Last updated June 15, 2016.
The websites www.casevacanza.it, www.feries.com and any mobile applications, owned by Feries Srl, Ripa di Porta Ticinese 79, 20143 Milan (MI) - Italy, henceforth simply called “Site” or “Website”, offer to their users an online platform intended as a marketplace of properties offered as holiday rentals.
The service described above is available via the website www.casevacanza.it, www.feries.com or other partner websites, and through any other website in which the Site makes that service available, including mobile device applications.
You may not use this site for purposes other than the original one.
USER: traveller and advertiser who use the website and its mobile applications.
TRAVELLER or TOURIST: user looking for temporary tourist accommodation.
ADVERTISER or OWNER: private users or professional users that advertise properties used as holiday homes or tourist facilities for rent.
PROFESSIONAL USERS: brokers, tour operators, interested parties in the tourism and/or real estate sector such as tourism agencies, travel agencies, property managers and other similar parties.
REGISTRATION: the creation of a personal account.
HOUSE: all buildings used as holiday homes or tourist facilities for rent.
PARTNER SITES: sites with which Feries Srl has a distribution agreement.
1. Services provided to users
1.1 The Site allows advertisers to list one or more properties for rent and travellers to rent a property. The website enables interaction between advertisers and travellers, in order to facilitate rental agreements and bookings.
Since Feries Srl is not part of any lease or other agreement between travellers and advertisers, it does not act as a mediator in case of the occurrence of disputes between the parties.
1.2 Advertisers (owners or agencies) registered on this site are offered the following services:
- the opportunity to place and list ads for accommodation on the Site and Site partners;
- a web platform that displays the status of your ads;
- statistics on published housing ads;
- information or promotions from Feries Srl via email or SMS concerning this sector and other sectors of possible interest;
Feries Srl reserves the right to only provide travellers with specific data and/or information provided by the advertiser when necessary in order to run the service, in accordance with existing regulations.
1.3 Travellers registered on this site are offered the following services:
- the opportunity to find holiday accommodation by searching through ads placed on the website. The rental property search is performed independently by the traveller, Feries Srl has no obligation to replace or support travellers while searching for accommodation;
- the ability to communicate via email, using the internal message system, with advertisers who list their property on the site;
- the ability to publish, through reviews, opinions concerning their personal experience;
- information or promotions from Feries Srl via email or SMS concerning this sector and other sectors of possible interest.
Feries Srl reserves the right to provide advertisers only with specific data and/or information provided by travellers in order to run the service, in accordance with existing regulations.
1.4 The discount coupons for travellers are only valid for booking of facilities that require online reservation (Platinum Ads or Platinum Plus Ads). The discount coupon cannot be combined, nor can it be used more than once (in other words, if a traveller does not use the full amount on the coupon, the traveller cannot use the same coupon again to spend any outstanding amount), the expiration date is indicated individually in each case.
2.1 Access to some sections of the Site is restricted to registered users who create a username and password. Users who are not registered can visit public parts of the site, but will not be able to enter restricted areas unless they are authorized by having a username and password.
2.2 To publish ads on the site and use the Site’s services, you need to sign up to the Website. Registration is completed according to procedures expressly indicated in the guidelines.
2.3 You agree to manage and use the personal data of interested parties, as established by the Terms.
2.4 The user agrees to use the data of interested parties for explicit and legitimate purposes only, in accordance with the Terms. The user agrees that in using the services of Feries Srl, including the uploading of content, logos, pictures or any material posted on the Site, they are not connected to illegal activities and will not damage the image of Feries Srl nor of its third parties.
2.6 The registered account is private, made out to a natural or legal person and can be used solely by the registered user.
2.7 The user is entitled to activate a single account on the Site. It is expressly forbidden for the user to have more than one account on the Site. Actions that aim to circumvent this rule, such as creating another account using the personal data of other natural or legal persons, is expressly forbidden. Feries Srl reserves the right to investigate the veracity of user-entered data, and if it finds irregularities, has the right to suspend and/or disable accounts or ads that are in some way linked to other accounts or ads.
2.8 All information provided by the user in the registration and throughout the use of the Service must be truthful and accurate. The user must therefore ensure the authenticity and veracity of all data entered when filling out the forms necessary for registration and subscription to Feries Srl Services. Similarly, it is the user’s responsibility to keep their contact information accurate and truthful. The User is solely responsible for all information entered that is unauthentic or that damages Feries Srl or its third parties.
2.9 The username and password created to access your account on the Site are private and not transferable, and it is strictly forbidden to assign this access data to third parties. The user is responsible for use of the password, which must comply with the terms of Feries Srl. If you suspect or become aware of unauthorized use of your password, it must be changed using the appropriate online form. It is the responsibility of the user not to provide personal data to any person or entity other than those specifically authorized.
