GENERAL TERMS AND CONDITIONS OF USE
Terms and Conditions updated on June 6, 2019
The websites www.casevacanza.it, www.feries.com and any related mobile application, owned by Feries S.r.l., viale Abruzzi 94 - 20131 Milan (MI) Italy, from now on referred to simply as the "Website", provide users with an online platform intended as a marketplace for seasonal rental properties.
The service described above is available at www.casevacanza.it, https://www.feries.com or at other partners’ portals and any other website through which the Website makes this service available including its application for mobile devices.
These General Terms and Conditions of Use (hereinafter "Terms and Conditions") regulate the access and use of www.casevacanza.it, www.feries.com and all the other online properties of the group and the related applications for mobile devices (hereinafter "Website" or "Portal", including the relative mobile Websites and app) that Feries S.r.l. created in order to facilitate the search for temporary and/or vacation rentals.
The Website reserves the right to change the contents of the General Terms and Conditions of Use without prior notice: users are therefore advised to read these Terms and Conditions each time they access and use the Website. The user can, at any time, access, print, download and save the Terms and Conditions. These Terms and Conditions are always available at the link https://www.casevacanza.it/condizioni-generali.
Users undertake to make diligent use of the services offered on the Website, according to the law and these Terms and Conditions, as well as keeping the respect of other users.
You are not permitted to use this Website for purposes other than those for which it was created.
USER: travelling and advertising users who uses the portal and its applications for mobile devices.
TRAVELLER OR TOURIST: travelling users who are looking for a temporary touristic rental property.
ADVERTISER: private or professional users who advertise vacation properties or tourist facilities for rent.
PROFESSIONAL USERS: intermediaries, tour operators, transversal figures in the tourism and/or real estate sector such as tourist agencies, travel agencies, property managers and other similar professionals.
REGISTRATION: the creation of a personal account.
PROPERTY: all buildings used as holiday homes or tourist facilities offered for rent.
PARTNER WEBSITES: websites with which Feries S.r.l. entered into a distribution agreement.
1. Services offered to users
1.1 Advertisers are allowed to advertise one or more rental properties and travellers to rent a property. The Website represents an interaction platform between advertisers and travellers to facilitate the renting and booking of properties.
As Feries S.r.l. is not part of any rental contract or other agreement between the traveller and the advertiser, the Website does not mediate in case of disputes between the parties.
The use of the Services is limited exclusively to adults. If the Website becomes aware of the data processing of children under the age of 18 without valid parental or legal guardian’s consent, it reserves the right to unilaterally interrupt the use of service offered, and to cancel the data collected.
1.2 We provide advertisers (owners or agencies) registered on this Website with the following services:
● the possibility of listing and advertising rental properties on the Website and on Partner Websites;
● a web platform where they can check the status of their listings;
● statistics on listed rentals;
● receipt of information and promotional ads regarding this sector and other sectors of possible interest from Feries S.r.l. via email or via SMS.
Feries S.r.l. reserves the right to provide travelling users the data and/or information entered by the advertiser only when it proves to be necessary for the provision of the service, always according to the current legislation.
1.3 We offer travellers registered on this Website the following services:
● the possibility to search for a holiday home by consulting the ads published on the Website. The search for properties is independently carried out by the traveller, Feries S.r.l. is not required to replace or support the traveller in the search for properties;
● the possibility of communicating, in the manner provided for each listing, with advertisers who list their property on the Website;
● the possibility of publishing reviews about their experience;
● suggestions for accommodation solutions based on the convenience of the proposal or on the similarity with other solutions viewed by users. Suggestions can be provided while browsing the Website, via email or text message;
● receipt of information and promotional communications on this sector and other sectors of possible interest from Feries S.r.l. via email or via SMS.
Feries S.r.l. reserves the right to provide advertisers with the data and/or information entered by the traveller only when this is necessary to perform the service, always according to the current legislation.
1.4 Travellers’ discount coupons can be redeemed only against online bookings (Platinum or Platinum Plus listings). Discount coupons cannot be combined, cannot be used more than once (this implies that if a traveller does not use the full amount of a coupon, he cannot use the same coupon a second time to use up the remaining amount), they have an expiry date that is indicated from time to time.
2.1 Users who complete and send a request for information through the Website contact form consent to the saving and the use of such data by the Website according to the Terms and Conditions and the Privacy Information.
2.2 Some sections of the Website can be accessed only by registered users as a username and password is required. Users who are not registered can visit the public sections of the Website but cannot enter the Website restricted area unless they have been authorized and have been assigned a username and password.
2.3 Registered users agree to use their accounts only for legitimate and explicit purposes, in accordance with these Terms and Conditions. Users declare that the use of Feries S.r.l. services, as well as the uploading on the Website of contents, logos, photos or any other material, is not connected to illegal activities and would not damage the image of Feries S.r.l. or third parties.
2.4 Advertisers agree to manage and use tourists’ personal data (email address, first and last name, telephone number, etc.) in accordance with the provisions of the Terms and Conditions and for the sole purpose of processing their requests.
Consequently, they are not allowed to keep tourists’ personal data or more generally the data of any other user of the Website, moreover, they are not allowed to create databases for newsletters.
2.6 The account is personal, in the name of a natural or legal person and can only be used by the registered users.
2.7 Each user has the right to activate a single registration on the Website. Users are not expressly allowed to have more than one registration. Equally, actions aiming at circumventing this rule are not allowed, such as making further registrations using the personal data of other natural or legal persons. Feries S.r.l. reserves the right to investigate the truthfulness of the data entered by users and if irregularities are detected, has the right to suspend and/or deactivate the accounts or ads that are in some way connected to the other accounts or ads.
2.8 All information provided by users through the registration and during the use of the Service must be truthful and accurate. For this purpose, users must guarantee the authenticity and truthfulness of all the data entered during the compilation of the forms necessary for the registration and subscription to the Services provided by Feries S.r.l. In the same way, it is the users’ responsibility to keep their contact information up-to-date and truthful. In any case, Users will be solely responsible for all information entered that is not authentic and that might affect Feries S.r.l. or third parties.
