DEFINITIONS In the matters governed by the present general conditions (GC) the company Liforyou S.r.l. Unipersonale is understood as the “Intermediary”, with its head offices in via Foce 3, Imperia (IM) – Italy , cf and vat number (p.iva) 01603900083 , Rea n. IM 140461, tel – 329 8580990, address firstname.lastname@example.org; mail partner email@example.com, which undertakes the activity of OLTA , as per SCIA of 06.10.2014 sent to the Comune of Imperia; “Accomodation facility” , the hotel or paralberghiera coming under this heading, according to the type of and organization set out by the applicable regional law, in one of the following categories: hotel, tourist-hotel residence, period residence , inn, diffuse hotel, tourist village, motel; the extrahotel structure involved , according to the type of organization set out by the regional law to which the structure is subject in the category of bed and breakfast or residence or furnished living unit for rental by tourists or of agritourism;“Party” the Intermediary and the Accommodation facility , jointly or individually considered; “Service” the Intermediary's on line booking service , through which the Accommodation facility can offer accommodation to the public or bookable rooms, with accessory services; “Platform” the Intermediary's web site called Liforyou.it, including every application, system, and tool needed to make the Service operational; “Service Request” the contractual proposal undersigned by the Accommodation facility in which the conditions and procedures are foreseen, integrated from the present GC, on the basis of which the Accommodation facility requests the Service from the Intermediary; “Service Contract”: the Service Request (accepted by the Intermediary) together with the General Conditions (GC) ; “General Conditions” or “CG” the present conditions which govern jointly to the Service Request the relationship between the Intermediary and the Accommodation facility; “Fees” the payment in favour of the Intermediary for the services provided to the Accommodation facility in relation to the Service;“Guest” the physical or juridical person who requests via the Intermediary's booking service , accommodation in Accommodation facility : “Hotel Contract” the concluded contract , via the on line booking system of the Intermediary, between the Guest and the Accommodation facility for the accommodation and services offered by the Accommodation facility ; “Technical Sheets” the sheets published on the site in which the basic equipment provided with no extra cost to the Guest is indicated. “Tariff” the tariff applied by the Accommodation facility to the Guest upon the conclusion of the Hotel Contract via the Platform , including taxes and all costs relevant to the accessory services offered by the Structure and requested by the Guest;“Confidential information” all the verbal and written information, experience and knowledge developed in the company setting of one Party, with particular reference to commercial and financial information, programmes and marketing strategies, relations with third parties, customer and supplier data, working procedures and organization of work , which the other Party becomes aware of in the course of dealings or during the use of the Service , as well as the contents and data of the Service Request.
1.1 The subject of the Service Contract is the use of the on line booking system of the Intermediary for the booking of accommodation with the accessory services offered by the Accommodation facility to the Guest (cd, “Service”).
1.2 The Service allows the presentation to the public of the Accommodation facility which offers free basic equipment, indicated in the Technical Sheets, to assist with sporting and recreational activities in general. The Accommodation facility must indicate, in the Service Request, through the option of one or more Technical Sheets, which equipment, to assist with recreational activities is available.
1.3 From the Service Contract and from the related regulations contained in the General Conditions cases are excluded in which the accommodation constitutes a component of the combined tourist services (cd. Tourist package), of which the combination and sale is done directly by Liforyou s.r.l. through the Platform (as for the packages sold by Liforyou s.r.l. under the classification “Events” and “Sporting Groups”). In such cases relations with the Accommodation facility will be regulated in a different and autonomous way with respect to the Service Contract.
2.1 The present General Conditions have as their aim and regulate the conditions and procedures of management and supply in favour of the Accommodation structure of the Service on the part of the Intermediary.
2.2 The Service Contract with which the Intermediary undertakes to provide the Service in favour of the Accommodation facilities is governed exclusively by the Service Request and by the present GC.
2.3 The Service Contract is taken to be excuted at the moment when the Accommodation facility receives the acceptance from the Intermediary of the Service Request formulated by the same structure. The Intermediary can reject the Service Request presented by the Accommodation facility for any reason, at its unquestionable judgement.