2.10 The user must comply with the laws and rights of third parties when using the contents and services of the site. It is also forbidden to reproduce, distribute, transmit, adapt or modify the contents (text, drawings, audio and graphics files, information, data, file archives and/or images, logos, etc.) and other elements of this Site, except with the prior written permission of the legal owner, or as permitted by law. The user is responsible for the misuse of data. By virtue of this clause, any action that does not comply with these Terms and/or is performed with a purpose other than that which is presented in this contract is considered illegal.
2.11 Where necessary, Feries Srl legally reserves the right to deny access, at any time and without notice, to users who violate these Terms.
2.12 By registering, the user is aware of and consents to receiving business communications (service notifications, discounts, reminders, promotions dedicated to members or other types of alerts) via email and/or SMS to the addresses provided by the user.
3. Ads & Conditions
3.1 To publish an ad you must be properly registered on the Site.
3.2 The publication of an advertisement requires a minimum quality standard and, for that reason, all ads and content are subject to prior approval prior to publication on the website. The images, location, email, telephone number and other details of the ad will be evaluated by the quality control department of Feries Srl, which reserves the right to not publish ads that do not conform to the minimum required standard of quality. Feries Srl reserves the right to partially or completely delete the information contained in the ad, if it were to be considered not duly completed, duplicated or if it does not meet the quality requirements.
3.3 The advertiser agrees to provide, if requested by Feries Srl, proof of personal identification and proof of ownership of the advertised property. Feries Srl reserves the right to request these documents at any time, even after publication of the ad. The refusal by advertisers to submit such evidence, if required, gives Feries Srl the right to suspend or cancel the ad.
3.4 The advertiser is solely responsible for advertisements, and all information included in the advertisements. The owner declares that all information provided to Feries Srl and tourists, especially that related to housing location, prices, availability calendar, services offered and housing characteristics, are truthful and updated regularly while the ad is listed on the site. Should there be any dispute between the advertiser and traveller caused by a lack of foresight by the advertiser, the latter shall be solely liable to the tourist. It is the user’s responsibility to keep such information continually updated. Feries Srl does not guarantee the accuracy nor up-to-dateness of text, content, photos, inserted comments, location of the property, reviews, suitability of the information relating to price and availability published on the Site. Users are solely responsible for the accuracy of the information concerning accommodation published on the Site.
3.5 The advertiser hereby declares to publish only original photos in his/her ad. The advertiser also agrees not to use pictures for which they do not possess the legal right, or that violate the law on personal data protection, intellectual property rights or any other third-party rights. In case of violation of these conditions the advertiser is fully responsible. The advertiser gives Feries Srl a non-exclusive, non-transferable user license for the use of photographs published in the ad for commercial or promotional purposes.
3.6 The advertisements published on the Site must be exclusive, unique and different from other ads. Posting of duplicate ads, that is ads that advertise the same house, is not allowed. Feries Srl reserves the right to change the text or remove ads in the case of duplication, and, if necessary, to withhold commission associated with the initial term of such non-conforming listing as compensation for violation of this condition.
3.7 Advertisements for Partial rentals, or multi-unit listings, can include advertisements for multiple rental accommodation within the same ad. Multi-unit listings are required to comply with the following conditions:
- the accommodation units (rooms, apartments, bungalows, …) must have the same location, and therefore the same address;
- a maximum of 5 units can be advertised in the same ad (for multi-units);
- multi-unit advertisements are only possible with the Gold, Ruby or Platinum packages.
- the Silver package allows only Entire lodging listings.
3.8 Feries Srl reserves the right to disclose information entered by users on the Site at any time to the extent permitted by the relevant law for the observance of laws and regulations.
3.9 Each listing may relate only to a specific property, which must be uniquely identified and available for short-term rentals. Specifically, the ad cannot be an overview of properties in a particular location. Each ad may contain only one property, except in the case of a multi-unit listing on the same site. Feries Srl reserves the right to change the content or remove ads if they contain descriptions of more than one property, and if necessary, to withhold commission associated with the initial term of such non-conforming listing, as compensation for violation of this condition.
3.10 The property shown in the listing may not be substituted with another property. If a member makes changes to an existing listing, substantially modifying the advertisement and turning it into another property, Feries Srl reserves the right to remove the ad and, if necessary, to withhold commissions associated with the initial term of the previously published listing, as compensation for violation of this condition.
3.11 Feries Srl assumes no liability with regard to the suitability of the accommodation and its compliance with laws in force, rules and regulations, including tax.
3.12 Feries Srl reserves the right to suspend and/or delete listings at any time and without notice to the user, if the listings violate the present Terms, whenever they are considered to be potentially harmful to the Site or to third parties, or when the listings do not correspond to the relevant requirements of Feries Srl.
3.13 Owners listing ads using the online reservation system will be suspended after the third booking refusal of the same ad. Owners will be able to relist with the Site only after choosing a package that does not provide online booking.
