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1.1 This document contains the rules of use of the website www.amami.it, hereinafter referred to as the Site, managed by Amami Viaggi di Marco and Michele Gasparro s.n.c., with registered office in Salerno (SA) at via Fuorni n. 11, VAT number 04827210651, REA number SA-396721, hereinafter referred to as AV. It applies to all services rendered by AV, directly or indirectly, and constitutes a legally binding contract between AV and the User who, by accessing the Site, recognizes and accepts the conditions of use.
1.2 The User acknowledges that, by continuing to browse our Site, he accepts and undertakes to observe these Terms and Conditions of Use, together with the information pursuant to Legislative Decree 196/03 on the protection of personal data and the Cookies Policy. Should he not agree and / or accept, in whole or in part, the content of the aforementioned documents, the User is invited not to use our services and to stop browsing the Site.
1.3 In the event that the User is a corporation, partnership or other entity, the person who accesses or uses the Site in the name and / or on behalf of the User, by accepting these conditions of use, declares to have full faculty.
1.4 AV reserves the right to modify, in whole or in part, the terms and conditions of use of the Site, by publishing an updated version on this web page. The new rules will be valid for the User from the time of their publication. Therefore, the User is invited to periodically visit this page in order to stay updated on the conditions of use of the Site and our services.
2. Purpose of the site
2.1 Definitions. The term “platform” refers to the website owned and controlled by AV and managed by it, on which the service is made available.
– The term “Service” refers to the online booking service, including the management of the relative payment, of the accommodation facilities made available and published on the platform.
– The term “Owner” refers to the person, natural or legal, who uses or accesses the Site to publish the property to be rented, including owners, tenants and property managers.
– The term “Traveler” refers to the user who uses or accesses the Site in order to view and book the properties published by the Owners on the platform.
2.2 AV provides an online platform that allows Travelers to view advertisements relating to accommodation facilities, obtain information about them and book periods of stay. AV can also provide additional services or functions to allow Owners and Travelers to communicate with each other and / or facilitate bookings and the use of stays. Once the reservation is made, a direct and binding contractual relationship is established between the Owner and the Traveler.
2.3 The Site is a meeting place between Travelers and Owners. AV represents a simple intermediary, not becoming part of any contractual relationship and, in the event of a dispute between the Traveler and the Owner, it is not required to act as a mediator between them. The foregoing also applies in the event that the Site facilitates a booking for a facility or the use of other tools, services or products, as AV is not part of any contract between Travelers and Owners.
2.4 Sometimes, by virtue of contractual relationships external to the Site, AV may publish with its account, on the Site and on third-party online booking sites, the accommodation facilities entrusted to it. In the cases described above, and only in such cases, AV assumes towards the Travelers all the rights, duties and obligations envisaged for the Owners by this document, with the exception of the cases and aspects specifically regulated by the Law.
2.5 The Traveler agrees to respect and be responsible under the laws and regulations applicable to the use of the Site or tools, services or products offered on the Site, and applicable to any shop concluded on the Site or in connection with the use of the same. Although not part of any legal transaction possibly between the Traveler and the Owner and not assuming any responsibility for compliance with the rules and regulations relating to the rental of the accommodation facilities published on the Site, AV may in some cases be legally obliged to provide information relating to the advertisements. in connection with investigations, disputes or administrative proceedings.
2.6 AV provides a platform on which there are announcements of accommodation published by the Owners. Such contents are the sole responsibility of the Owner or third party creator, as AV simply provides the Traveler with access to such contents, allowing him to communicate with the Owner and book stays. Although it performs its service with diligence and attention, AV cannot guarantee the accuracy, completeness and correctness of the information, nor can it be held responsible for any errors, interruptions of the service, inaccurate, misleading or false information or for their failure delivery. Each Owner is responsible at all times for the accuracy and completeness of the information, including the availability rates displayed on the Platform. The Site does not have the purpose, and must not be seen from this perspective, to recommend or support any Owner or accommodation facility published by it, in terms of quality, level of service, classification or in relation to the facilities or services and products offered. .