3.1 Information including images and photos will be added to the Platform , supplied by the Accommodation facility, in order to fulfil the pre-contractual disclosure obligations prescribed by the provisions related to the distance contracts in the art. 49 of the (Italian) Consumer Code (as last amended by DL 02/21/2014 n. 21). The Accommodation facility must therefore have all the information concerning the identity of and main characteristics of the structure itself and of the services offered to the Guest, its geographical location, the category or level of the Accommodation facility with particular regard to quality standards and to its classification. The bookable rooms and accommodation should also be inserted into the Platform with each accessory service, their type and number, the tariffs applied, including each tax. The Accommodation facility must supply all further information , which must be inserted in the presentation of the Structure itself relevant to: method and means of payment accepted (to be indicated in the standards set out by the Intermediary), the terms of validity of the offer of accommodation, performance term of the Hotel Contract, treatment of complaints, assistance service after booking, adhesion of the Accommodation facility to any codes of conduct of professional associations or business membership with details of how to obtain a copy, any extra-judiciary remedy or mean of complaint or appeal of which the Accommodation facility is subject and conditions for the Guest to have access to them.
3.2 The inclusion of the information and material referred to in the preceding point 3.1. will be made by the same Accommodation facility through the access system Extranet, with the release of specific credentials from the Intermediary. The Accommodation facility, upon request, will be assisted by the Intermediary in order to insert for the first time information and presentation material of the Structure. The Intermediary may request from the Accommodation facility , before the insertion of the material and the presentation information about the structure, to examine them with the right to request to integrate them or modify them.
3.3 The Accommodation facility will have the responsibility to provide independently constant updating of the information and material already included in the Platform, with particular reference to available rooms and rates applicable. During the relationship the Intermediary is empowered to access the information and materials included by the Accommodation facility with the authority to provide to make changes or additions, upon notice of the Intermediary, if the information proves patently erroneous or incomplete or requires adaptations, changes or additions, also in order to improve the quality.
3.4The Accommodation facility undertakes in each case to provide and / or include in the Platform information that is expressed in a clear, comprehensive and unambiguous way. The information must be truthful and not such as to integrate in any way unfair and /or misleading or aggressive business practices towards consumers, nor such as to constitute misleading advertising with unfairconsequences to other tourism entrepreneurs or comparative advertising which does not comply to the criteria of legality established by the law.
3.5 The Accommodation facility recognizes that it is solely responsible for the accuracy, timeliness, accuracy and veracity of the information provided to the Guest by the Platform.
3.6 The rates posted by the Accommodation facility should not be higher than those offered to customers directly by the Accommodation facility through its information, price list or its website
4.1The bookable offer relative to the unit or accommodation of the Accommodation facility , complete with all the information required in the interest of the Guest, is valid as an offer to the public.
4.2 The Hotel Contract is concluded between the Accommodation facility and the Guest at the moment when the guest completes the online reservation by filling out the electronic form, and agrees, by pressing a special virtual negotiating button (point and click), the essential elements of the same offer present in the Platform.
4.3 The Accommodation facility acknowledges receipt of the booking by the Guest through accessibility and / or knowledge of the the reservation resulting from the Extranet system either by email or by fax sent by the Intermediary
4.4 The Intermediary will send via email to the Guest the confirmation of the conclusion of the Hotel Contract (ie the reservation so executed) within a reasonable time, following its conclusion or, at the latest, before the performance of this Hotel Contract, upon a durable support. Such confirmation will contain a summary of the conditions of the Hotel Contract , with information on the essential characteristics of the reserved service, price, means of Fees applied, to cancellation, to taxes or applicable tolls.
5.1 Reservation of accommodation will require the indication by the Guest of data of its credit card (cd. Guaranteed reservation), to guarantee the seriousness of the reservation
5.2 The Accommodation facility is required to provide adequate prior information to the Guest through the Platform on the use of credit card information, especially when the guest is required for the completion of the reservation, the immediate payment of a deposit or a down payment on the price, or when it is expected to be collected, after the booking, by the said payment card, a penalty or the balance of the price
5.3 The Accommodation facility shall execute withdrawals in accordance with the conditions and terms given through the Platform and to the extent agreed with the Guest following the conclusion of the Hotel Contract.