3.14 The subscription type you choose determines the position of the ad in the search results. An algorithm that assigns a score to each ad also determines its placement in the listings order. This score is constantly updated and ensures a dynamic and changing display order in the search results. Owners can influence the position of their ad through their subscription option and the quality of their ad, but the order of the ads’ appearance in search results is dynamic and subject to change depending on algorithmic variables. In this regard Feries Srl does not guarantee a specific position to the advertiser beyond what is offered by their chosen subscription.
4. Publication and Subscriptions
4.1 Advertisers belong to two different categories: Private Users or Professional Users. The latter comprise all those who are not private users, therefore, real estate agencies, brokers, property managers and the various professionals in the sector.
4.2 The types of publication provided by the Site differ in the two categories listed above. In either case, Feries Srl reserves the sole right not to publish ads, if they do not meet the quality criteria set by the site.
4.3 For listings placed by private users, Feries Srl allows for two modes of publication: Prepaid ads or Online Booking ads.
4.3.1 Prepaid Ads - Silver, Gold and Ruby Ads (not providing online booking). The user pays a set amount in advance in order to place these ads. With the Gold or Ruby subscription package, the user can advertise multi-listing accommodations. Each of these packages is only valid for a unique and specific listing, meaning that, for each listing, the user must choose a type of ad. The listed property cannot be replaced, at a later date, with any other property. If these terms are violated, Feries Srl reserves the right to suspend the ad, without obligation to refund the advertiser that has violated the terms. Payment for the activation of a pre-payment package must be made in advance before its activation. The advertiser is required to make all payments on time, in accordance with the provisions of the chosen contract. Payment can be made online or by bank transfer. Following successful receipt of the payment, Feries Srl validates that the purchase of the ad is in compliance with the minimum quality criteria set for the publication. It is essential to remember that banks charge a fee on the issue of the transfer and that such fees are charged to the user, as Feries Srl will receive the full amount corresponding to the product in question.
Promotions (discounts applied on the package price) activated by Feries Srl are valid until the date set by them. If the payment is made outside of the promotional period, the discount will not apply.
If the owner chooses to end the contract before the expiration date of the package agreement, no refund will be paid. If the advertiser suspends the ad and reactivates it at a later date, the package’s original contract length will not change. Therefore, it is not possible to extend the contract length in order to recover the time lost during its period of suspension. Feries Srl has the right to request that the advertiser pay interest on late payments in the case of delay or rescission of the contract. The user must specifically request an invoice or receipt for payment by the last working day of the month in which the payment was made.
Requests for receipts should be sent to email@example.com, please include the following: company, business name, registered company address, VAT number or tax code, method of payment (online or bank transfer), payment date, amount paid. For requests made after the time period set out in the terms above, Feries Srl is unable to issue a receipt.
The advertiser has the right to cancel the contract by registered letter with return receipt to: Feries Ripa Srl Ticinese 79-20143 Milan (MI), Italy, to be sent within 10 days from payment of the fee for the advertisement. In any other case of early termination of the user’s contract, Feries Srl will not refund the user.
The renewal of an ad listing is understood as entering into a new contractual agreement, so it is not possible to extend the contract or to post-date its activation. The contract renewal start date is the date of activation of a new package, which is the date that payment for the package fee is received. If the ad is suspended and later reactivated, the original expiry date of the contract does not change. If the renewal package is different from the previous contract, the new contract terms will begin as stipulated in the new contract (or when the contract is renewed).
- €1 + VAT admin fee (paid to AvaiBook SL) for each confirmed online booking;
- A commission of 2% + VAT of the advance payment made online by the traveller at the time of booking, for bank fees.
With a Platinum package the user can advertise multi-unit accommodation. Users who have the Platinum package agree to manage communications, reservations and payments exclusively through the tools provided by the website. They further agree to not provide contact details (private email, telephone or other) before confirmation of booking and to communicate with tourists exclusively via the internal messaging system on the Site. The owner agrees to not meet with the potential traveller to show the property prior to confirming the reservation. If these terms are violated, Feries Srl will impose penalties that can lead to suspension of the ad and/or of the account. The traveller payment funds, less the administration and booking fees, are released within 48 hours after the date of check-in arranged at booking, and is directly supported by a third-party company, Avaibook.com, the online payment service provider. The owner accepts and declares that Feries Srl is not involved in any way in the payment process and absolves it of all responsibility for payment.
4.3.3 Instant online booking ads - Platinum Plus Ads. The Platinum Plus package is governed by the same terms governing the Platinum package, set out in paragraph 4.3.2 above. With this unique ad package, the owner can receive an instant booking: the booking made by the traveller is considered valid and is therefore effective immediately, without the need for subsequent owner confirmation. Booking cancellations are the same as for the Platinum package.
