Conditions updated on 24/04/2019
Terms of Use drawn up pursuant to Part III, Title III, Chapter I, Section II, Section III and Section IV of Legislative Decree 206(2005 �Consumer Code� which constitute the contract that regulates the relationship between the USERS (1.1) and VACANZEANIMALI (1.1) and represent the set of rights and obligations of both.
Art. 1. INTRODUCTION
1.1 Meaning of Terms
- CONDITIONS: this contract.
- VACANZEANIMALI: website www.vacanzeanimali.it. The term VACANZEANIMALI always includes the Management Company (TREXYA srl Via Mario Angeloni 51 Perugia), its Editorial Staff, its collaborators and all the subjects who carry out activities on its behalf for the management of the site.
- CUSTOMERS: Natural or legal persons who wish to insert Structures on VACANZEANIMALI by accepting these CONDITIONS.
- VISITORS Natural or legal persons interested in contacting the CUSTOMERS' Facilities.
- USERS: set of CUSTOMERS and VISITORS
2. REGISTRATION
Registration to VACANZEANIMALI by CUSTOMERS occurs at the same time as entering the data of their Facility requested by VACANZEANIMALI, a login (email) and a password. The selection of the Box "I declare that I am of age and have read the Conditions of Use" will also be requested, an operation with which CUSTOMERS accept these CONDITIONS and declare that they are of age.
CUSTOMERS undertake to ensure that the data entered by them is true, complete and precise. In the event of errors, they must promptly correct them through their "PRIVATE AREA". With regard to errors or falsehoods in the provision of data that in any way have damaged the rights of third parties or violated legal provisions, CUSTOMERS must be held directly responsible pursuant to the law. The password is strictly personal and secret and its use is permitted, within the terms set out in the CONDITIONS, only to the CUSTOMER who has registered the Structure. CUSTOMERS are obliged to safeguard it and safeguard its secrecy. VACANZEANIMALI will not be responsible in any way for any abuse or for illegitimate, improper, incorrect, erroneous, deceptive or fraudulent use of the password and for any damages that may result to CUSTOMERS and/or third parties. In this regard, VACANZEANIMALI cannot guarantee the truthfulness of the data entered, the content of the declarations or communications in any case made through the Services offered by VACANZEANIMALI itself. Any damages caused to CUSTOMERS or third parties from the situations described above, are exclusively the responsibility of the author with total exemption of VACANZEANIMALI. VACANZEANIMALI reserves the right to take legal action to protect its rights in this regard, and to cancel the registration of the responsible CUSTOMER. All data entered will be processed and used by VACANZEANIMALI in compliance with the rules of confidentiality and security required by law, as indicated in the Information provided for this purpose. Any abuse or incorrectness of any kind must be promptly reported to the Editorial Staff of VACANZEANIMALI via the reference links (�Contact us�). The Structures will be visible once approved by the Editorial Staff and after the CUSTOMERS have validated this email address by clicking on the link that will be sent during the Structure insertion phase.
2.1 Limitations
Only one Structure can be associated with each login (email).
2.2 Commercial Information
After having entered their STRUCTURE, CUSTOMERS will receive informative and promotional messages sent by VACANZEANIMALI to the reference email address of the STRUCTURE itself. CUSTOMERS may, however, decide at any time to no longer receive these emails sent by VACANZEANIMALI by cancelling their STRUCTURE on VACANZEANIMALI as reported in Art. 7.
3. SERVICES
3.1 Foreword
VACANZEANIMALI is a web portal where CUSTOMERS can publish data relating to Accommodation Facilities in the Italian territory and VISITORS can contact the CUSTOMERS present. With regard to the costs of using the services (computers, software, telecommunication means, user telecommunication costs, etc.) the USERS are exclusively responsible for them. The use of the Services is undertaken by the USERS under their complete responsibility and VACANZEANIMALI does not offer any guarantee regarding the accuracy and reliability of the information provided, nor does it offer any guarantee regarding the results obtained through the same. The USERS also assume all responsibility for any damage that may arise to their computer system from the use of VACANZEANIMALI. VACANZEANIMALI reserves the right to modify, suspend or interrupt, temporarily or permanently, the Service as well as any part of it, with or without prior warning to the USERS. In such case, VACANZEANIMALI is in no way responsible towards the USERS themselves or towards third parties for any damages resulting from the suspension or interruption of the Service.