5.4 The Accommodation facility assumes all responsibility towards the guest with regard to withdrawals made with the credit card, exempting from any liability the Intermediary on any eventual dispute or claim of interest for the measurement of the amounts taken by the Accommodation facility under the Hotel Contract and / or potential abuses by the Accommodation facility
5.5 The Accommodation facility assumes full responsibility for the initiatives or requests of the Institute of issuance of the payment card if the same, pursuant to art. 62 of the Consumer Code, as amended by Decree 02/21/2014 n. 21, provides to the return to the Guest of withdrawals that have occurred as a result of debit exceeding the agreed price or fraudulent use of the card by the same Accommodation facility or third parties, such as also its employees or associates.
5.6 The Accommodation facility and the Intermediary will adopt appropriate protective and security measures against data theft of a payment card sent by the Guest.
5.7 The Intermediary will adopt appropriate measures to ensure that the data entry of the credit card by the Guest is complete, preventing the finalization of the booking procedure, in the absence of any data required by the system.
5.8 It is the responsibility of the Accommodation facility to run, immediately after the completion of the reservation, checks on the credit card of the Guest and to give notice to the Intermediary of any anomaly found within 48 hours of booking, to allow the Intermediary to proceed to the cancellation of the booking.
5.9 The Intermediary assumes no responsibility towards the Accommodation facility if it is not able to collect, with the data of the credit card entered by the Guest, the amounts expected, for lack of coverage or funding and / or invalidity of the credit card not promptly communicated to the Intermediary, for other reasons pertaining to the use of data, such as the use of illegal or fraudulent payment cards, or for reasons directly attributable to the same Accommodation facility , due to lack of or insufficient data verification transmitted by the guest through the Platform.
5.10 It is the responsibility of the Accommodation facility to consult constantly the Extranet system, and email and fax, checking the status of reservations and cancellations and providing timely updating of the remaining availability of accommodation. 5.11 The guest will not have to pay any money to the Intermediary for the use of the service that will be charged to the Accommodation facility in the form of Fees, as provided in the Request for Service and in these GC.
6.1 The Accommodation facility informs the Guest through the Platform, that he will not benefit by law of a right of withdrawal following the conclusion of the Hotel Agreement.
6.2 The Accommodation facility , as part of its trade policy, providing adequate information through the Platform, will have the discretion to allow the Guest to proceed, within a specified period of notice, to the cancellation of the stay without payment of any penalty (sub species of penalty clause, earnest money or reward), or provide a payment close to the date of the arrival of the guest at the Accommodation facility. The Accommodation facility will regulate the system of cancellations of the Guest's stay using only the options that the Intermediary will put at its disposal through the system.
6.3 The Accommodation facility gives indications to the Guest, on the Platform, of payments, where applicable, to which he is subject, also in the case of cancellation of the booking, even in the case of no-show of the Guest, early departures , late or early check out.
6.4 The Accommodation facility is required to give notice within the next 24 hours to the Intermediary of cancellations by the Guest or the failure of the Guest to present themselves (no-show), and to provide updates of such the information via the Extranet system within the same term, so as to place such availability available for other requests. If the cancellation is communicated directly to the Intermediary by the Guest, then the Intermediary must immediately notify the Accommodation facility of the update in question.
6.5 The Intermediary assumes no responsibility towards the Accommodation facility in the event that the Guest does not fulfil his obligations arising from the reservation, nor is the Intermediary liable for any damages which occur subsequently to the same structure Accommodation facility after cancellation, no-show or other assumptions for the non use of the services booked by the Guest
7.1 The Fees of the Intermediary is determined, in its amount, net of VAT, in the percentage measurement , established in the Request for Service, applied to the rate of the Guest, gross of VAT, as shown at the time of conclusion of the Hotel Contract by the Platform.
7.2 The calculation of the Fee payable to the Intermediary must be made on a monthly basis. The amount for the first monthly payment will be calculated based on bookings made on the days from the date of conclusion of the Service Contract to the end of that month.