4.4 In order to post ads, professional users must send a request for a quote to firstname.lastname@example.org specifying the number of desired ads and the duration of the advertisement. After accepting the quote and signing the fee package, the user can post their listing on the website. If a professional user publishes a listing using the format intended for private users, Feries Srl reserves the right to remove the ad, and, if necessary, withhold any fees associated with the duration of the previously published listing as compensation for violation of this condition.
4.5 At any time Feries Srl reserves the right to modify the conditions of the packages, extending or reducing the services offered. The owner will be notified of any changes that will affect the listing costs within 30 days prior to their entry into force. If the owner does not request removal or suspension of the ad, any new conditions will be understood as accepted by the owner.
4.6 The advertiser is strictly forbidden from publishing ads in the same province or municipality using different publication methods: by choosing to book online, you may not publish prepaid ads within the same province, and vice versa. The owner is strictly forbidden from establishing another account for the purpose of creating a listing that uses a different publication method other than the chosen one.
5. Additional services and Paid services
5.1 Feries Srl may from time to time provide and may occasionally add or remove additional services and/or extra paid services.
5.2 Some types of packages offer extra visibility services on other websites or on website pages of partner sites with which Feries Srl has a distribution agreement. However, Feries Srl does not guarantee the visibility of ads on websites other than the one where the ad was created.
5.3 Some types of packages offer the chance to post a descriptive video of the accommodation. It is the user’s responsibility to make sure that the material supplied for the production of the video (made by a third company through the use of the YouTube channel) is appropriate and accurate. Otherwise it will not be possible for the advertiser to request further videos. The advertiser can also purchase this service directly as an extra visibility service.
5.4 The site provides a multilingual service that the advertiser can use free of charge, recognising and accepting that this is a computer translation system that can make mistakes.
5.5 The advertiser can activate a free SMS notification system that can notify him of booking requests for the listing. The advertiser understands and accepts that the text message is not 100% reliable and may be subject to connection problems due to the mobile phone network and generally to problems that are outside the control of Feries Srl.
5.6 The advertiser can use iCal, a file format that allows users to create and share electronic calendars, to synchronise the calendars on CaseVacanza.it with those of other sites or platforms. The site allows the owner to import and/or export calendars. The advertiser who uses this service is aware that some websites allow two-way synchronisation, while others are only one-way, therefore it is the responsibility of the owner to ensure the synchronization conditions of each portal prior to proceeding with syncing. The iCal synchronisation does not unlock dates that are deleted on other websites, so the advertiser will need to unlock the dates in question on the CaseVacanza.it calendar. Any owner using this service understands and agrees that iCal is a tool that helps with the updating of the calendar and reservation management, but is not 100% reliable and therefore may be subject to issues that are outside the control of Feries Srl. Thus, Feries Srl is not liable in the case of a mistake in the synchronisation of the calendar dates. It is the owner’s responsibility to ensure that any updates are accurate.
5.7 Some types of packages offer the extra visibility system Showcase: ads appear, in rotation, above normal user search results. These featured ads appear via a rotation system: the frequency with which an ad is displayed depends on the number of other ads that have purchased this additional service in the area, municipality, province or region where the ad is located.
5.8 Diamond Ads. The Diamond package gives listings maximum online visibility, the highest of all other subscription packages. The highly visible Diamond ad can only be activated on Platinum ads, using online booking. In the event that there are multiple Diamond ads on the same list, it will be the quality of the ad, as defined by a specific algorithm, that determines its position. Upgrading to the Diamond package requires the listing to meet very specific quality standards: a consistently updated calendar (at least once a week); fully inclusive rates, updated throughout the season; completeness of the ad (all sections, even the optional ones, are to be completed); 24 photos; no more than two rejected or expired bookings. Feries Srl reserves the right to make decisions regarding these ads. Every package subscription is valid for one and only one ad; this means that the property advertised in the listing with the Diamond package cannot be replaced by another property. If these terms are violated, Feries Srl reserves the right to suspend the ad in question, with no obligation to refund the user. In case of early termination of the contract occurring before the original expiration date of the package, the advertiser will not be entitled to any refund of the contract fee.
6. Booking Cancellations
6.1 Prepaid Ads - Silver, Gold and Ruby Ads (not online booking). The annulment or cancellation of a booking shall be by agreement between the two parties. The refund, if necessary, of the deposit will be as agreed during the booking between the two parties. Since Feries Srl is not part of any lease or other agreement between the travellers and the advertiser, it does not act as a mediator in case of the occurrence of disputes between the parties.
6.2 Online booking ads- Platinum and Platinum Plus ads. Bookings made using the Site online booking platform, i.e. through the booking engine provided by technology partner AvaiBook SL, must follow precise cancellation procedures.