2.7 AV makes its services available for personal and non-commercial use only. Therefore, it is not permitted to resell, use, copy, monitor, display, download or reproduce any content or information, software, reservations, vouchers, products or services available on the Platform for any type of commercial or competitive activity.
2.8 AV will add a Service Fee to each booking made by the Traveler. It constitutes a percentage calculated on the total amount of the online booking and is charged to the Owner. The Traveler is informed of the exact amount of the Cost of the Service, falling within the rate of the stay, at the time of booking. The Cost of the Service includes the management fees and / or commissions relating to online payments due to the third party responsible for processing the payments, the amounts charged for taxes and duties or contributions of any nature, including VAT. The Traveler undertakes not to avoid or evade the Cost of the Service applied by AV.
3. Registration, user profile, private area
3.1 The Traveler interested in a structure, in order to book a period of stay, must register on the Site. AV does not authorize any person to register on the Site if they are unable to enter into a legally binding contract. At the time of registration, the Traveler is assigned a user profile, in which the data provided by him is recorded and stored.
3.2 To obtain the creation of their user profile, the Traveler must follow the instructions provided by AV during the registration process. The Traveler can register by entering his e-mail address or, alternatively, using the login credentials to his Facebook account, by clicking on the relevant login button located on the registration screen. By logging in with Facebook, the Traveler agrees to transfer their login credentials to AV and to show the list of Facebook friends who have a user profile on the Site.
3.3 The Traveler may book a period of stay through a third-party online booking site (eg. Booking.com, Expedia, Tripadvisor, Airbnb, etc.), on which AV has entered the structure. In this case, the third-party site will transmit the Traveler’s credentials to AV, who will automatically have their own user profile on the Site.
3.4 The user profile allows the Traveler to take advantage of various features and services offered by the Site, such as, for example: monitor the accommodation facilities of their interest, save the announcements of the structures, book periods of stay, exchange messages with the Owners, publish related reviews to the facilities where he has stayed.
3.5 The Traveler can, using the commands related to the profile settings, disconnect from Facebook or deactivate his / her account at any time. The Traveler accepts and agrees that AV may in any case keep data in accordance with the terms of the Privacy & Cookies Policy published on the Site.
3.6 The Traveler may send requests for information and exchange messages with the Owners on the Site. The requests sent using the Site can be viewed by AV, which reserves the right to monitor the messages exchanged from time to time between Travelers and Owners on the platform. . Any e-mail address, telephone number or other private address entered in messages exchanged through the platform or in booking requests, aimed at bypassing the Site, will be banned. Travelers must print and keep a copy of any important messages, such as payment receipts or booking confirmations.
3.7 Messages sent through the platform must be related to matters strictly relating to reservations. Spam or electronic communications of an unrelated commercial nature will not be tolerated. It is forbidden to misuse the systems and functions of the Site. The disclosure of personal information about users to third parties is prohibited, unless the user has given his explicit consent for this purpose. The User agrees to protect the personal data of other users in accordance with current legislation and, in any case, to make reasonable use of them; nevertheless, it assumes full responsibility in the event of misuse, loss or unauthorized transmission of such data.
3.8 AV assumes no responsibility or is involved in the communications between Travelers and Owners.
4. Reservations
4.1 The Traveler can book periods of stay at a facility at rates previously determined and indicated in the announcement.
4.2 The Traveler can independently make online reservations at the structure of his interest. However, it may happen that the Owner has previously reserved the right to accept the reservation made by the Traveler: in this case, the Traveler will receive confirmation or rejection of the reservation within 48 hours from the date of the request.
4.3 Once a reservation has been made, AV will send the Traveler a reservation confirmation, containing the details of the reservation and information on the destination. At the end of the stay, AV will send the Traveler an additional e-mail, inviting them to express their opinion on the property, leaving a review on the Site.
4.4 The Site allows the Owner to independently determine, at the time of publication of the structure, the rates and seasonal bands. The Owner may request that the Traveler must pay a deposit at the time of booking and establish the amount. Likewise, the Owner establishes the deadline for the payment of the balance. The Traveler is sent an e-mail warning of the expiry of the term within which to pay the balance.