2.9 The username and password necessary to access users’ accounts on the Website are personal and non-transferable, and it is forbidden to transfer login information to third parties. Users are responsible for the use of their password, which must comply with Feries S.r.l. safety terms. In the event that users become aware or suspect that their password is known by third parties, they must change it using the relevant form. It is users’ responsibility not to communicate personal data to any person or company other than those specifically authorized by these Terms and Conditions.
2.10 Users must respect the laws and rights of third parties in using the contents and services provided by the Website. They are also not permitted to reproduce, distribute, transmit, adapt or modify the contents (texts, drawings, graphic and audio files, information, data, archives and / or images, logos, etc.) and other elements of this Website, subject to prior written authorization of the legal owner or except in the cases permitted by law. Users are responsible for the unlawful use of the data. By virtue of this clause, any action that does not comply with these Terms and Conditions and/or is performed for purposes other than those described in this contract is to be considered prohibited.
2.11 If deemed necessary, Feries S.r.l. reserves the right to deny access, at any time and without notice, to users who violate these Terms and Conditions.
2.12 By registering, users are aware of and consent to receive corporate communications (service notifications, discounts, reminders, and promotions dedicated to subscribers or other types of notices) via email and/or SMS to the address they entered.
3.1 To publish an ad, it is necessary to be correctly registered on the Website. Advertisers’ accounts must be in the name of the person who legitimately receives the income deriving from the promoted listing. In publishing an ad, therefore, users declare under their responsibility to be entitled to receive the income deriving from the rented property.
3.2 The publication of an ad has to meet the required minimum quality standards. For this reason, all advertisements and their contents are subject to approval before being published on the portal. Images, geographical location, email, telephone number and other information related to the ad and the user will be submitted to the approval of Feries S.r.l. quality department, which reserves the right not to publish advertisements that are not compliant with the required minimum quality standards.
Feries S.r.l. reserves the right to partially or entirely cancel the information contained in the ad if it is considered uncompleted, duplicated or does not meet the necessary quality standards.
3.3 Advertisers agree to provide, if requested by Feries S.r.l., proof of personal identification and proof of ownership of the property to be advertised. Feries S.r.l. reserves the right to require such documents at any time, even after the ad is published. The advertisers’ refusal to submit such evidence, if requested, determines the right of Feries S.r.l. to suspend or cancel the ad.
3.4 Advertisers are solely responsible for the ads and the information entered in their ad. Each advertiser declares that all information provided to Feries S.r.l. and to tourists, especially those relating to the property location, prices, availability, services offered and characteristics of the property, are accurate and updated throughout the period of the ad publication on the Website. If[Maria Han1] a dispute arises between the advertiser and the traveller, the former will be solely responsible towards the tourist. Therefore, it is up to users to continuously keep their profiles and ads updated. Feries S.r.l. does not guarantee the accuracy or updating of texts, contents, photos, comments, location of properties, reviews, price and availability information published on the Website. Users are solely responsible for the accuracy of the information on the properties listed on the Website.
3.5 Advertisers declare to post only original photos in their ads. They also declare of not using images without having obtained the relevant authorization, thus violating the laws on personal data protection, intellectual property rights or any other right of third parties. In the event of a violation of these Terms and Conditions, they will take full responsibility for it. Advertisers grant Feries S.r.l. a non-exclusive license, transferable to third parties, for the use of photographs published in the listings for commercial or promotional purposes.
3.6 The ads published on the Website must be exclusive; therefore, they must be unique and different from other listings. This means that publishing duplicate ads, i.e. ads that advertise the same property, is not permitted.
3.7 Each ad can only be related to a specific property uniquely identified and available for short-term rentals. Specifically, the listing cannot be an example of the properties available in a specific area. Each listing has to be linked to one property, except in the case of multiple rental properties located in the same building, as provided for in paragraph 3.8.
3.8 Partial rental advertisements offer the possibility to advertise more properties in the same ad.
Partial rental ads must comply with the following Terms and Conditions:
● The properties (rooms, apartments, bungalows, etc.) must have the same location; therefore, the same address, or must be located in the same building or premises and must be rented separately.
3.9 The property shown in the advertisement cannot be replaced by another property.
3.10 Feries S.r.l. assumes no responsibility about the suitability of the property and its compliance with the laws, rules and regulations in force, including tax, as all these aspects fall under the total responsibility of the advertiser.
3.11 Feries S.r.l. reserves the right to suspend and/or delete the ads at any time and without notice to the users, and possibly to retain the fees associated with the publication of such advertisements, if the ads violate these Terms and Conditions, if they are considered potentially harmful to the Website or to third parties or when they do not meet Feries S.r.l. requirements.
4. Publication and Subscriptions
4.1 Advertisers belong to two different categories: Private or Professional Users. The latter include all those users who are not private users, such as real estate agencies, brokers, property managers and the various professionals operating in this sector who carry out real estate brokerage activities.
4.2 The publication methods offered on the Website differ for the two categories mentioned above. In any case, Feries S.r.l. reserves the unquestionable right of not publishing an ad, if it does not comply with the Website quality standards.
Feries S.r.l. reserves the right to change the Terms and Conditions of the packages at any time, expanding or reducing the services offered, or modifying the terms of the service, such as the amount of commissions. Any changes relating to the accounting management of the ad will be notified to the advertisers at least thirty days prior to its coming into effect and will be considered accepted if the advertisers do not request the cancellation or suspension of their ads.
4.3 Feries S.r.l., offers two publication methods for advertisements entered by private users: Direct contact ads and online booking ads.
4.4 Direct contact ads (no online booking required)
These renting solutions can be activated by paying an advance. Each package is valid for a single and specific ad, this means that, for each listing, the user must choose its publication method.
4.4.1 Direct contact ads - "Lithium" package (pacchetto Litio)
The "Lithium" ad is a direct contact type of ad publication that expires when the number of connections set by the contract is reached. For example, 20 contact, 50 contact, 100 contact publication packages may be available.