If the advertiser wishes to annul or cancel the booking, he must access the reserved area on AvaiBook and follow the procedures for cancellation of a booking. The traveller will receive the full deposit paid during the booking. Upon cancelling a booking, the owner will be responsible for paying the website administration fee (15% of the total booking cost) and penalty fees imposed by the booking engine Avaibook.com. The penalty fees that the owner must pay will depend upon the reason for cancellation. In the case of overbooking or of an error in the rates, the penalty fee to the owner will be (€1 + 2% of the advance payment) x 5. In the case of cancellation due to circumstances beyond the control of the owner, the penalty fee to the owner will be (€1 + 2% of the advance payment) x 2.
If the traveller wishes to cancel the booking, they must go to the available AvaiBook link. In the case of cancellation by the traveller:
- Before the cancellation deadline established by the advertiser, AvaiBook will refund the traveller their advance payment, minus the transaction processing fees (€1 + VAT on AvaiBook commission + bank commission of 2% + VAT on the deposit paid) minus Site’s service fee (15% of the total cost of the stay).
- After the cancellation deadline established by the advertiser, the traveller will lose the entire advance payment paid at the time of online booking, which will be credited to the advertiser, according to the terms of the contract.
In the event that a tourist who has made an online booking does not show up at the agreed time, and does not promptly notify the owner (within 24 hours after the scheduled check-in time), the latter may cancel the booking.
Classified Ads: Platinum or Platinum Plus ad bookings made outside the website are not subject to these conditions of cancellation, as payment has not taken place via the website’s online payment platform.
7. Reservations and Messages
7.1 Platinum and Platinum Plus ads have an Anti-Fraud Guarantee: This is a security system for the traveller, managed by technology partner AvaiBook SL, which provides protection from any fraudulent ads. The advance payment (which includes the deposit required by the owner + a fee of 15% of the total booking amount) that the traveller makes at the time of booking is retained by the system up until the traveller checks in. 48 hours after check-in, the sum, minus the website and payment provider fees, will be automatically paid to the owner via bank transfer. Bank charges, €0.30 per transfer, are charged to the advertiser and so retained, as those described above (€1 + VAT fixed fee + 2% + VAT on the advance, paid by the traveller), from the bank transfer that the owner receives when the guest checks in. In the case of fraudulent housing or online booking of a non-existent accommodation, the traveller must notify the customer service department of CaseVacanza.it within 24 hours of check-in. Subsequently, AvaiBook will refund the entire advance paid by the traveller. Disagreements between the traveller and the owner over problems with the facilities or other reasons do not fall into the anti-fraud category.
7.2 To make use of the Anti-fraud guarantee, tourists who want to book lodging online agree not to give out contact details (private email, telephone or other) before confirmation of booking and to communicate with the owners exclusively through the Site internal message system. The owner agrees not to meet with the potential traveller to show the property prior to confirming the reservation. If these terms are violated, Feries Srl will impose penalties that can lead to suspension of the ad and/or of the account.
7.3 From 1 January 2015, following the introduction of the new European tax law, the VAT applied to service fees charged to the owner and to the service fees paid by the traveller will be calculated according to the advertiser’s country of residence, according to the billing information entered at the time of package subscription.
8. Effective date, duration and termination of the paid service
8.1 These Terms are effective once the advertiser has accepted them, and Feries Srl has received the correct subscription fee.
8.2. The duration of the service depends on what the advertiser has chosen when publishing or negotiating. The period of service activity is ongoing, it is not possible to suspend and reactivate a paid service, as the duration of the contract is determined by the effective date, whether or not the service is used.
8.3 Contract termination occurs automatically as determined by these terms. No other communication by the user is necessary, except in the case of early termination of the contract, in which case the user must inform Feries Srl. In the latter case, the user will not be entitled to any refund for the early cancellation.
8.4 The advertiser will not be entitled to a refund of the payment for Services provided by Feries Srl in the following cases:
- suspension or early cancellation of the ad by the user;
- suspension or early cancellation by the Site if the terms set down in this contract have been violated.
9.1 Reviews posted by users must meet the following requirements:
- Appropriate and relevant content: The content of user reviews should be relevant to the purpose of the site, that is it relates to the search for accommodation. Obscene and threatening comments, racial, sexual and other inappropriate content are not considered suitable and will not be published.
- Referring to actual experiences of travellers: Review content should discuss actual experiences of travellers. Made-up reviews by advertisers and/or reviews not attributable to real experiences are not permitted and will not be published. Only comments made after a stay in accommodation will be published on the site; reviews referring to the phase of negotiation between users (prior to stay) cannot be considered as such, and so will not be published.
- Uniqueness and exclusivity: each user can only publish one review per accommodation.
9.2 Feries Srl is not responsible for the content of reviews written by users, however it reserves the right to carry out necessary verification before publishing reviews.