3.2 Use of the Services
VACANZEANIMALI undertakes to ensure the proper functioning of the website and the Services provided therein within the limits of the needs and possibilities of maintenance and management. In any case, it will not be responsible for malfunctions due to agents or events external and extraneous to the site. VACANZEANIMALI undertakes to promptly communicate any interruptions or changes in the provision of services (with absolute exemption from liability for malfunctions or negative consequences of any kind for the users' equipment). Given the possibility of reaching other websites within VACANZEANIMALI, the latter is not responsible for the consequences and events (possibly prejudicial) for USERS who have visited or otherwise used such sites. VACANZEANIMALI may allow the use of the contents inserted by CUSTOMERS to other third parties. In order to use the Services, USERS must have applications and have made the necessary settings for the correct functioning of VACANZEANIMALI. In the event of anomalies, use the "Contacts" link. Furthermore, the USER must have the skills, equipment and applications necessary to use the Internet or, where applicable, Internet, telephone and Audiotel services and acknowledges that the characteristics and constraints of the Internet do not allow them to guarantee the protection, availability and integrity of data transmissions on the Internet. VACANZEANIMALI does not guarantee that the Services will be usable correctly if the USERS' provider is unable to provide their services correctly. In this context, VACANZEANIMALI cannot be held responsible for the failure to function, unavailability or difficulty in using VACANZEANIMALI that is the consequence of inadequate hardware, malfunctions of the Member's Internet Service provider or blocks on the Internet network or for any reason beyond the control of VACANZEANIMALI. Given these conditions, VACANZEANIMALI does not guarantee that the Services will function without interruption or malfunctions. In particular, their use may be temporarily interrupted for reasons of maintenance, updating, technical improvement, modification of the content or its presentation method. To the extent possible, VACANZEANIMALI will inform USERS in advance of these types of operations.
3.3 Info and costs on the Services
Consultation for USERS of CUSTOMER facilities is free and open. CUSTOMERS can insert the Structures in VACANZEANIMALI by choosing between PREMIUM PACKAGE, TOP PACKAGE and MEGA PACKAGE in order to respond to contacts received from the portal. The PREMIUM, TOP and MEGA packages are subject to the payment of an annual subscription fee via bank transfer, check, Paypal system or cash.
At the end of the subscription period, the customer can freely decide whether to re-subscribe or not. If not, its structure will automatically become invisible in the portal lists (although the card remains active) starting from the day following the expiry of the subscription and it will no longer be able to receive contacts from portal users.
The Structure that, by registering with VACANZEANIMALI, does not purchase any of the three packages will also be invisible in the Portal listings even though its card is active. An INVISIBLE structure may at any time switch to the PREMIUM, TOP or MEGA PACKAGE by paying the corresponding fee.
15 days before the expiration date of the PREMIUM, TOP or MEGA PACKAGE, the CUSTOMER will begin to receive notices reminding him of the expiration date by which he will be able to renew it.
Once the subscription has expired, the Structure will still have the right to reactivate the PREMIUM, TOP or MEGA PACKAGE at any time. Activation will take place as soon as confirmation of payment has been received by VACANZEANIMALI.
The structure that, in addition to being invisible, wishes to no longer have the card within the portal, must proceed with the removal of its account through the link in its Reserved Area.
For all the features of the PREMIUM, TOP, MEGA packages see the page www.vacanzeanimali.it/visibilita.asp.