4.5 In case of overbooking or unexpected unavailability of the structure, except in the cases referred to in point 4.6, the Travelers will be assigned another structure with the same characteristics as the one booked, of the same or higher category. In any case, AV does not assume and is in no way responsible towards the Traveler, or other subjects, in the event of overbooking or unexpected unavailability of an accommodation facility.
4.6 The parties are released from the obligations relating to confirmed bookings if causes of force majeure (wars, uprisings, civil and military unrest, epidemics, natural disasters, terrorist acts, malicious acts of third parties, etc.) prevent, alternatively, the Owner from placing available to the structure and / or to the traveler to enjoy it.
4.7 AV offers its services with diligence: however, it is unlikely to be able to ensure the veracity of the information regarding the structures or the existence of the same. Should the aforementioned case occur, even though it is very unlikely, AV, although not having and assuming no responsibility, undertakes, if entitled, to compensate the Traveler for any amount paid by him in order to take advantage of the stay.
5. Rates
5.1 The Owners pay AV a commission, or a small percentage of the rate, after the Traveler has used the stay at the facility. AV reserves the right to add its own mark-up to the rates, excluded from the calculation of commissions.
5.2 The rates are per accommodation, for the entire stay and are inclusive of VAT and all other taxes, unless otherwise indicated on the Site, on the voucher or on the confirmation e-mail. There may be extra costs and costs due to the choice of optional services (eg transport to the property) to be paid at the time of booking on the Site. The Owner can also provide additional costs for any extra services (extra bed, gas, etc.) to be paid at the facility and indicated in advance in the announcement. The Owner may decide to charge taxes, including the tourist tax, and / or penalties in case of no-show or cancellation. In the event of no-show or payment of the cancellation fee, the property may charge the amount relating to any taxes.
5.3 The Owner may update the rates indicated in the announcement: however, the rate updates do not apply to already confirmed bookings, for which only the rates indicated on the booking document are valid.
6. Rules for cancellation and modification of reservations
6.1 By making a reservation, the Traveler accepts and approves the cancellation and no-show rules established by them and any other rule or additional condition applicable to his reservation or during the use of the stay, including the services and / or products offered by the structure. The cancellation and no-show rules of each Owner are indicated on the advertisement pages, during the booking procedure and in the confirmation email or voucher. The Traveler undertakes, before making a reservation, to carefully check the conditions provided for the product or service he has chosen.
6.2 If the reservation requires an advance payment or a total or partial advance payment, this could be canceled without notice in the event that the remaining amount cannot be withdrawn in full on the established date, as required by the Owner’s payment policies and reservation specifics. A late payment, incorrect bank account and / or credit / debit card details or insufficient funds put the booking at risk and may result in a refusal of a refund of any prepayment, unless the Owner agrees to make the refund or allow other solutions.
6.3 The Traveler wishing to cancel a reservation must access his / her own reserved area and follow the instructions indicated on the Site. It is possible to cancel a reservation directly in the reserved area of โโthe Site. The structure may charge a cancellation penalty in accordance with the provisions of the cancellation, prepayment and no-show rules and may not provide for the right to compensation for any sums already paid. AV recommends the Traveler to carefully read the rules relating to cancellation, prepayment and no-show provided by the structure and to promptly remember subsequent payments, as required by the booking.
6.4 The Traveler can modify his reservation, reducing or booking a further period of stay at the structure. In the event that the Traveler extends his reservation, the rate provided by the Owner at the date of the modification will be applied to the additional days. Any changes to reservations can be made by contacting AV at the following e-mail address: info@amami.it.
6.5 Any complaints must be presented as soon as possible, accompanied by evidence, and in any case within 24 hours from the date of check-in at the facility. Complaints and requests received after the aforementioned period may be rejected and the applicant must renounce all claims. However, as conditions for filing the complaint, the Traveler must first try to resolve any problems directly with the Owner and must not be jointly responsible for their occurrence.
7. Payment processing
7.1 AV manages, on behalf of the Owner, the payment made by the Traveler through a third-party management service called “Stripe”, a secure server with SSL certification. Payment is securely debited from the Traveler’s credit / debit card or bank account. AV never, during the payment process or subsequently, becomes aware of the payment data provided by the Traveler. The amount thus paid is retained by AV, as a form of guarantee for the Traveler, until the use of the stay and transferred to the Owner only the day before check-out, in the case of stays longer than one night, or the very morning of check-out, in the case of one night stays.