9.3 Feries Srl reserves the right to not publish and/or to remove reviews if they are not deemed appropriate for the purpose of the website. Similarly, Feries Srl reserves the right to remove parts of reviews considered biased or unfit for the website content.
10. Actions not permitted by the user
The following are not permitted by the user:
- The posting of offensive or defamatory comments addressed to other users, individuals or companies, or the use of inappropriate words or language. The Site reserves the right to decide if an action is regarded as such and act accordingly, by suspending the user or by other possible security measures;
- Supplying false and/or inaccurate information either in the compilation of the online forms required for service subscription, or in the details of the advertised property and the billing information. Similarly, the user is responsible for regularly updating the information provided on the website. The user accepts sole responsibility for any information provided in the case that the information is found to be false or inaccurate and for any damage that this same information can cause to Feries Srl or its users;
- posting, advertising, offering or distributing pornographic content or content that disrupts other users (especially through spam);
- posting, advertising, offering or distributing products, services or content protected by law as copyrights, trademarks, utility models or aesthetic models without the legal right to do so, or promoting actions against free competition, including those aimed at attracting customers (such as network systems);
- using software or scripts in connection with using this website;
- blocking, overwriting, modifying or copying, unless necessary for the proper use of the web services. For example, the use of search technologies such as ‘Robot/Crawler’ is not necessary in order to use the website, therefore it is strictly prohibited;
- reproducing public content of the website or of other users, without prior authorization;
- requiring travellers to send cash electronically, using instant money transfer services such as Western Union, MoneyGram or requesting IBAN bank transfers to prepaid cards such as Cartalis or PostePay for the full or partial payment of the rental transactions on properties. Violation of these terms or the use of other unacceptable payment methods occasionally published on the Site may result in immediate removal of the non-compliant ad from the Site, without prior notice or refund to the user;
- Any and all actions that could damage the functioning or infrastructure of Feries Srl.
The user acknowledges and voluntarily agrees to be solely responsible for use of the service and for any possible damage to the Site.
11. Disclaimer of guarantees and liability
11.1 EXCEPT AS INDICATED IN THESE TERMS, FERIES SRL WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM THE LACK OF ACCURACY, COMPLETENESS AND UPDATING OF INFORMATION POSTED BY USERS, OR FOR ANY ERRORS OR OMISSIONS REGARDING THE CONTENTS POSTED BY THEM.
FERIES SRL IS UNDER NO OBLIGATION TO VERIFY OR CHECK THE CONTENT AND INFORMATION POSTED BY USERS. FERIES SRL ASSUMES NO RESPONSIBILITY FOR THE CONTENT, DATA AND/OR INFORMATION PROVIDED BY USERS ON THIS SITE, NOR FOR THE CONTENT OF EXTERNAL LINKS PROVIDED BY THEM. IN PARTICULAR, FERIES SRL DOES NOT GUARANTEE THE ACCURACY OF THIS CONTENT.
THE OWNER IS THE ONLY AND THE LAST PERSON RESPONSIBLE FOR THE PRODUCTS AND/OR TOURIST SERVICES COVERED BY THE CONTRACT WITH THE TOURIST AND FOR THE INFORMATION POSTED IN THE ADVERTISEMENT USING THE SITE.
FERIES SRL RESERVES THE RIGHT TO REMOVE, AT ANY TIME AND WITHOUT NOTICE, FRAUDULENT CONTENT OR CONTENT THAT IS NOT CONSIDERED TO COMPLY WITH THIS SITE.
11.2 THE CONTRACTUAL RELATIONSHIP ENTERED INTO BY THE BOOKING, THAT IS FORMALIZED DIRECTLY BETWEEN THE TOURIST AND THE OWNER OF THE LODGING AND THAT DOES NOT OCCUR BY USING THE ONLINE BOOKING SYSTEM OF THE SITE, IS NOT COVERED UNDER THE GUARANTEE PROVIDED BY THE SITE. IN THE CASE OF BOOKINGS MADE OUTSIDE OF THE SITE’S ONLINE BOOKING SYSTEM. THE OWNER IS THE ONLY ONE RESPONSIBLE FOR PRODUCTS AND/OR TOURIST SERVICES COVERED BY THE CONTRACT WITH THE TOURIST AND FOR THE INFORMATION PROVIDED IN THE AD LISTED ON THE SITE. FERIES SRL IS NOT RESPONSIBLE FOR ANY BOOKING MADE BY THE TOURIST OUTSIDE THE ONLINE BOOKING PLATFORM. FERIES SRL WILL NOT BE PARTY TO THE CONTRACTUAL RELATIONSHIP BETWEEN USERS AND IT SHALL NOT BE LIABLE FOR CONTRACTED SERVICES OR FOR SERVICES TO BE PROCURED. FERIES SRL IS THEREFORE NOT RESPONSIBLE FOR ANY BOOKING THAT THE TOURIST MAKES OUTSIDE THE ONLINE BOOKING PLATFORM.