The maximum time of publication is 24 months: after 24 months of publication, the contract will be considered expired, regardless of the number of contacts received.
4.4.2 Direct contact ads - "Ruby" package (pacchetto Rubino)
The "Ruby" ad is a direct contact type of ad publication with a time limit validity. For example, 3 month, 6 month, 12 month publication packages may be available.
During the period of validity of the "Ruby" ad publication, there is, in fact, no limit to the number of receivable contacts: at the end of the publication period provided for by the contract, the listing will be considered expired, regardless of the number of contacts received.
4.4.3 The payment for the activation of a direct contact package must be made in advance. Advertisers are required to make each payment on time, in accordance with the provisions of this kind of contract. Payment can be made online or via bank transfer. Following the receipt of the payment, Feries S.r.l. validates the purchase if the ad complies with the minimum qualitative standards required for publication.
It is essential to remember that banks charge a fee at the time of issuing a transfer and that these fees are users’ responsibility, as Feries S.r.l. must receive the full amount corresponding to the service selected.
Promotions (discounts applied on the price of a package) offered by Feries S.r.l. are valid within the established Terms and Conditions. If payment is made outside the promotional period, the discount cannot be applied.
In the event that an advertiser decides to interrupt the publication of his/her ad before its expiry date or before the number of contact provided by the package is reached, no refund, even partial, of the sum paid at the time of signing the contract can be requested. In case of suspension of the ad by the advertiser and subsequent re-activation, the duration of the package will not change. There is, therefore, no possibility of extending the duration of a package to recover its suspension period. Feries S.r.l. has the right to request the advertiser to pay default interest in the event of delay or termination of the contract.
4.4.4 Invoice or payment receipts must be explicitly requested by users at the time of the payment, according to the payment procedure. In all other cases, Ferries S.r.l. won’t issue an invoice.
The invoice for registered users with a VAT number will be issued exclusively in electronic format as required by the current legislation; therefore, it will not be possible to request an invoice in paper format.
4.4.5 Advertisers have the right to terminate the contract by registered letter addressed to Feries S.r.l. Viale Abruzzi - 20131 Milan (MI), Italy to be sent within 10 days from the payment of the Ad fee.
In any other case of cancellation by the advertiser of a paid Package before the expiry date, no amount will be refunded by Feries S.r.l.
4.4.6 The renewal of the publication of an ad has to be deemed as the signing of a new contract; consequently, there is no possibility of transfer or post-dated activation. The contractual modality chosen for the renewal will come into force starting from the date of activation of the new package which will coincide with the date of receipt of the package payment. In the event that the renewal takes place with a contractual modality different from the previous one, the entry into force of the new contractual Terms and Conditions will coincide with the date of the stipulation of the new contract (or renewal).
4.5 Advertisements with online booking
Advertisements with online booking are for properties that can be booked online through the Feries S.R.L. booking engine. By choosing an online package, advertisers declare to have read and to agree to comply with what is stated in these Terms and Conditions at paragraphs 6. Terms, content and Conditions of booking and 7. Cancellations. The publication of an ad with online booking is free. Advertisers have to pay only the following costs:
● A commission of 3% + VAT calculated on the entire amount of each confirmed booking, as compensation for the promotion service provided by Feries S.r.l.
● An annual fee of € 5 including VAT to cover the administrative costs of sending the Certificazione Unica [Income Statement], compulsory under the Law. The deduction is made only if there is at least one confirmed booking per fiscal year.
For ads published before June 4, 2018, and for which the booking engine of the partner Avaibook SL technology is in use, the Terms and Conditions signed at the time of publication shall apply. You can obtain these Terms and Conditions by writing to firstname.lastname@example.org.
4.5.1 Advertisers that subscribes to an online booking package undertake to manage communications, reservations and payments exclusively through the tools provided by the portal. Therefore, they undertake not to provide tourists with their contacts (private email, telephone number etc,) before confirming the booking and communicating with tourists exclusively through the Website messaging system. This implies that it is not possible to arrange a meeting with the potential guest to view the property before the booking is confirmed. In the event of a violation of these Terms and Conditions, Feries S.r.l. may intervene with provisions that may include the suspension of the ad and/or the account.
4.5.2 The payment of the sum received by the traveller, minus the portal commission fee and the taxes and deductions required by law, is made after at least 48 hours from the date of check-in of the booking and is actually managed by a third company, Stripe Inc., supplier of online payment services. The advertiser accepts and declares that Feries S.r.l. is not involved in any way in the payment process and releases it from any liability relating to the payment made.
4.5.3 "On request" advertisement with online booking - "Platinum" Package [pacchetto Platino]
The "Platinum" package is regulated by the Terms and Conditions listed above at paragraphs 4.5, 4.5.1 and 4.5.2, governing the ads with online booking. This type of ad allows tourists to book independently by paying an advance through the Website platform. The reservation is considered confirmed only after the advertiser’s acceptance.
Advertisers can confirm or reject any booking through their booking management panel within 24 hours from the time the tourist pays the advance on the platform. If at the end of 24 hours, the advertiser has not taken any action, the reservation is automatically cancelled by the system, and the advertiser will not be charged any sum. Advertisers who publish their ad by choosing the "Platinum" package will be suspended after the third booking rejections for the same advertisement. These advertisers will only be able to publish again on the Website by choosing a direct contact package.
4.5.4 "Immediate" advertisement with online booking - "Platinum Plus" Package (pacchetto Platino Plus)
The "Platinum Plus" package is[Maria Han2] regulated by the Terms and Conditions listed above at paragraphs 4.5, 4.5.1 and 4.5.2, governing the ads with online booking. This type of ad allows tourists to book independently by paying an advance through the Website platform, and advertisers to receive immediate reservations: the reservation made by the tourist is immediately confirmed, without any intervention by the advertiser.
4.6 Professional users who wish to publish more than one advertisement under the same contract (agencies and property managers), must send a request for a quote to email@example.com, specifying the number of ads they want to publish and their duration. Only after accepting the quote and signing the subscription proposal they will be able to publish their ads on the portal.