7.2 Any payment managed by AV, and subsequently transferred to the Owner, will in any case constitute a payment by the Traveler of the total cost, or partial in the case of the payment of the deposit only, of the reservation, with final payment value of the price due, total or partial, and cannot be claimed in any way by the Traveler.
8. Accounts, Communications and Reviews
8.1 Travelers undertake to provide only correct and truthful information regarding their identity in their account and user profile, and in any other communication on the Site, including reviews to structures.
8.2 Messages sent through the Site should only relate to authentic requests relating to reservations. Spam or unsolicited commercial electronic communications of any kind will not be tolerated. It is forbidden to illegally use the Site or disclose the personal data of users of the Site to third parties, unless the latter has given explicit permission. The Traveler undertakes to protect the personal data of other users with the same standard of diligence that he would use to protect his own data and assumes all responsibility for the illicit use, loss or unauthorized transfer of such information.
8.3 Travelers can publish reviews regarding the structures they have stayed at, providing opinions on four types of features or services offered by the structure. The publication of the reviews requires the prior approval of AV. Reviews can be edited until they have been approved. AV expressly disclaims any responsibility for any reviews posted on the Site.
8.4 AV does not verify and realistically does not have the ability to verify the accuracy or otherwise of reviews. If it suspects its untruthfulness, or in the case of offensive / inappropriate content, AV may refuse to publish the reviews or remove them.
9. Substitutions
9.1 The Traveler who wants or has to give up the stay has the possibility to be replaced by another person. However, he must inform AV in writing at least 4 working days before the date set for the departure, communicating the reasons for the replacement and the generalities? of the transferee. The transferee must satisfy all the conditions for the use of the service (in particular, the requirements relating to the passport, visas, health certificates). AV may apply a penalty due to the additional expenses incurred to proceed with the replacement, to the extent that will be quantified and communicated prior to the transfer. The transferor and the transferee are jointly liable for the payment of the balance of the reservation and any replacement penalty.
10. Disclaimer
10.1 In no event, and to the extent permitted by law, AV or its managers, managers, employees, representatives, agents or persons involved in the production, sponsorship, promotion or dissemination of the Site and its contents, will be held responsible for:
– punitive, special, indirect or consequential loss or damage, loss of production, profit, income or contract, injury or damage to good name and reputation, loss of rights;
– the inadequacy of the information provided by the Owners, including rates and availability, made available on the platform;
– the services provided or the products offered by the Owner or by other business partners;
– direct, indirect, consequential or punitive damages, losses or costs suffered, paid or incurred as a result of the inability to use or the delay of the platform, but consequent or related to use;
– physical injury, death, property damage or other types of direct, indirect, special, consequential or punitive damages, losses or costs suffered, paid or incurred, legal action, errors, violations, gross negligence, intentional maladministration , omissions, negligence, misrepresentation, civil or objective liability for an unlawful act attributable, partially or totally, to the Owner or to one of the business partners (or their employees, directors, managers, agents, representatives or affiliated companies), whose products or services are directly or indirectly made available, offered or advertised on the platform or through it, including cancellations, overbooking, strike, force majeure or any other event beyond AV’s control.
10.2 The Traveler accepts and declares to be aware that it is always the Owner’s responsibility to collect, withhold, send and pay the applicable taxes to the competent authorities, calculated on the basis of the total rate of the stay. AV cannot be held responsible, nor can it be called to respond, for the collection, withholding, sending or payment to the competent authorities of the taxes applicable to the cost of the stay.
11. Rights and obligations of AV
11.1 To the extent permitted by law, AV may modify, suspend or interrupt any section of the Site at any time and without notice, including the availability of the Site’s functions, databases or content, in the event of justified legal, commercial or technical reasons. AV reserves the right to choose the design, layout and functionality of the Site. AV reserves the right to revise, correct or modify the contents or layout.