PROMOTIONS
a) Promotional trial period: VACANZEANIMALI can offer as a promotion, both to newly registered and to already registered Structures, trial periods within the portal in PREMIUM visibility. At the end of this promotional period, the Structures, in the event that they do not decide to purchase one of the three PREMIUM, TOP or MEGA Packages, will automatically pass into INVISIBLE status. The duration of the trial period will be at the complete discretion of VACANZEANIMALI.
b) Free contact response TICKETS: VACANZEANIMALI can offer as a promotion, both to newly registered and already registered Facilities, a limited number of tickets to be used to respond to the contacts received. In this case the facilities will be placed in BASIC visibility, a plan that has the same characteristics as PREMIUM but which always includes the display after the premium facilities, the presence of advertising in the card and the absence of telephone contact. When a facility receives a contact in BASIC visibility, the USER data is not visible and to respond to the contact it must use one of the assigned tickets. When the assigned tickets run out, the Facilities, in the event that they do not decide to purchase one of the three PREMIUM, TOP or MEGA Packages, will automatically pass to INVISIBLE status. The number of tickets assigned for the test will be at the complete discretion of VACANZEANIMALI.
3.4 Right of Withdrawal
Given the specific nature of the Services, the right of withdrawal pursuant to art. 64 of Legislative Decree 206/2005 is not applicable.
4. USER OBLIGATIONS
When using VACANZANIMALI each USER must:
- comply with all legal provisions in force in the Italian legal system;
- insert only truthful and correct content;
- not to disseminate or disclose in any way communications containing defamatory, offensive, denigratory, discriminatory, obscene, inciting violence, violent content, etc. or in any case contrary to the rules, morality and public order (or in any case capable of harming the rights and interests of third parties);
- do not enter, send, disseminate or otherwise circulate videos, photos or other means of audio or visual representation that are harmful to the rights of third parties (both patrimonial and personal) and in violation of regulations in general (legal and moral);
- do not insert into the site contact details of any kind belonging to third parties or other personal information that is not already published on the same site with the consent of the interested party;
- not to publish or disseminate, in any form, information or content that has the effect of diminishing, disorganizing, preventing the normal use of the services, interrupting and/or slowing down the normal circulation of communications between USERS through the services, such as applications, viruses, Trojan horses, sending mass messages (spam), etc.; VACANZEANIMALI reserves the right to eliminate messages sent in bulk by a USER in order to guarantee a good quality of use of the services by other members;
- not to publish or disseminate in any way references, even implicit, to other sites or means of communication that are illegal, contrary to good morals or public order;
- CUSTOMERS will be able to use the data provided by VISITORS using the contact form of the site, solely and exclusively for the purpose of responding to the specific request. For any other use they must ask for the explicit consent for the treatment to the individuals VISITORS. VACANZEANIMALI will not be held responsible for any use of the data of the VISITORS different from that strictly linked to the request received from the site. For privacy reasons, the data provided will be kept by VACANZEANIMALI for a period of 6 months after which they will be made anonymous
In the event of violation of one or more points, VACANZEANIMALI reserves the right to suspend the responsible CUSTOMER and possibly cancel his/her registration. VACANZEANIMALI also reserves the right to intervene in the way it deems most effective and appropriate to the specific situation at its sole discretion without the possibility for USERS to request refunds, compensation, or in any case advance other types of patrimonial or factual claims.
5. HOLIDAY OBLIGATIONS PETS
VACANZEANIMALI does not provide consultancy or agency services nor does it carry out any mediation activity on the services offered, limiting itself to providing a space to CUSTOMERS for the insertion of the Structures themselves. VACANZEANIMALI is not technically able to identify the USERS and cannot be held responsible for false declarations made by the USERS themselves nor for any violations of the above-mentioned rules nor for the consequent damages deriving from them to the author or to third parties, declining however any responsibility for any event deriving directly or indirectly from the contacts made by the USERS. For these reasons, the USERS are invited to pay attention when contacting the Structures.
VACANZEANIMALI reserves the right, without any right whatsoever, for CUSTOMERS to not insert and/or remove any content that, even following notification, is considered deceptive, misleading or otherwise illegitimate. Despite these controls, it is possible that data may be published that does not conform to our pre-established criteria.
