GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS OF Borgo Fianco a Fianco Welcome …
GENERAL TERMS AND CONDITIONS OF
Welcome to Borgo Fianco a Fianco!
§ 1 Scope and provider
(1) The General Terms and Conditions (hereinafter referred to as “GTC”) govern the contractual relationship between Borgo Fianco a Fianco SRLs (hereinafter referred to as the “Supplier”) and you (hereinafter referred to as the “Customer”), in the version valid at the time of conclusion of the contract.
(2) Deviating General Terms and Conditions of the Purchaser shall be rejected.
Please read these conditions carefully before using any service provided by Borgo Fianco a Fianco SRLs.
(3) At Borgo Fianco a Fianco we offer the following services:
Rental of cottage and apartments. Mediation of do services related to the vacation rental.
§ 2 Formation of the contract
(1) Contracts on this portal can be concluded in English and in German.
(2) The orderer must have reached the age of 18.
(3) Access to use the Borgo Fianco a Fianco service requires registration.
(4) With the registration the customer accepts the present GTC. With the registration a contractual relationship between Borgo Fianco a Fianco and the registered customer arises, which is governed by the provisions of these GTC.
(5) The presentation of the service on the website does not constitute a legally effective offer. By presenting the service, the customer is merely invited to make an offer.
(6) By ordering a chargeable service, the registered customer enters into a further contractual relationship with Borgo Fianco a Fianco that is separate from the registration. The user will be informed about the respective chargeable service and the terms of payment before the conclusion of this contractual relationship. The contractual relationship arises when the customer confirms the order and payment obligation by clicking on the button “order with obligation to pay”.
(7) You agree to receive invoices electronically. Electronic invoices will be made available to you by email or in the customer account on the Website. We will notify you for each service whether an electronic invoice is available. For more information about electronic invoices, please visit our website.
§ 3 Description of the scope of services
The scope of services offered by Borgo Fianco a Fianco consists of the following:
Mediation and rental of vacation apartment and cottage.
§ 4 Prices and shipping costs
(1) In order to use Borgo Fianco a Fianco, registration is first required.
(2) In order to purchase the services of the Website, the User must register and create a user account.
(3) If the user wishes to use a service for which a charge is made, he will be informed in advance of the charge. In particular, the user will be informed of the respective additional scope of services, the costs incurred and the method of payment.
(4) The Provider reserves the right to charge different fee models for different booking times and user groups and in particular for different periods of use, as well as to offer different scopes of services.
§ 5 Terms of payment
(1) Any fee due shall be paid to Borgo Fianco a Fianco in advance, at the time it is due, without any deduction.
(2) Certain payment methods can be excluded by the provider in individual cases.
(3) The Customer is not allowed to pay for the service by sending cash or checks.
(4) Should the Customer choose an online payment method, the Customer thereby authorizes the Provider to collect the amounts due at the time of the order.
(5) If the Provider offers payment in advance and the Customer chooses this payment method, the Customer shall transfer the invoice amount to the Provider’s account within five calendar days after receipt of the order.
(6) If the Provider offers payment by credit card and the Customer chooses this payment method, the Customer expressly authorizes the Provider to collect the amounts due.
(7) If the Provider offers payment by direct debit and the Customer selects this payment method, the Customer shall grant the Provider a SEPA basic mandate. If a payment transaction is reversed due to lack of funds in the account or due to incorrectly transmitted bank details, the Customer shall bear the costs.
(8) If the Customer is in default of payment, the Provider reserves the right to claim damages for default.
(9) Settlement may be effected by the following means of payment:
– Credit card
– Instant bank transfer
§ 6 Registration and termination
(1) A user account is for his/her sole and personal use and a user may not authorize third parties to use this account. A user may not transfer his/her account to third parties.
(2) A user is, subject to reservation, entitled to unsubscribe in writing by mail, e-mail or telephone at any time without stating a reason. At the same time, it is possible to completely and manually deactivate the user account within the data and settings. The previously concluded contractual relationship is thereby terminated.