If one of these users enters more than one ad following the publication procedure for private users, Feries S.r.l. reserves the right to delete the ad and possibly retain the fees associated with the publication of this non-compliant listing, as compensation for the violation of this condition.
4.7 Advertisers are not allowed to publish ads with online booking and direct contact for properties located in the same Province: by choosing the ad with online booking, it will not be possible to place direct contact ads for properties in the same Province and vice versa. Advertisers are not allowed to register different accounts to circumvent this restriction.
4.8 Positioning in the ad list is determined by a system algorithm that assigns a score to each ad, taking into consideration over 20 parameters. The score of the ad is constantly updated and ensures that the order in which the ads are displayed in the search results is dynamic and subject to change. Although owners can influence the position of their ad through their choice of subscription, the completeness and correctness of the entered information, proper behaviour in communications with travellers, Feries S.r.l. cannot guarantee and does not guarantee the advertiser a concrete and specific position.
5. Additional Services and Paid Services
5.1 Feries S.r.l. makes available, and may occasionally add or remove, additional extra services and/or extra services for a fee. They may also change the price of the services.
5.2 Some types of ads offer extra visibility on other Websites or pages of partner Websites with which Feries S.r.l. has a distribution agreement. However, Feries S.r.l. does not guarantee the visibility of the ad on Websites other than the one in which the ad was created.
5.3 The Website provides a multilingual service that advertisers can use for free, recognizing and accepting that this is a system of static machine translation subject to errors.
5.4 Some types of ads allow you to activate the free SMS service, which informs advertisers about booking requests regarding published ads. The Advertiser understands and accepts that the SMS is not 100% reliable and may be subject to connection problems due to mobile phone networks and in general to problems that are beyond the control of Feries S.r.l.
5.5 Advertiser can use iCal, a file format that allows users to create and share electronic calendars, to synchronize the Website's calendars with those of other Websites or platforms. The Website allows advertisers to import and/or export calendars. Advertisers who use this service should be aware of the fact that some portals allow two-way synchronization, others only one-way, so it will be up to the advertisers to inquire about the synchronization Terms and Conditions of each portal before proceeding with the synchronization. The iCal synchronization does not unblock the dates that are deleted on other portals therefore, it will be the advertisers’ responsibility to unblock the relevant dates on our Website calendar. Advertisers who uses this service understands and accepts that iCal is a tool that facilitates the updating of the calendar and the management of bookings, but it is not 100% reliable and may be subject to problems beyond the control of Feries S.r.l. In this regard Feries S.r.l. will not be held responsible in case of failure to synchronize the dates on the calendar. It will be the advertisers’ responsibility to ensure that the update was performed correctly.
6. Modality, content, and Terms and Conditions of bookings
6.1 By completing the booking request form in the ad with online booking, travellers and their travelling companions explicitly and without reservation accept these Terms and Conditions.
6.2 By completing the form and the reservation request procedure, travellers directly request Advertiser to book a stay at the chosen property, therefore the responsibility for the quality and Terms and Conditions of the stay is exclusive of the Advertisers (for example cleanliness or suitability of the property).
6.3 The Website acts as a mere platform on which Advertisers and Travellers interact with each other for the purpose of booking rental properties.
6.4 Feries S.r.l. offers an independent and secure booking management platform, which aims at guaranteeing the commitment of both Advertisers and Travellers, and the booking for both parties. In no way, however, does Feries S.r.l. intervene in the contractual relationship deriving from the booking, which is formed directly between Advertisers and Travellers. The Advertiser is the only person responsible for the tourism products and/or services contracted.
6.5 Feries S.r.l. neither act as agent of Advertisers or Travellers, nor performs activities similar to those of an agent or a mediator.
6.6 The Property information shown in the booking were directly entered by the Advertiser, including prices and availability dates; therefore, Feries S.r.l. is not responsible for errors or omissions that may affect the successful completion of the booking and the client's stay.
6.7 The booking process requires the provision of the information necessary to formalize the contract between the Advertiser and the Traveller, including the start and end date of the stay, the number of guests and the Traveller’s information as the party who makes the booking. Travellers are responsible for correctly entering their data and for verifying that their preferences about prices and dates match the information shown in the ad about the selected Property.
6.8 Advertisers have two options for confirming the booking requests of their Property: "Upon request" (the Advertiser must confirm the booking request within 24 hours of receipt) or "Immediate" (the confirmation occurs automatically when the tourist completes the payment). The Travellers are informed about the confirmation method chosen by the Advertiser during the booking process.
6.9 When the Advertiser confirms the booking, the Traveller will be charged an advance, which corresponds to a part of the total cost of the booking determined by the Advertiser, plus the costs of the booking management service. These amounts are shown in detail during the booking process. The booking is considered completed when the advance payment is successfully processed. From January 1, 2015, following the entry into force of the new European tax law, the VAT applied to the service costs paid by the advertiser and by the traveller will be calculated based on the country of residence of the Advertiser, according to the billing information entered when he/she selected the ad package.
6.10 According to the form of payment selected among those offered, Travellers have a limited time frame during which their payment has to be processed and validated by Feries S.r.l. If their payment is not validated within the established period, the reservation is automatically cancelled. In this case, any amount already debited (in case of a payment made that could not be validated within the specified timeframe) will be returned to the Traveller and no booking confirmation will be issued.
6.11 With the "On Request" option, the acceptance or rejection of the booking by the Advertiser is carried out within 24 hours from the completion of the booking process. In the event that the booking is accepted, the advance requested by the advertiser will be automatically debited to the credit or debit card provided by the Traveller at the time of submitting his/her request. In the event that the booking is rejected by the advertiser, no contact is initiated between the Advertiser and the Traveller. With the "Immediate" option, the booking confirmation and the advance payment are immediately processed.
6.12 Once the booking is confirmed, the Traveller receives its confirmation by email and can view the booking receipt that shows the property contact details and a voucher with all the necessary information. Travellers must present the voucher, together with any other document requested during the booking process, to the property manager at the beginning of their stay.