6. DISCLOSED CONTENTS AND USERS' RIGHTS
Each CUSTOMER by inserting a structure on VACANZEANIMALI waives the right to assert in any form his rights on the data and all the contents generally inserted in the site and therefore intended for diffusion, even if targeted, through the services offered by VACANZEANIMALI. Reference is made in particular to the right for VACANZEANIMALI to reproduce and represent the contents concerning the structure (information, images, videos, etc.), on all or part of the VACANZEANIMALI site, in e-mail communications from VACANZEANIMALI and within any programs or advertisements. This allows VACANZEANIMALI to modify said contents in order to respect the graphic aspect of the VACANZEANIMALI site and/or to make them compatible with the relative technical performances.
7. TERMINATION OF THE RELATIONSHIP BY REVOCATION OR TERMINATION
Each CUSTOMER can remove their structure and therefore their data at any time and without specifying the reason. By using the appropriate link "MODIFY STRUCTURE", the CUSTOMER, following the established online procedure, can completely eliminate the structure without leaving any trace of their data within the site. This operation will be immediate and will not entail the reimbursement of the remaining time of use of the Subscription Fee paid. In the event of violation of the aforementioned rules and of these CONDITIONS in general (even in the event of justified reasons deemed to exist at the sole discretion of the Editorial Staff of the site), VACANZEANIMALI reserves the right to suspend, interrupt, cease or revoke the use of the service offered to the USER with the methods it deems most appropriate. In this case, the same rules indicated in the event of termination of the relationship by the CUSTOMER will apply. VACANZEANIMALI retains the right to take ordinary legal action to assert its rights against the responsible parties. The CUSTOMER data will be managed on the basis of the legislation on the processing of personal data pursuant to Legislative Decree no. 196 of 2003.
8. WARRANTIES AND RESPONSIBILITIES
The information, data and everything that is entered into VACANZEANIMALI by USERS and each USER will be personally and exclusively responsible for any inaccuracies, errors, falsehoods or incorrectness attributable to the contents entered into the site. Likewise, VACANZEANIMALI must always be considered exonerated from any type of responsibility for events and consequences deriving from the contents entered and provided by USERS. Any finding of responsibility for the aforementioned contents (for example for compensation for damages caused to other USERS, third parties or to the author of the contents), can never be a burden on VACANZEANIMALI. In the event that a responsibility (due to the USER's actions) is found on the part of these latter subjects, the USER must hold VACANZEANIMALI harmless from all possible financial consequences. This guarantee will also include all expenses incurred (including legal ones). VACANZANIMALI can never be held responsible for damages indirectly suffered by the member to the equipment used, to the contents thereof or for any other type of prejudice.
9. CHANGES TO HOLIDAYS
reserves the right to modify, according to its own unquestionable needs, the pages of the site and the elements contained therein, the methods of use of the site, the services and access to the same, the prices of access to the services, the CONDITIONS, as well as any other aspect regarding VACANZEANIMALI and its activity. The updated version of the CONDITIONS to refer to is the one present in VACANZEANIMALI. The aforementioned modifications will come into force as soon as they are put online on the site. USERS are required to constantly check the updates of the CONDITIONS by checking the date reported at the beginning of the CONDITIONS themselves online. CUSTOMERS may however always and at any time cancel their registration according to the methods indicated in Art.7.
10. APPLICABLE JURISDICTION
All disputes relating to the application of this regulation, the use of the services offered by VACANZEANIMALI and any other aspect of the relationship between the USER and VACANZEANIMALI, will fall under the exclusive jurisdiction of the Italian judges according to specific procedural regulations. Perugia is now identified as the exclusive competent court.
11. HOLIDAY RIGHTSPETS
Every element (graphic, textual, sound, etc.) contained in the site is the intellectual property of VACANZEANIMALI and cannot be used by USERS and third parties without the express authorization of the above-mentioned right holder. Unauthorized use that is not strictly personal and private must be considered illicit and likely to produce criminal and/or personal financial liability for the perpetrator of the harmful act. VACANZEANIMALI guarantees periodic monitoring of the activity aimed at avoiding exploitation or abuse of the services themselves that may harm the rights of the individual.