(3) If a user has registered for a paid service, he or she may terminate the service no later than 30 days before the booking period. If this deadline is not met, the paid service will be extended by this period depending on the selected booking period and the cancellation will only take effect at the end of the subsequent booking period. Cancellation is possible by telephone, e-mail or letter and will be confirmed by us in writing. So that your cancellation can be assigned, the full name, the deposited e-mail address and the address of the customer should be indicated. In case of a cancellation by phone, the individual phone password is required.
(4) Borgo Fianco a Fianco may terminate the contract at any time at its sole discretion, with or without prior notice and without giving any reason. Borgo Fianco a Fianco further reserves the right to remove profiles and/or any content published on the Website by or on behalf of the User. In the event that Borgo Fianco a Fianco terminates the User’s registration and/or removes any profile or published content of the User, Borgo Fianco a Fianco shall have no obligation to inform the User thereof nor of the reason for such termination or removal.
(5) Following any termination of any individual use of Borgo Fianco a Fianco’s services, Borgo Fianco a Fianco reserves the right to send a notification thereof to other registered users with whom Borgo Fianco a Fianco believes to have been in contact with the user. Borgo Fianco a Fianco’s decision to terminate the User’s registration and/or notify other Users with whom Borgo Fianco a Fianco believes the User has been in contact does not imply or imply in any way that Borgo Fianco a Fianco makes any statements about the User’s individual character, general reputation, personal characteristics or lifestyle.
(7) Users are obliged not to make any intentional or fraudulent false statements in their profile and other areas of the Portal. Such information may result in civil action. The operator also reserves the right to terminate the existing contractual relationship with immediate effect in such a case.
(8) If a user’s access is blocked due to culpable breach of contract and/or the contractual relationship is terminated, the user shall pay damages for the remaining term of the contract in the amount of the agreed fee less the expenses saved. The amount of the saved expenses is set at a flat rate of 10% of the fee. Both contracting parties are free to prove that the damage and/or the saved expenses are actually higher or lower.
(9) After termination of the contractual relationship, all data of the user will be deleted by Borgo Fianco a Fianco.
§ 7 Limitation of liability (services)
(1) Borgo Fianco a Fianco assumes no responsibility for the content and accuracy of the information contained in the registration and profile data of the purchasers and other content generated by the purchasers.
(2) With regard to the service sought or offered, the contract is concluded exclusively between the respective participating purchasers. Therefore, Borgo Fianco a Fianco shall not be liable for any services provided by the participating Ordering Parties. Accordingly, all matters relating to the relationship between the Ordering Parties, including, without limitation, the services received by a Seeker or payments due to Ordering Parties, shall be addressed directly to the respective party. Borgo Fianco a Fianco shall not be held responsible for and hereby expressly disclaims all liability of any kind whatsoever including claims, benefits, direct or indirect damages of any kind, conscious or unconscious, suspected or unsuspected, disclosed or not, in any way whatsoever in connection with the aforesaid matters.
(3) Borgo Fianco a Fianco SRLs shall only be liable for damages resulting from injury to life, body or health if they are based on an intentional or negligent breach of duty by Borgo Fianco a Fianco SRLs or an intentional or negligent breach of duty by a legal representative or vicarious agent of Borgo Fianco a Fianco SRLs.
(4) Borgo Fianco a Fianco SRLs Europe shall only be liable for other damages, insofar as they are not based on the violation of cardinal obligations (such obligations, the fulfillment of which make the proper execution of the contract possible in the first place and on the compliance with which the contractual partner may regularly rely), Borgo Fianco a Fianco SRLs Europe is liable only if they are based on an intentional or grossly negligent breach of duty by Borgo Fianco a Fianco SRLs or on an intentional or grossly negligent breach of duty by a legal representative or agent of Borgo Fianco a Fianco SRLs.