6.13 The balance of the amount due (in the event that the Advertiser has set an advance lower than the total amount of the booking) will be collected at a later time, in the form and time indicated by the Advertiser, and separately from the booking process. This amount may vary from the one specified in the booking receipt if the Traveller chooses additional services not explicitly included in the booking.
6.14 The online payment service is subject to the Terms and Conditions of the third-party payment provider and Travellers accept and acknowledge that Feries S.r.l. has no control or responsibility regarding this service. In particular, for ads published after June 4, 2018, payment processing services for the portal users are provided by Stripe Inc. and are subject to the terms and conditions of the Stripe Inc. Connected Account Agreement, which includes the Stripe Terms of Service, collectively referred to as the "Stripe Services Agreement". By accepting these Terms and Conditions or by continuing to operate as advertisers on the portal, users agree to be bound by the Stripe Inc. Service Agreement and any changes made by Stripe Inc. from time to time. In order for Feries S.r.l. to offer such payment processing services via Stripe, users agree to provide Feries S.r.l. with accurate and complete information about themselves and their company and authorize Feries S.r.l. to share such information and transaction data related to the use of the payment processing services provided by Stripe Inc. By choosing this booking options, the Traveller utilize Stripe Inc. service to make the payment of the full or partial booking amount, according to the payment policy defined by the Advertisers.
6.15 Unless otherwise indicated in the specific Rental Terms and Conditions, the price is set per stay and property and may include all applicable taxes. The Terms and Conditions relating to the normal consumption of water, gas and electricity, towels and sheets, kitchen utensils, crockery and tools necessary to live in the property are defined by the Advertiser, independently of Feries S.r.l.
6.16 The extras not selected in the booking process, the additional services not expressly indicated in the booking receipt or in the property description, as well as any required deposit, must be agreed with the Advertiser and paid during the stay.
6.17 The number of occupants of the rental Property cannot be greater than the number indicated in the ad. If not indicated, the maximum capacity will be understood as the result of 2 people per double bed or twin beds, and 1 person per single or additional bed. The Advertiser may refuse to admit into the Property a higher number of people than that stated in the contract.
6.18 Pets are allowed only if it is explicitly stated in the property booking Terms and Conditions and in agreement with the Advertiser. If this rule is violated, the Advertiser may decide to remove the Traveller without refund.
6.19 Travellers undertake to keep the Property clean, tidy and in the condition in which they found it. They also undertake to follow the use and maintenance instructions received by the Advertiser and to respect the schedules and rules related to access, garbage collection, water consumption and any other community, environmental or building regulations.
6.20 If Travellers do not comply with these rules, Advertisers may demand their removal without refund and compensation for the damages caused, which would be deducted from the advance.
6.21 The return of the keys will take place at the address and date indicated on the booking receipt or in the manner agreed directly between Advertisers and Travellers.
6.22 In case of check-in after the time indicated in the agreement, the Traveller must contact the Advertiser to communicate the approximate time of arrival and arrange the delivery of the keys. The contact details of the Advertiser can be found on the booking receipt.
7. Cancellation of Reservations
7.1 Direct contact advertisements (no online booking required)
booking revocation or cancellation management is defined by the agreement between the two parties. Any refund of the advance will be done according to what was agreed between the two parties at the time of booking. Feries S.r.l. is not part of any rental contract or any other agreement between travellers and advertisers, therefore the Website does not mediate in cases of dispute between the parties.
7.2 Advertisements with online booking
Reservations made through the online booking platform of the Website must follow precise cancellation procedures.
7.2.1 In the event of the revocation or cancellation of a booking by the advertiser, the latter has to access his own reserved area and follow the procedures indicated for booking cancellations. The traveller will be refunded the entire advance paid as a deposit for the booking. To cancel a booking, the advertiser has to pay the portal the commission paid by the tourist (14% calculated on the booking total amount) and the transaction management fees (3% commission + VAT calculated on the booking total amount). For ads published before June 4 and for which the booking engine of the Avaibook SL technology partner is used, the Terms and Conditions signed at the time of the publication shall apply. You can obtain these Terms and Conditions by writing to firstname.lastname@example.org.
7.2.2 If travellers want to cancel a reservation, they must directly access the link made available in the booking confirmation email. In the event of the revocation or cancellation of a booking by the traveller:
A. before the confirmation of the booking by the Advertiser,: Feries S.r.l. will return to the traveller the full amount of the advance paid as a deposit, without charging any service fee.
B. within the terms established by the cancellation policies set by the Advertiser: Feries S.r.l. will return to the traveller the advance paid as a deposit, less the portal commission (equal to 14% of the booking total amount). In this case, nothing is due to the advertiser.
C. beyond the terms established by the cancellation policies set by the advertiser: the Traveller will lose the entire amount paid at the time of the online booking, which will be credited as compensation to the Advertiser, in the manner prescribed by the contract, i.e. less the costs of management of the transaction (the commission of 3% + VAT on the booking total amount) and of the portal commission (equal to 14% of the booking total amount).
For ads published before June 4 and for which the booking engine of the Avaibook SL technology partner is used, the Terms and Conditions signed at the time of publication shall apply. You can obtain these Terms and Conditions by writing to email@example.com.
7.2.3 In the event that a tourist who made an online booking does not present himself at check-in without prior cancellation of the booking, the advertiser must cancel the reservation by writing an email to Feries S.r.l. at firstname.lastname@example.org within 24 hours after the scheduled check-in date. For example, if the check-in is scheduled for August 2, the Advertiser should send an email to email@example.com no later than 11:59 pm on August 3.
In the event that the Advertiser does not comply with this condition, the booking will be considered valid for all purposes, and its dates will remain unavailable on the ad calendar; therefore, the advertiser will not be able to receive other reservations for the dates of the booking. Furthermore, in the event that the owner does not comply with this condition, any taxes and/or deductions required by law will regularly be deducted from the sum that will be sent to the owner.
7.3 All bookings whose payment is not made through the online booking platform of the Website are not subject to these Cancellation Terms and Conditions.