11.2 AV may occasionally carry out updates or maintenance of the Site. These operations may result in temporary restrictions on the use of the Site, its platforms and systems.
11.3 AV will try as far as possible to accurately reproduce on the Site any photograph provided by the Owner. However, the Traveler acknowledges that differences from the original photographs may arise when scanning non-digital images, due to the individual screen settings and that AV will not be liable in any way in the event of any differences.
11.4 The Traveler acknowledges that the Owners, and not AV, are solely responsible for the correctness with which images and descriptions illustrate the accommodation facility.
11.5 Verifying the online User is difficult and AV cannot assume any responsibility for ascertaining the alleged identity of each User. AV invites the Traveler to communicate directly with the Owner through the tools available on the Site, although even these cannot ensure the identity of the person with whom they are communicating. AV invites the Traveler to take all necessary measures to ascertain the identity of the Owner and to inquire about the property and details relating to the booking confirmation or the proposed booking.
11.6 The Traveler agrees to keep confidential the username and password he uses to access his reserved area of โโthe Site, and undertakes not to disclose them to unauthorized third parties, to indicate to any person to whom he has communicated such data not to disclose them to unauthorized third parties, to contact AV immediately in the event that their access data have been lost or made public. In case of unauthorized access to his account, the Traveler agrees to promptly change his data and take any measures reasonably necessary and suggested by AV. If he has communicated to third parties or has not correctly safeguarded his data, the Traveler will be responsible for all the actions carried out in his reserved area and for any fraudulent operations that he did not intend or did not want to carry out. AV has no responsibility for such events.
11.7 The Traveler acknowledges and accepts that AV is not responsible for verifying the identity of the Owners and their behavior, nor for determining the nature, conditions or very existence of a structure.
12. Copyright
12.1 AV is the exclusive owner of the Site. All content on the Site is protected by copyright and database rights. Any reproduction of the Site, either in its entirety or in part, is prohibited, including the reproduction of text, graphics and images.
12.2 The Traveler is allowed to download, view or print individual pages of the Site as proof of any agreements with AV and to keep a copy of their reservations.
12.3 If the Traveler transmits content of any type to the Site or through the same, including texts and images, he implicitly declares that he has the right to do so and that he has obtained all the necessary consent or permissions from any different owners of the contents in question.
12.4 To the extent that the advertisements and other content transmitted contain trademarks, the Traveler guarantees that he has the right to use them.
12.5 By sending content in any form to the Site, the Traveler grants AV the non-exclusive right, free of charge, transferable, irrevocable and fully assignable in sublicense to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works, display and publicly reproduce such content through any means of communication, for any purpose, in any language, anywhere and for the entire duration of the intellectual property.
13. Traveler’s responsibility and indemnities
13.1 The Traveler is solely responsible for all economic consequences resulting from any damage caused, by sending content and / or programs, to the hardware and / or software of the Site, to the system or to the data. The above consequences include any legal fees.
13.2 AV advises the Owners or, as the case may be, Travelers to obtain adequate insurance coverage for their facilities, guests or any trip. AV offers the possibility of purchasing an insurance policy directly on the Site, during the booking process of the stay. The Traveler may alternatively, or collectively, purchase the travel cancellation policy (available only for travelers of Italian nationality) and the policy for medical expenses and loss of baggage.
13.3 The Traveler hereby agrees to defend, indemnify and hold harmless AV, its representatives, managers, employees, consultants and agents from any legal action, requests for compensation, recoveries, losses, damages, claims, fines, penalties or other costs , liability and / or expenses of any type or nature.
14. Prohibitions
14.1 The Traveler must not, directly or indirectly:
– in any way, reproduce, copy, distribute, modify, make any content or databases of the Site publicly accessible;
– monitor the contents of the Site or communications with Travelers using automatic tools, with the exception of the general use of online search engines and non-commercial public archives that collect information for the sole purpose of viewing hyperlinks to the Site, provided that operate under a stable IP address or a series of IP addresses that make use of an easily identifiable agent;
– use the Site, the AV platform or systems, or any information provided by the Owners, for purposes other than those permitted;
– upload or send on the Site any content or program that may in any way damage AV devices and networks;
– publish or transmit false or fraudulent information, or take any action that could be considered “phishing” or could give rise to liability of any kind;
– induce someone to believe that any content, including the identity, of the Owner is sponsored or affiliated with AV;
– Use the Site or the tools and services of the Site for the purpose of booking or requesting to stay in a structure that is not offered for rent through a valid announcement.