7.3 Within the first 15 working days of each month following the conclusion of the Service Contract, the Intermediary will send a summary of the accommodation bookings made via the Platform in the previous month to the Accommodation facility.
7.4 The statement of reservations will contain details of individual bookings made by Guests in the previous month, the Rate applied according to the length of stay when booking electronically, the percentage calculation of the Fees according to the limit set out in the Request for Service and any other data necessary to show to the Accommodation facility as the final amount of the Fees it has been calculated by the Intermediary.
7.5 The Fees shall exclude periods of extension of stay, additional ancillary services requested or additional bookings made by the Guest, during the stay, directly at the same Accommodation facility or through any other system of distribution of tourist services.
7.6 In the case of cancellation of the stay by the Guest or his no show the Fees of the Intermediary will be determined according to the same percentage expected by the Service Request, applying that percentage on payments that the Accommodation facility imposes on the Guest, when booking electronically, by way of penalty clause, earnest money or reward.
7.7 In Case of cancellation of the stay for which the Accommodation facility has not set out penalties, the Accommodation facility is not required to make any payment to the Intermediary.
7.8 For the determination of the Fees in cases of cancellation by the Guest or his no-show, where due, the Intermediary will take account only of the communication made by the Accommodation facility to the Intermediary within 24 hours of the event or the news eventually being received directly from the Guest. In cases of lack of notification the Fees will apply on the entire Guest Rate.
7.9 Curtailments or reductions of the Fees of the Intermediary are excluded in the presence of different events, such as for example early departures of the Guest, discounts granted later to the Guest by the Accommodation facility, unavailability of accommodation due to overbooking or other inefficiencies of the Accommodation facility .
7.10 The accommodation facility will retain accurately records and account books and records of the same Structure that the Intermediary, upon prior written request, can by its consultants or auditors, inspect and take a copy of in order to verify the accuracy of the information of the communications of the Accommodation facility regarding cancellations of the Guest and / or data regarding the calculation of the Fees.
7.11 Observations for alleged errors or anomalies in the calculation of the Fees should be reported by the Accommodation facility to the Intermediary within 5 working days from the transmission of the statement of reservations, accompanied by adequate documentary evidence.
7.12 The payment of the Fees must be executed within 15 working days after the transmission of the invoice. The Intermediary will issue the invoice in the absence of findings in the statement within the period stipulated in the preceding point or, if presented, after assessing the grounds of these observations and after making any eventual corrections. The Fees shall be paid by bank transfer to the current account of the Intermediary indicated on the invoice or by SDD. Invoices will be sent by the Intermediary to the Accommodation facility at the email address or fax indicated in the Request for Service.
7.13 The Rate for guests is always given in euros.
7.14 Delay in remittance of the Fees will incur delay interest to be debited to the Accommodation facility as set out by the Legislative Decree 9.10.2002 n. 231, and subsequent modifications, relating to combating late payment in commercial transactions, in an amount equal to the interest rate applied by the European Central Bank to its most recent refinancing operations (cd. "Reference rate") plus eight (8 ) percentage points
7.15 The Fees as determined above must be paid to the Intermediary regardless of the actual collection of the Rate by the Accommodation facility and / or any disputes and complaints addressed by the Guest to the Accommodation facility.
7.16 In case of non-payment of an invoice by the due date, the Intermediary may suspend the Service guaranteeing only the management of bookings already made through the Platform until the time of suspension. Before the suspension, the Intermediary will send a written notice of 15 days to the Accommodation facility, together with the payment request for the amount due. At any time after a further 15 days from the suspension of the Service if the Structure has failed to pay or has paid invoices only partially , the Intermediary may cancel the contract by written notice which informs the Accommodation facility that it intend to enforce the avoidance clause.
8.1 The Intermediary shall transmit complaints received from the Guest immediately to the Accommodation facility (through its customer service available at firstname.lastname@example.org to another address made accessible to the public) concerning the accommodation and ancillary services which were the duty of the Accommodation facility.
8.2 The Accommodation facility will reply to the Guest for the failure or improper performance of the obligations imposed on it in relation to the Hotel Contract.