7.4 Feries S.r.l. makes available to Advertisers an availability management system that prevents the overbooking of the property. In case the Advertiser does not, fully or partially, use it, in the event of an overbooking, he must give priority to the booking made through the Website. If he cannot do so, he must provide the Traveller with a property for the selected dates of equal or higher quality, or at a lower cost, with respect to the one initially booked, taking care himself of the management of such operation and of whatever cost should arise. If this option is not possible or if the Traveller does not accept the change, the reservation must be cancelled, and the advertiser will be required to reimburse the Traveller for the full amount paid as an advance, including the booking service management fees.
8. Anti-fraud Guarantee
8.1 Ads with the online booking option are covered by the Anti-fraud Guarantee: this is a security mechanism for travellers that ensures protection against any fraudulent ads, i.e. non-existent or inaccessible properties. The advance payment that the traveller makes at the time of the online booking is withheld from the system until the travellers’ check-in. After 48 hours from their check-in, the sum, deducted of the portal fee, will be automatically paid to the Advertiser by bank transfer. In cases of fraudulent properties or online booking of non-existent facilities, the traveller must notify the Website Customer Service within 24 hours from the check-in date by writing to firstname.lastname@example.org. Subsequently, Feries S.r.l. will refund the traveller the full amount paid as an advance. The Anti-fraud Guarantee does not cover cases of disagreement between the traveller and the advertiser due to the inadequacy of the rental Property, a service or any other reason that does not relate to fraudulent advertisements.
8.2 To take advantage of the Anti-fraud Guarantee, tourists who want to book a property with the online booking option undertake not to provide contact details (private email, telephone etc.) before confirming the booking and to communicate with the owners exclusively through the Website messaging system. This implies that it is not possible to arrange a meeting with the potential guest to view the property before the booking is confirmed. In cases where these rules are violated, the Anti-fraud Guarantee will not apply. Moreover, Feries S.r.l. will have to intervene with penalties that can result in the suspension of the ad and/or the account.
9. Entry into force, duration and termination of the paid service
9.1 With regard to the paid services offered by the Portal, these Terms and Conditions will come into effect once the advertiser has accepted them and Feries S.r.l. has received the sum paid by the user for the selected Service.
9.2. For packages with a specific duration, the period of activity of the purchased Service is continuous. The possibility of postponing the date of termination of the service is not contemplated, as the duration of the contract is calculated from the date of entry into force of the same, regardless of whether or not the Service is used.
9.3 The contract is automatically terminated as established by these Terms and Conditions.
No communication will be necessary to terminate the contract, with the exclusion of early termination of the contract that users must communicate to Feries S.r.l. by writing to email@example.com.
In this case, users will not be entitled to any refund for the interruption of the Service.
9.4 Advertisers will not be entitled to a refund of the payment made for the activation of the Services provided by Feries S.r.l. in the following cases:
● suspension or early cancellation of the ad by the user;
● suspension or early cancellation of the ad by the Website if the Terms and Conditions established by this contract are violated.
10.1 Reviews published by users on the Website must meet the following requirements:
● Appropriate and relevant content: the contents of the reviews must be relevant to the purpose of the Website, i.e. concerning the search for properties. Comments that are obscene, threatening, racially motivated, sexual and other inappropriate content will not be considered suitable and will not be published on the Website.
● Reference to travellers’ real experiences: the contents of the reviews must relate to actual experiences of travellers. Self-reviews by advertisers and/or reviews not attributable to real experiences are not allowed and will not be published on the Website.
Only comments inserted after a period of stay at the rental property will be published; reviews that refer to the negotiation process between users (prior to the stay) cannot be considered as such and therefore will not be published.
● Uniqueness and exclusivity: each user can publish only one review per rental property.
10.2 Feries S.r.l. is not responsible for content concerning users’ reviews; however, it reserves the right to carry out the necessary controls before publishing reviews.
10.3 Feries S.r.l. reserves the right not to publish and/or remove reviews if it does not consider them suitable for the purpose of the Website.
Likewise, Feries S.r.l. reserves the right to remove parts of reviews that are considered biased or unsuitable for the contents of the Website.
11. Actions not allowed to the user
On CaseVacanza.it, Feries.com and all the other online properties of the group users are not permitted to:
● impose different terms and conditions or terms and conditions based on ethnicity, skin colour, geographical origin, religion, sexual orientation, gender identity or marital status;
● refuse a guest based on ethnicity, skin colour, geographical origin, religion, sexual orientation, gender identity and/or marital status;
● publish offers or make statements that discourage or indicate a preference for or against a guest based on skin colour, ethnicity, geographical origin, religion, sexual orientation, gender identity or marital status;
● post offensive or defamatory comments addressed to other users, people or companies or use inappropriate language. The Website reserves the right to decide if an action is considered as such and to act accordingly, suspending the user or resorting to other possible security measures;
● enter untruthful and/or non-authentic information both when filling the registration forms, and when entering details about the advertised property and the billing information. Likewise, the user is responsible for the constant updating of the information entered on the Portal. In any case, the user will be solely responsible for any information provided if it is found to be false or inaccurate and for the damage that this information may cause to Feries S.r.l. or its users;
● enter, advertise, offer or distribute pornographic or disturbing content to other users (in particular through spam);
● list, advertise, offer or distribute products, services or content protected by law such as copyrights, trademarks, utility or aesthetic models without having the right to them or to promote actions against free competition, including those aimed at capturing customers (such as network systems);
● use software or scripts in connection with the use of this Website;
● block, overwrite, modify or copy unless it is necessary for the correct use of web services. For example, the use of search technologies such as 'Robot / Crawler' is not required for the proper use of the Website services; therefore it is expressly prohibited;
● reproduce public or other users’ content on the Website, without prior authorisation;
● request travellers to send cash by mail, or money transfer services such as Western Union or MoneyGram, for the total or partial payment of the rental transactions. Violation of this condition or the use of other unacceptable payment methods that may be occasionally published on the Website may result in immediate removal of the non-compliant ad from the Website, without the need for prior notification to the user, or refund.
● all those actions that could damage the functioning or infrastructure of Feries S.r.l.