FERIES SRL IS NOT RESPONSIBLE FOR ERRORS AND/OR OMISSIONS THAT MAY INTERFERE WITH THE SUCCESS OF THE BOOKING AND STAY OF THE TOURIST. THE OWNER, DIRECTLY AND SOLELY RESPONSIBLE, WILL TAKE CHARGE OF COMPENSATION IN FAVOUR OF THE TOURIST IN THE MANNER PRESCRIBED BY THE ADVERTISING PACKAGE ACCORDING TO THE DETAILED RULES OUTLINED IN THE ADVERTISING PACKAGE SELECTED.
11.3 FERIES SRL IS NOT RESPONSIBLE FOR THE OPINIONS EXPRESSED BY USERS ON THE WEBSITE, FORUM, COMMUNITY OR OTHER PARTICIPATION PLATFORMS.
11.4 Feries Srl strives to keep its website accessible at all times. It cannot, however, guarantee continuity of service which could be interrupted for technical reasons (brief irregularities or delays in temporary service for reasons such as maintenance, security, new updates or improvements to the Service), for problems which are beyond the control of CaseVacanza.it (e.g. network problems, power outages, etc.), for problems arising from negligent or malicious conduct by the user or due to force majeure. Force majeure means, for the purposes of this contract, all events occurring outside the control of Feries Srl, such as failures of third parties, operators or service companies, government actions, lack of access to third-party networks, acts or omissions by public authorities, problems caused by natural phenomena, blackouts, etc. Feries Srl will not assume any liability, to the fullest extent permitted by law, for any damage that may result from the lack of availability or continuity of the website and related services. If an interruption of service causes the deletion of content or bookings or causes an error while logging into your account or while browsing the Site, Feries Srl is not liable in any way. Any liability of Feries Srl to the advertiser is limited to a maximum amount corresponding to the total amount received by Feries Srl directly from the user in question, during the period in which the expected performance as per the contract has not been properly realised.
11.5 Feries Srl may modify, without notice and at any time, the design, presentation and/or configuration of this website, some or all of its services, and add new ones.
11.6 Feries Srl is not liable for cases of unfair competition and illegal advertising derived from services rendered by third parties through the website, due to the lack of accuracy, completeness, relevance, and/or update of the content transmitted, received, obtained, stored, made available or accessible through the services provided by third parties on this website.
11.7 Feries Srl is not held responsible in any way for services rendered or for results obtained by third-party sites and/or partner sites.
11.9 Feries Srl, the parent company, subsidiaries, affiliates, officers, directors and/or employees will in no circumstances be liable for any type of damage that may arise from services provided by third parties through this website, by the loss of profits or any indirect, consequential, special, incidental, or punitive damages deriving from, based on or arising from the website, from these Terms, from the use of the Site by the user and/or from any transaction between users, even if Feries Srl has been advised of the possibility of such damages.
11.10 These limitations and exclusions apply regardless of the cause of the damage, whether arising from a breach of contract, breach of warranty, strict liability, unlawful act, negligence or any other legal basis, to the maximum extent that such exclusions and limitations are not prohibited by applicable law.
11.11 If the user is not satisfied with the Site or does not fully accept the provisions of these Terms, ceasing use of the Site will be the only and exclusive remedy against Feries Srl.
12. Money Back Guarantee
12.1 Users publishing an ad on our site for the first time may request activation of the Money Back Guarantee if they have chosen a Gold or Ruby prepaid subscription package. The guarantee allows for a 100% refund of the amount paid for the ad.
12.2 To activate the warranty it is necessary to forward the request to Feries Srl within 7 days from the date of publication of the ad, sending an email to email@example.com with “Request money back activation” in the subject line.
12.3 In order to benefit from the service guarantee, the user must comply with the following conditions:
- choose a publishing option for a minimum of 12 months;
- publish an advertisement with at least 20 photographs related to the house;
- update the calendar availability dates and the periods of non-availability at least every 15 days;
- receive less than 15 requests in a year for information (telephone or email contacts);
- use online payment.
12.4 The Money Back Guarantee applies only to new ads. Therefore, it is not possible to request it for renewed listings.
12.5 Only advertisers who choose the Gold or Ruby subscription package for the first time can request activation of the Money Back Guarantee. As a result, it is not possible to request it for renewed listings under the Gold or Ruby package.
12.6 The Money Back Guarantee, which provides a 100% refund of the amount paid, may be requested by buyers of the high-visibility Diamond package, if the ad does not receive bookings for a total amount equal to or greater than the amount paid for the upgrade to Diamond. All bookings made during the entire period of high visibility are counted towards the total amount: accepted, rejected, expired, and cancelled. To use the Diamond guarantee the following conditions are necessary and unavoidable:
- forward the request to Feries Srl within 7 days from the date of the ad upgrade, by sending an email to firstname.lastname@example.org with “Money Back Activation Request” in the subject line;
- the ad must comply with all the requirements in paragraph 4.3.4 of these Terms and upgrade to the requirements of the Platinum package, online booking, covered in point 4.3.2;
- it requires the proper use of messaging as covered in point 4.3.2.