8.3 The Accommodation facility takes the previous consent of the Guest , via the Platform and before the end of the booking process, to perform services other than those agreed upon, even if of equivalent or superior value and quality, as in the case of overbooking, where the Accommodation facility , due to the unavailability of the booked accommodation, offers the guest accommodation of the same or superior category, without any additional expenses.
8.4 The Intermediary will lend their full cooperation to the Accommodation facility in order to solve the problems that have occurred the Guest, even if caused by inefficiency or negligence of the Accommodation facility. In the case of repeated complaints and reports by the Guest for deficiencies and inefficiencies related to the accommodation offered or services provided, the Accommodation facility must put in place appropriate actions for the optimization and correction of its hotel services. The Accommodation facility can request from the Intermediary, via email, the advice necessary for the optimization and correction of hotel services, through a dedicated service of tutoring. In this case, the Intermediary will provide a cost estimate, per hour / personnel units to be allocated at the Accommodation facility, the latter shall have the right to accept or decline. The Intermediary, in case of acceptance of the quotation, will provide the tutoring service using outside specialized help, it has itself identified.
8.5 The Accommodation facility undertakes to provide the optimization and correction of the point above, either directly or through mentoring proposed by the Intermediary, within a maximum period of 30 days from the written report by the Intermediary. Failing that, the Intermediary shall have the right to suspend the Service with the darkening of the Structure from the portal or cancel the Service Contract, enforcing this avoidance clause.
8.6 The Accommodation facility agrees to indemnify and guarantee the Intermediary from any action, claim, liability, damage or harm asserted by the Guest, even only exclusively to the Intermediary, for misconduct or inefficiency imputable to the Accommodation facility such as, but not limited to, pre-contractual information made through the platform which proves to be untrue, incomplete or misleading information, the lack of availability of accommodation due to overbooking or other organizational shortcomings of the Accommodation facility, liabilities pertaining to the specific activity of the hotel as per articles 1783 et seq. of the Civil Code (deposit in hotel). The Accommodation facility shall indemnify also the Intermediary from any fees or costs, including legal fees, or out of court fees, that the Intermediary was forced to sustain in relation to such claims or actions taken against him by the Guest.
8.7 The indemnity and guarantee of the Accommodation facility in favour of the Intermediary also operates with respect to any damages or loss suffered by the Intermediary because of claims, actions or proceedings that were moved or taken against him for unfair business practices and / or misleading or aggressive practices towards consumers, or misleading advertising with consequences unfair to other tourism entrepreneurs or comparative advertising which does not meet the criteria of legality established by law or other violations foreseen in the current Consumer Code, related to the content of the information provided by the Accommodation facility by the platform or its conduct. In this case, the Accommodation facility shall indemnify the Intermediary from all damages, costs and generally from any prejudicial consequence that the Intermediary may suffer in connection with such proceedings and actions taken against him.
8.8 The Intermediary has the right to recoup to claim their losses in an autonomous way towards the Accommodation facility in relation to compensation eventually paid directly by the Intermediary to the Guest or third parties.
8.9 The Intermediary and the Accommodation facility will enable the Guest, through the platform, to publish pictures or photographs that may possibly also cover the Accommodation facility. The Intermediary and the Accommodation facility do not assume any responsibility towards each other,about these publications. The Intermediary, possibly at the invitation of the Accommodation facility, can remove them at any time.
9.1The Intermediary will provide the Accommodation facility with the right of access to the software application on the Platform, to the extent necessary to enable the use of the Service, through the use of specific credentials specially provided.
9.2 The Intermediary guarantees an adequate level of professionalism in the performance of the Service and the suitability of the Platform for the management of reservations.
9.3 The Intermediary will work diligently in providing the Service and is committed to provide technical assistance to the Accommodation facility through the acquisition of the emails relating to problems that may occur with the Platform in the provision of the Service, with the power to direct such requests to specific structures for assistance given by the Intermediary.
9.4 The Intermediary may suspend the Service at any time, also without notice, in the event of network failures and failures of the equipment to provide the Service due to force majeure or unforeseeable circumstances, including the act of the third person.