Advertisers who will violate the above Terms and Conditions will be immediately banned from the CaseVacanza.it and Feries.com portals. Users are aware and voluntarily accepts to be solely responsible for the use of the service and for any damage it may cause to the Website.
12. Exclusion of guarantees and liability
12.1 EXCEPT FOR CASES EXPRESSLY INDICATED IN THE THESE TERMS AND CONDITIONS, Feries S.r.l., MAY NOT BE HELD LIABLE FOR ANY KIND OF DAMAGES DERIVED FROM THE LACK OF CORRECTNESS, COMPLETENESS AND UPDATING OF THE INFORMATION GIVEN BY USERS, NOR FOR ANY ERRORS OR OMISSIONS RELATED TO THE PUBLISHED CONTENT FROM THE SAME.
Feries S.r.l. DOES NOT HAVE ANY OBLIGATION TO VERIFY OR CHECK THE CONTENT AND INFORMATION ENTERED BY USERS. Feries S.r.l. DOES NOT ASSUME ANY RESPONSABILITY FOR THE CONTENTS, DATA AND / OR INFORMATION PUBLISHED BY USERS ON THIS WEBSITE, OR FOR THE CONTENT OF EXTERNAL LINKS ENTERED BY THEM. IN PARTICULAR, Feries S.r.l. DOES NOT GUARANTEE THE CORRECTNESS OF THESE CONTENTS.
THE ADVERTISER IS THE SOLE RESPONSIBLE FOR THE TOURIST PRODUCTS AND / OR SERVICES SUBJECT OF THE CONTRACT WITH THE TOURIST AND OF THE DATA ENTERED IN THE ADS PUBLISHED ON THE WEBSITE.
Feries S.r.l. RESERVES THE RIGHT TO REMOVE, AT ANY TIME AND WITHOUT PRIOR NOTICE, FRAUDULENT OR DEEMED NON-COMPLIANT CONTENT FROM THE WEBSITE.
12.2 CONTRACTUAL RELATIONSHIPS DERIVED FROM BOOKINGS MADE DIRECTLY BETWEEN TOURISTS AND ADVERTISERS THAT ARE NOT CARRIED OUT THROUGH THE ONLINE WEBSITE BOOKING SYSTEM, ARE NOT COVERED BY THE GUARANTEE PROVIDED BY THE WEBSITE. IN THE CASE OF BOOKINGS MADE OUTSIDE THE ONLINE WEBSITE RESERVATION SYSTEM, THE ADVERTISER IS THE ONLY RESPONSIBLE FOR THE TOURIST PRODUCTS AND / OR SERVICES SUBJECT OF THE CONTRACT WITH THE TOURIST AND OF THE DATA ENTERED IN THE AD PUBLISHED ON THE WEBSITE. THEREFORE, Feries S.r.l. IS NOT RESPONSIBLE FOR RESERVATIONS MADE BY TOURISTS OUTSIDE THE WEBSITE AND IS NOT PART OF THE CONTRACTUAL RELATIONSHIP BETWEEN USERS AND MUST NOT BE CONSIDERED RESPONSIBLE AGAINST THE CONTRACTED OR TO BE CONTRACTED SERVICES. THERFORE, Feries S.r.l. IS NOT RESPONSIBLE FOR BOOKINGS THAT TOURISTS MAKE OUTSIDE THE ONLINE BOOKING PLATFORM.
Feries S.r.l. IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS THAT MAY DAMAGE THE SUCCESSFUL COMPLETION OF THE BOOKING AND THE TOURIST STAY. THE ADVERTISER, AS DIRECT AND ONLY RESPONSIBLE, WILL TAKE CARE TO REFUND THE TOURIST ACCORDING TO THE MODALITIES PROVIDED BY THE SELECTED PUBLICATION PACKAGE.
12.3 Feries S.r.l. IS NOT RESPONSIBLE FOR OPINIONS EXPRESSED BY USERS ON THE WEBSITE, FORUMS, COMMUNITIES OR OTHER PUBLIC PARTICIPATION PLATFORMS.
12.4 Feries S.r.l. undertakes to maintain the Website available at all times. However, it cannot guarantee the continuity of the service which could be interrupted due to technical reasons (short anomalies or delays in temporary services for reasons such as maintenance, security, updating to modernize or improve the Service), due to problems beyond the control of Feries S.r.l. (for example, telecommunications network problems, power cuts, etc.), due to problems deriving from users’ negligent or harmful conduct or due to force majeure. For force majeure we intend, for the purposes of this contract, all the events that lie outside of control Feries S.r.l., such as bankruptcy of third parties, operators or service companies, government actions, lack of access to third-party networks, actions or omissions of public authorities, problems arising from natural phenomena, blackouts, etc. Feries S.r.l., therefore, assumes no responsibility, to the maximum extent permitted by law, for any type of damage that may result from the lack of availability or continuity of the Website and related services. If an interruption of the service causes the deletion of contents or bookings or errors occurred in accessing personal accounts or while browsing the Website, Feries S.r.l. is not in any way responsible. The possible liability of the Website towards the advertiser is limited to a maximum amount corresponding to the total amount directly received by Feries S.r.l. from the user in question, during the period in which the services provided by the contract were not properly rendered.
12.5 Feries S.r.l. 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.
12.6 Feries S.r.l. will not be responsible for cases of unfair competition and illicit advertising deriving from services rendered by third parties through the Website, or for the lack of accuracy, completeness, relevance, error and / or updating of the contents transmitted, received, obtained, stored , made available or accessible through the services provided by third parties through this Website.
12.7 Feries S.r.l. will not in any way be held responsible neither for the services rendered nor for the results obtained from third-party Websites and/or partner Websites.
12.8 Feries S.r.l., the parent company, the subsidiaries, affiliates, managers, directors and / or employees will in no case be liable for any kind of damages that could derive from services provided by third parties through this Website, from loss of profits or from indirect, consequential, special, accessory or punitive damages deriving, based or resulting from the Website, these Terms and Conditions, the use of the Website and / or any operation between users, even in the event that Feries S.r.l. had been warned about the possibility of such damages.