(5) The claims for damages are limited to the foreseeable damage typical for the contract. In the event of default, they shall amount to a maximum of 5% of the order value.
(6) Claims for damages based on injury to life, limb, health or freedom shall become statute-barred after 30 years; otherwise after 1 year, with the statute of limitations commencing at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the person of the debtor or should have become aware without gross negligence.
(7) The provider reserves the right to check the content of a text written by a user as well as uploaded files for compliance with law and justice and, if necessary, to delete it in whole or in part.
§ 8 Offsetting and right of retention
(1) The Purchaser shall only have the right to offset if the Purchaser’s counterclaim has been legally established or has not been disputed by the Vendor.
(2) The customer may only exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.
§ 9 Cancellation policy
(1) If the Customer is a consumer, he shall have a right of revocation in accordance with the following provisions:
(2) Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period for services is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must:
Borgo Fianco a Fianco SRLs
Borgo Fianco a Fianco SRLs Contrada Gravinella 10072015 Fasano
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the model withdrawal form on our website or send us another clear declaration. If you make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such revocation.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period and you have returned the goods via our online return center within the period defined below.
For additional information regarding coverage, content, and exercise explanations, please contact our Customer Service Department.
(3) Consequences of revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.
(4) Exceptions to the right of withdrawal
You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
The right of withdrawal does not exist or expires for the following contracts:
for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal was removed after delivery or which were inseparably mixed with other goods after delivery due to their nature;
for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery;
for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs
for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
in the case of services, if Borgo Fianco a Fianco has provided them in full and you have noted and expressly agreed before placing the order that we can start providing the service and you lose your right of withdrawal upon full performance of the contract;
for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; and
for the delivery of alcoholic beverages, the price of which was agreed upon at the conclusion of the purchase contract, but the delivery of which can only take place after 30 days and the current value of which depends on fluctuations in the market over which the entrepreneur has no control.
§ 10 Data protection
(1) If personal data (e.g. name, address, e-mail address) is collected, we undertake to obtain your prior consent. We undertake not to disclose any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. In this respect, our liability is excluded.
(3) Third parties are not entitled to use contact data for commercial activities, provided that the provider has given prior written consent to the persons concerned.
(4) You have the right at any time to obtain from Borgo Fianco a Fianco complete and free information about the data concerning you.
(5) Furthermore, there is a right to rectification/deletion of data/restriction of processing for the user.
§ 11 Cookies
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are mostly so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).
(5) You can object to the storage of cookies, for this purpose a banner is available to which you can object/accept.
(6) Of course, you can set your browser so that no cookies are stored on the hard drive or already stored cookies are deleted again. The instructions regarding the prevention and deletion of cookies can be found in the help function of your browser or software manufacturer.
§ 12 Place of Jurisdiction and Applicable Law
(1) Any disagreements and disputes arising from this contract shall be governed exclusively by the laws of the Federal Republic of Italy, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The sole place of jurisdiction for orders placed by merchants, legal entities under public law or special funds under public law shall be the registered office of the Provider.
§ 13 Final provisions
(1) The contractual language is English.
(2) We do not offer products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may use Borgo Fianco a Fianco only with the involvement of a parent or guardian.
(3) If you breach these T&C and we do nothing about it, we will still be entitled to exercise our rights on any other occasion on which you breach these Terms of Sale.
(4) We reserve the right to make changes to our website, rules, conditions, including these GTC at any time. Your order will be governed by the terms and conditions of sale, terms and conditions in force at the time of your order, unless a change to these terms and conditions is required by law or government order (in which case they will also apply to orders you have previously placed). If any provision of these Terms of Sale is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
(5) The invalidity of a provision shall not affect the validity of the other provisions under the contract. Should this occur, the provision shall be replaced by another legally permissible provision in accordance with its meaning and purpose, which corresponds to the meaning and purpose of the invalid provision.