9.5 The Intermediary shall have the right to interrupt the Service, without charges against him, communicating with notice of at least five hours, to the Accomodation facility in the event of changes and / or extraordinary maintenance of the system that may be necessary. He will also provide the same notice to perform upgrades and routine maintenance, repairs, site improvements of the site that could cause temporary restrictions in the use of the Service.
9.6The Intermediary shall also have the right to interrupt the Service, no charges against him, giving timely notice to the Accomodation facility where there were reasonable grounds to believe that there could be danger to the safety and / or for the data protection.
9.7 If the interruption of the Service, for the reasons stated in the previous points, should be prolonged for more than 10 days the Accomodation facility is entitled to withdraw from the Contract at no additional charge for both parties, by sending a notice of cancellation.
9.8 The Intermediary will be liable for malfunctions of the Platform or inefficiencies during the course of the service only if attributable to his intent or gross negligence.
9.9 The Accommodation facility must not tamper with and / or modify the software to manage the reservations of ownership of the Intermediary, directly or through unauthorized personnel from the same Intermediary. In such cases, as in all other cases of misuse of the Service, the Accommodation facility will be liable for any damage done to the Intermediary and to other users of the Service.
9.10 The Accommodation facility shall not disclose, directly or indirectly, including through its own staff, to third parties, the password and / or login and / or other access keys (confidential) to the Platform without the prior written consent of the Intermediary, nor can allow use to outside third parties.
10.1 The Accommodation facilities must be in compliance with the regional legislation which is respectively subject to and compliant with the relevant regional regulations concerning the technical, aesthetic and sanitary requirements, the amenities and the features of the structures, the allocation of the classification level as well as services that must be supplied by the same. The Accommodation facility must supply, when expected by regional legislation, the annual communication of prices to the Province that it intends to apply and any eventual variations
11.1The accommodation facility shall offer the public, through the Service of the Intermediary, a minimum number of rooms / apartments.
11.2 The minimum availability will be guaranteed by the Accommodation facility at the time of conclusion of the Service Contract, but the possibility remains of their reservation through other channels or directly through the Structure.
12.1 The Accommodation facility expressly acknowledges the ownership of the Intermediary of intellectual property rights (in particular copyright) pertaining to the Platform and each component, such as software, application programs, and anything else related to the operation of the Service, including the user manual or the instructions provided by the Intermediary to the Accommodation facility to use the Service and any instrument accessory that was made available or transmitted to the Accommodation facility to use the Service.
12.2 It is expressly forbidden to the Accommodation facility to reproduce, translate, adapt, transform, duplicate and make any change to all or part of the software, application programs, and any other component that allows the operation of the Platform, as well as any form of distribution to the public.
12.3 It is expressly forbidden to the Accommodation facility , except for what is needed for normal use in accordance with the General Conditions, to copy, distribute, reproduce, modify, translate, adapt in any form, also by means of automated or manual processes, the contents of the Platform (website) or databases in it.
12.4 The signing of the Request for Service by the Accommodation facility does not imply the attribution to it of any software license, including any application programs related to the Platform.
12.5 The Accommodation facility undertakes to use the Service in the manner specified by the Intermediary and use it only for the purposes of booking, corresponding to the subject of the Service Contract, with the exclusion of all other purposes not agreed with the Intermediary
12.6 The Intermediary has the right to change any section of the Platform, fix and change the setting and layout, without jeopardizing the purpose of the Service.
12.7 The Accommodation facility recognizes as belonging to the Intermediary the trademark Liforyou s.r.l. as well as other names, sign, domain names used by the Intermediary for the same site and the Accommodation facility undertakes to refrain from filing and / or obtaining registrations, in Italy or abroad, of identical or similar trademarks to those of the Intermediary, for any type of goods or service.
12.8 Granting to the Accommodation facility of any license or authorization to use the brand Liforyou Ltd. is excluded or other signs and / or logos, registered or unregistered, used by the Intermediary in the performance of the Service and its exclusive property, unless there is written consent.