12.9 These limitations and exclusions apply regardless of the cause of the damages, whether due to contractual non-performance, breach of warranty, objective liability, tort, fault or any other legal basis, to the maximum extent in which such exclusions and limitations are not prohibited by the law in force.
12.10 If the user is not satisfied with the Website or does not fully accept the clauses of these Terms and Conditions, the termination of the use of the Website will be the sole and exclusive remedy against Feries S.r.l.
13. MONEY BACK GUARANTEE
13.1 Users who publish an ad on our portal for the first time may request the activation of the Money Back Guarantee if they choose a direct contact Ruby package (pacchetto Rubino). The guarantee provides for the reimbursement of 100% of the investment made for the publication of the ad.
13.2 To activate the Guarantee it is necessary to send the request to Feries S.r.l. within 7 days from the date of publication of the ad, by sending an email to firstname.lastname@example.org with the subject "Request for activation of Money Back Guarantee".
13.3 The following Terms and Conditions are necessary to take advantage of the guarantee:
● have chosen a publication solution with a minimum duration of 12 months;
● have published an ad with at least 20 photographs of the property;
● having updated the calendar with the available dates and unavailable periods at least every 15 days;
● have received less than 15 requests for information in a year (by telephone or email contacts);
● having made the online payment.
13.4 The Money Back Guarantee applies only to new ads. It is therefore not possible to request it in case of publication renewals.
13.5 All other paid services provided by the Website and not expressly mentioned in this paragraph are not subject to the Money Back Guarantee.
14. IP address tracking
14.1 By accessing the Website, users consent to the IP address tracking.
14.2 Feries S.r.l. reserves the right to use IP monitoring for statistical purposes or to carry out checks if deemed necessary.
14.3 In the event of unlawful use of, fraud against the Website or users and/or violation of the Italian law and these Terms and Conditions, Feries S.r.l. will make available to the State Police all data derived from IP tracking.
15. Copyright: Feries S.r.l. © 2019 - All rights reserved
THIS WEBSITE IS REGULATED BY ITALIAN AND EUROPEAN UNION LAWS AND IS PROTECTED BY NATIONAL AND INTERNATIONAL LAWS ON INTELLECTUAL AND INDUSTRIAL PROPERTY.
ALL CONTENT PUBLISHED ON THE WEBSITE, AND IN PARTICULAR THE ONE STORED IN THE DATABASE (COMMERCIAL STUDIES, DRAWINGS, TEXTS, GRAPHIC DRAWINGS, LOGOS, ICONS, LANGUAGE CODE, SOFTWARE, COMMERCIAL NAMES, TRADEMARKS, INDUSTRIAL OR OTHER SUSCEMBLE INDUSTRIAL AND COMMERCIAL SIGNS ) ARE PROTECTED BY INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS OF Feries S.r.l. AND / OR THIRD PARTIES WHO HAVE REGULARLY AUTHORIZED THEIR ENTRY ON THE WEBSITE.
IT IS FORBIDDEN TO DISTRIBUTE, MODIFY, TRANSFER, MAKE AVAILABLE TO THE PUBLIC, AND ANY OTHER ACTIVITY THAT HAS NOT BEEN EXPRESSLY AUTHORIZED BY THE LICENSE HOLDER. UNAUTHORIZED USE OF THE MATERIALS AND INFORMATION PUBLISHED ON THE WEBSITE MAY BE CONSIDERED AN INFRINGEMENT OF INTELLECTUAL, INDUSTRIAL, PRIVACY AND OTHER APPLICABLE LAWS.
ALL THE INFORMATION CONTAINED IN THESE WEBSITES, FOR EXAMPLE COMMENTS, PHOTOGRAPHS, SUGGESTIONS OR IDEAS, ARE CONSIDERED INFORMATION TRANSFERRED FREE OF CHARGE, THEREFORE IT IS CARE OF THE USER NOT TO SEND INFORMATION THAT MUST BE PROCESSED OTHERWISE. BY PUBLISHING ON THE WEBSITE USERS CONSENT TO THE USE OF THEIR DATA AND CONTENT INSERTED FOR PROMOTIONAL AND MARKETING PURPOSES BY Feries S.r.l.
16. Applicable Law and Jurisdiction
16.1 THESE TERMS AND CONDITIONS OF USE REPRESENT THE AGREEMENT BETWEEN Feries S.r.l. AND THE USER IN ITS ENTIRETY AND CANCEL ANY VERBAL OR WRITTEN EXCHANGE PREVIOUSLY OCCURED BETWEEN THE WEBSITE AND THE USER.
16.2 THESE TERMS AND CONDITIONS, AS ALL OTHER TERMS AND CONDITIONS OF THE WEBSITE, ARE IN ACCORDANCE WITH THE RELEVANT ITALIAN REGULATIONS AND SHALL APPLY TO ITS VALIDITY, INTERPRETATION AND PERFORMANCE.
16.3 IN THE EVENT OF THE IMPOSSIBILITY OF RESOLVING A DISPUTE ACCORDING TO THE INDICATIONS CONTAINED IN THESE TERMS AND CONDITIONS, Feries S.r.l. AND THE USER AGREE TO BE SUBJECT TO THE JURISDICTION OF THE COURTS AND TRIBUNALS OF MILAN, EXPRESSLY DISCLAIMING ANY OTHER JURISDICTION UNLESS THE ITALIAN LEGISLATION DOES NOT PROVIDE OTHERWISE.
17. Assignment prohibition on procurement and change of circumstances
17.1 Neither the present contract nor the rights deriving from it, can be resold by the advertiser. Any transfer of resale or transfer of this contract or its rights by the user is considered void by Feries S.r.l. and constitutes a cause for termination of the contract.
17.2 The parties inform each other about changes in circumstances that may affect this contract.
Feries S.r.l. Contacts
For clarifications or doubts about these Terms and Conditions write to email@example.com
FERIES S.r.l. Registered office: Viale Abruzzi, 94 20131 Milan (MI), Italy Registration number Business Register / Tax Code / VAT: 09030010962 REA Milan n. 2063831