which AT3 has been advised of the possibility of such damage.
6.10 These limitations and exclusions apply regardless of the cause of the damages, whether due to breach of contract, breach of warranty, strict liability, tort, negligence or any other legal basis, to the maximum extent that such exclusions and limitations are not prohibited. by the law in force.
6.11 If the user is not satisfied with the Site or does not fully accept the clauses of these Conditions, the termination of the use of the Site will be the sole and exclusive remedy against AT3.
7. Applicable law and competent court
7.1 The applicable law is the Italian one, the competent court is that of Pavia (PV)
7.2 In the event of disputes, the Italian version of these Conditions will always prevail.
AT3 contacts
For clarifications or doubts about these Conditions write to info@oltrepoadvisor.it