12.9 Apart from using on the Platform trademarks and / or trademarks of Accommodation facility, the license on indicated signs or sub-license (if they belong to a third party), is granted to the Intermediary, free and without territorial restrictions, for their use and use for reproduction, transmission, communication and distribution to the public by any means (which may be different than the Platform) for the purposes of the Service, as well as for their use in promotional and advertising campaigns organized by the Intermediary, always with reference to the Service offered to the Accommodation services.
12.10 With regard to the texts, illustrations, photos and information material provided by the Accommodation facility for inserting or inserted directly from the same on the Platform, the Accommodation facility authorizes the Intermediary to execute on the same adaptations, modifications, additions.
13.1 The Accommodation facility ensures that the texts or images, that the same requires which are inserted into the Platform or that the same insert directly through the Extranet medium, belong to itself.
13.2 To the extent that the texts and images are protected by copyright or contain logos or signs, whether verbal or figurative, registered or unregistered, nationally or internationally, the Accommodation facility guarantees being the owner or licensee or otherwise authorized to use in any form in the conduct of its business activities, with the consent of their owners or licensees.
13.3 The Accommodation facility ensures that these logos or signs and, more generally, the content of the information provided by the Platform are not involved in dispute, seizures or attachments, or proceedings for infringement of others' intellectual property rights, including, without limitation other people's trademarks, trade names, names, other distinctive signs, such as business name or commercial name, copyrights and / or related rights. 13.4 By virtue of the guarantees expressed above, the Accommodation facility agrees to indemnify and release from liability the Intermediary from any and all claims, actions, proceedings advanced or undertaken against the latter, for infringement of any intellectual property rights of third parties in relation to signs, logos, photos, images and information material, input or inserted by the Accommodation facility on the Platform, exonerating the Intermediary from any and all liability, damage or expense directly or indirectly related to the use and contents of said material for the purposes of the Service.
14.1 In accordance with art. 39, section 7, of the TRIPs agreements and in accordance with Articles 98 and 99 of the Industrial Property Code (Legislative Decree. 10.02.2005 n. 30, as amended), each Party shall keep strictly confidential and not disclose or make public to third parties the Confidential Information of the other Party of which he becomes aware during the negotiations and of which he becomes aware in the course of using the Service or company visits to the other Party.
14.2 Confidential Information shall be deemed confidential and cannot be used, directly or indirectly, by either Party except to the extent necessary for the proper performance of the Service Contract.
14.3 Each Party shall, with reference to the Confidential Information of the other Party, agree to take all reasonable measures to keep such information secret, communicating only to its employees, contractors or consultants, if any, that will necessarily have to know them for the execution of the Service Contract, binding them to the terms and conditions of this present clause.
14.4 During the execution of the Service and after its expiration the Parties shall not disclose, publish or disseminate, copy, or use in any way any part of the Confidential Information belonging to the other Party.
14.5 Upon termination for any cause of the Service rendered in favour of the Accommodation facility, each Party shall return to the other, immediately and without retaining any copies, all Confidential Information received, including any document, instruction, manual, or other materials received for use of the Service. They are not in any case considered Confidential Information, or are not considered confidential the information and data: a) that were already in the public domain at the time of their communication, or that became successively without one Party having breached the bond of confidentiality; b) that at the time of communication are already known by the receiving Party, provided that such knowledge has not been fraudulently obtained and that the same may provide evidence of having been already in possession when the information was revealed; c) that the receiving Party is obliged to disclose in compliance with a lawful order of any Authority which can not oppose the confidentiality of confidential information; d) that the Party to which the Confidential Information belongs has specifically and previously provided, in writing, as a derogation with respect to this clause
14.6 The breach of the confidentiality obligations under this clause is a reason for termination of the Service Contract. Each Party is therefore entitled to declare the contract terminated automatically with a written letter which notifies the other Party the intention to enforce the avoidance clause here deduced
15.1 The Accommodation facility undertakes not to transfer to third parties, in whole or in part, the Service Contract, nor the rights or obligations under the Contract without the prior written consent of the Intermediary.
16.1The Service Contract lasts one year after its conclusion and will be automatically renewed from year to year unless cancelled by either Party at least 30 days before the deadline with registered mail with return receipt.