12.7 All other services provided by the website and not expressly mentioned in paragraph 10 shall not be subject to the Money Back Guarantee. No refunds are established for the purchase of high-visibility services.
13. IP Monitoring
13.1 By accessing the website, users agree to tracking through their IP address.
13.2 Feries Srl reserves the right to use IP monitoring for statistical purposes or to carry out checks as deemed necessary.
13.3 In the event of unlawful use, of scams to the Site or users, and/or breach of Italian law and of these terms, Feries Srl will provide data derived from IP tracking to the State Police.
14. Copyright: Feries Srl © 2016- All rights reserved
THIS SITE IS GOVERNED BY ITALIAN AND COMMUNITY LAW AND IS PROTECTED BY NATIONAL AND INTERNATIONAL LEGISLATION CONCERNING INTELLECTUAL AND INDUSTRIAL PROPRTY RIGHTS.
ALL CONTENT ON THE SITE, AND IN PARTICULAR THAT CONTAINED WITHIN THE DATABASE (BUSINESS STUDIES, DESIGNS, TEXT, GRAPHICS DRAWINGS, LOGOS, ICONS, CODE LANGUAGE, SOFTWARE, TRADE NAMES, TRADEMARKS, INDUSTRIAL OR OTHER SIGNS SUSCEPTIBLE TO INDUSTRIAL AND COMMERCIAL USE) ARE PROTECTED BY THE INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS OF FERIES SRL AND/OR THIRD PARTIES THAT HAVE LEGALLY AUTHORIZED THEIR INCLUSION ON THE WEBSITE.
IT IS STRICTLY PROHIBITED TO DISTRIBUTE, MODIFY, TRANSFER, MAKE AVAILABLE TO THE PUBLIC, AND ANY OTHER ACTIVITY THAT IS NOT EXPRESSLY AUTHORIZED BY THE HOLDER OF THE LICENSE RIGHTS. UNAUTHORIZED USE OF THE MATERIALS AND INFORMATION FOUND ON THE WEBSITE MAY BE CONSIDERED A VIOLATION OF INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS, OF PRIVACY AND OF OTHER APPLICABLE LAWS.
ALL INFORMATION CONTAINED IN THESE SITES, SUCH AS COMMENTS, PHOTOGRAPHS, ADVICE OR IDEAS, ARE CONSIDERED TO BE FREELY AVAILABLE FOR DISTRIBUTION, THEREFORE IT IS UP TO THE USER TO TAKE CARE NOT TO PROVIDE INFORMATION THAT COULD BE USED FOR OTHER MEANS. POSTING ON THE SITE, THE USER AGREES TO THE USE OF THE DATA AND CONTENT PROVIDED FOR THE PROMOTION AND MARKETING OF FERIES SRL.
15. Applicable Law and Court of Competent Jurisdiction
15.1 THESE CONDITIONS OF USE REPRESENT THE ENTIRETY OF THE AGREEMENT BETWEEN FERIES SRL AND THE USER AND INVALIDATE ANY PRIOR WRITTEN OR VERBAL EXCHANGE BETWEEN THE SITE AND THE USER.
15.2 THESE TERMS, AS WITH ALL OTHER TERMS OF THE WEBSITE, COMPLY WITH ITALIAN LEGISLATION IN THIS FIELD AND APPLY IN ACCORDANCE WITH ITS VALIDITY, INTERPRETATION AND ENFORCEMENT.
15.3 IF IT PROVES IMPOSSIBLE TO RESOLVE A DISPUTE AS INDICATED IN THESE TERMS, FERIES SRL AND THE USER AGREE TO SUBMIT TO THE JURISDICTION OF THE COURTS AND TRIBUNALS OF MILAN, BY WHICH THE PARTIES EXPRESSLY WAIVE ANY OTHER JURISDICTION, UNLESS ITALIAN LEGISLATION STIPULATES OTHERWISE.
16. Prohibition of assignment of contract and change in circumstances
16.1 Neither this contract nor the rights deriving therefrom may be resold by the advertiser. Any transfer and resale or assignment of the contract or its rights by the user shall be considered null by Feries Srl and constitutes grounds for rescission of the contract.
16.2 The parties shall inform each other about changes in circumstances that may affect this contract.
Feries Srl Contact
If you have any questions or concerns about these Terms, please write to email@example.com
Registered Office: Ripa di Porta Ticinese 79-20143 Milano (MI) Company Registration Number / Tax Code / VAT number: 09030010962 REA Milano n. 2063831