14.2 Travelers are responsible for ensuring that their communications and published content, through or in connection with the Site, including reviews and communications with Owners, do not violate the law, the rights of any person or entity, or contain false information. , personal insults, any libelous or defamatory statements, anything that violates copyright or data protection law. AV may examine any data on the Site or on the platform or in its systems and delete or modify it when it is no longer correct or updated. Without prejudice to all other available remedies, AV will have the right to immediately remove from the Site any communication or content that violates these requirements and to suspend or prevent the use of any related account.
15. Termination of the relationship with AV
15.1 AV reserves the right to suspend or remove, at its sole discretion and unquestionable judgment, any Traveler account, immediately and without reimbursement of any costs or expenses borne by the Traveler, should one or more of the following cases occur:
– any content associated with a Traveler contains material that violates the guidelines published on the Site, the law, regulations in force or the rights of any person or entity;
– the Traveler has published unsuitable or abusive material on the Site;
– the Traveler substantially violates these general terms and conditions;
– the Traveler has held an abusive or offensive attitude towards an Owner or an employee or representative of AV;
– the Traveler uses a false identity;
– AV communication systems or platforms have been used in a different or improper way;
– AV reserves the right to react to any violation of the provisions of this document or improper use of the Site.
15.2 The Traveler may decide at any time to terminate the relationship with AV by deleting his account from the Site.
16. Communications with AV
16.1 The user can contact AV using, alternatively:
– the contact form prepared in the appropriate section of the website www.amami.it;
– the email address: info@amami.it
– the telephone contacts indicated at www.amami.it;
– ordinary mail addressed to the High Speed โโAgency located in Via Toscana 12, 84098 – Salerno, Italy;
16.2 Notices concerning any violations of copyright must indicate the contact details of the writer, exhaustive information on the contents in question and a formal declaration concerning the exclusive ownership of the rights to use the work, together with the declaration of not having authorized its use. .
17. Final provisions
17.1 The invalidity or non-applicability of one or more clauses contained in this document does not affect the validity of the further provisions, which will remain fully valid and effective. The titles of the clauses are inserted for the sole purpose of facilitating reading and do not affect the interpretation of these Terms and Conditions of use. No derogation from the provisions of this document is to be considered as a further or continuing derogation from this provision or any other provision. Furthermore, should AV fail to enforce a provision contained herein, this is not to be considered as a waiver of enforcing that provision in the future. Except as explicitly provided for by any other contract or additional provisions put in place for some areas of the Site, these Terms and Conditions constitute the entire contract between the Traveler and AV regarding the use of the Site. No changes can be made to this document except through an updated version published on this page.
17.2 In no case, with the exception of the conditions set out in point 17.3, AV and its representatives, managers, consultants, agents, employees or third party suppliers of a service, are considered responsible for loss of profits, direct or indirect, consequential, special damages, incidental arising from or caused by the Site or its use by users, even if AV is informed of the possibility of such damages. If the user is not satisfied with the Site, platform, systems, functions or AV services, or does not accept, in whole or in part, these conditions, the exclusive remedy will be the termination of the use of the Site.
17.3 If the Traveler meets the requirements for the application of the Consumer Code, he can use the ODR platform: http://ec.europa.eu/consumers/odr for the resolution of disputes. The Traveler may also use an extrajudicial mechanism to resolve any dispute relating to this document with the competent bodies of the Chamber of Commerce pursuant to l. 580/93. The Traveler can also use mediation pursuant to Legislative Decree no. 28/2010 and subsequent amendments, without prejudice to the possibility of using the voluntary negotiation procedures provided for in section 2, paragraph 2, legislative decree n. 28/2010.
For any dispute that may arise in relation to the validity, interpretation, execution, resolution or non-fulfillment of these Terms and Conditions, the Court of Salerno will have exclusive jurisdiction.