17.1 The Intermediary has the right at any time to declare the Service Contract terminated pursuant to art. 1456. civ. cod, with a written letter with which to communicate to the Accommodation facility that it intend to enforce the avoidance clause provided for therein, in the following cases of default or when the Accommodation facility: a) fails to pay the Intermediary two or more consecutive invoices within the Feesperiods established; b) fails to pay a single invoice 15 days after the suspension of the service imposed by the Intermediary in accordance with Art. 7:16 of these GC; c) assigns all or part of the Service Contract (Article 15) d) inserts into the platform information which is untrue, content which is misleading , libellous, defamatory, obscene or likely to integrate the violations in Art. 3.4 of these GC e) does not provide constant updating of information on available rooms and rates applicable (Article 3.3 and 5.10) f)does not do withdrawals from Guest credit cards in accordance with the conditions, the terms of information given and / or the extent agreed with the Guest following the conclusion of the Hotel Contract or commits abuses with the data transmitted by the Guest (Art. 5.3 and 5.4) g) does not guarantee the Guest repeatedly availability of accommodation due to overbooking or organizational deficiencies of its own h) is the recipient of repeated complaints and reports from Guests, for deficiencies and inefficiencies related to the accommodation offered or services provided and shall not engage in direct actions to optimize or correct their services, either directly or through the tutoring service proposed by the Intermediary (art. 8.5) i)tampers with and / or modifies the software of management of reservations , property of the Intermediary, directly or through unauthorized personnel from the same Intermediary (art. 9.9) j) discloses, directly or indirectly, including through its own staff, to third parties, the password and / or login and / or other access keys (confidential) to the Platform without the prior written consent of the Intermediary or allows use to outside third parties (art. 9.10) k) violates the intellectual property rights of the Intermediary on the software and / or components of the booking system, the contents of the Platform or the distinctive signs of the Intermediary (Art. 12.2, Art. 12.3, Art. 12.7) l) does not use the Service in the manner specified by the Intermediary and / or does not use it for the purposes of booking which is the matter of the Service Contract (art. 12.5) m) insert into the Platform logos, signs, trademarks, text, images, or other materials belonging to third parties without having received express permission. n) find in state of insolvency, bankruptcy agreement, receivership or liquidation bankruptcy proceedings, also voluntary, and cessation or similar events that could affect its ability to fulfill its obligations under the Service Contract or it is involved in criminal proceedings for fraud or other offenses related to cybercrime o) is subject to suspension or revocation of activities by the entities responsible for the supervision of Accommodation facility according to the regional rules applicable (art. 10) p) does not meet the minimum availability of rooms or accommodation provided for in Article 11, as long as this requirement is set out in the Request for Services
18.1 In addition to the cases already provided, the Intermediary may suspend the Service itself, upon notice to the Accommodation facility, preventing to the same the use of the Platform and shading out its offers of accommodation, in cases where it is essential to protect the interest of the Guest ie when the circumstances of default set out in points d) (misleading and untruthful or defamatory), e) (failure to update on accommodation and rates), g) (repeated overbooking), m) (violations others' intellectual property rights), or) (suspension or revocation of the activity by the supervisory body), referred to in art. 17, take place. 18.2 The termination of the relationship and / or suspension of the Service will not affect rights and obligations already arisen between the Parties by virtue of the execution of the Service Contract. In particular, the Intermediary will continue to ensure the management of the bookings made until the time of the termination and / or suspension and will retain the right to Fees accrued. In any case the Intermediary reserves the right to damages resulting from breach of the Service Contract.
19.1The Service Contract between the Intermediary and the Accommodation facility shall be governed and interpreted according to Italian law.
19.2 The Parties agree that any dispute arising between them on the interpretation, validity, performance or termination of the Service Contract shall be referred to the exclusive jurisdiction of the Court of Imperia.
The Accommodation facility declares that it is informed of all the elements provided by art. 13 of D.Legsl. 30.6.2003 n. 196 et seq. mod. and gives its consent in accordance with art. 23 in order to permit personal and company data are processed within the scope of the Service and in any case within the limits and with the purposes of the contract (to which the General Conditions are referred) and eventually communicated to the public and / or private persons as collaborators, employees or agents of the Intermediary