TERMS AND CONDITIONS OF THE SERVICE
Please read the terms and conditions of the service carefully: they contain important information about your legal rights, means of recourse and obligations.
Any User that uses the Site or the Booking Service (as defined below) enters into a contract with Faberest S.r.l., a company under Italian law with its registered office in Roncade (Treviso), Via Sile n. 41, VAT Reg. no. 04736290265 (hereinafter “Faberest”).
The User that accesses or uses the Site or the Booking Service accepts complying with and being legally bound by these Terms and Conditions of Service (hereinafter “Terms”), which discipline access to and use of the Site and the Booking Service and represent a binding agreement between the User and Faberest.
The Site and the Booking Service are exclusively for people aged 18 or above (or subjects with a legal capacity to act in their country of reference). Any access to or use of the Site or Booking Service by anyone under 18 years of age is explicitly prohibited.
The User who accesses the Site, uses the same and the Booking Service, declares having read, understood and accepted these Terms.
“User”: anyone who accesses the Site and concludes transactions through the same or anyone who uses the Booking Service.
“Site”: the Internet site accessible at the address www.faberest.com.
“Booking Service”: the booking service offered by Faberest through the Site or through other IT, telephone, computer channels.
“Experience”: an event, a course, an activity of a recreational and/or experiential nature of any kind whatsoever which can be booked through the Site.
“Visitor”: anyone who books an Experience through the Booking Service.
“Host”: the subject that organizes Experiences and allows them to be booked by the Visitor through the Site, including with the publication of advertisements.
“Advertisement”: the publication on the Site or through other forms included in the Booking Service, having an Experience as their subject.
“Booking”: the booking of an Experience forwarded by a User through the Site or the Booking Service.
“Booking Confirmation”: the confirmation that Faberest forwards to the Visitor on the successful conclusion of a Booking they have forwarded.
“Univocal Booking Code”: the code that Faberest communicates to the Visitor with the Booking Confirmation.
“Commission”: the sum that the Visitor pays Faberest when sending the Booking by way of payment for the Booking Service.
“Price of the Experience”: the sum that the Visitor pays the Host for the Experience.
“Total Price of the Experience”: the total price to be paid by the Visitor, made up of the Commission and the Price of the Experience.
“Faberest Account”: the account on the Site which each User can register in various technical ways.
“Third Party Account”: accounts which the User already has on third party social network sites (including by way of example Facebook, Google Plus).
“User’s Content”: text, graphics, photos, music and software, sound, video, information and other material that the User uploads or sends through the Site or Booking Service.
“Faberest’s Content”: text, graphics, photos, music and software, sound, video, information and other material that Faberest uploads or sends through the Site or Booking Service
“Collective Content”: all the Users’ Content and Faberest’s Content.
- STRUCTURE OF THE SERVICE
2.1. Purpose and nature of the Booking Service
Through the Site, Faberest provides a Booking Service of Experiences linked to the development of the local area and its traditional and excellent products.
By sending the Booking and its subsequent confirmation, the Visitor and the Host establish a direct contractual relationship concerning the Experience.
Faberest is only the intermediate provider of the Booking Service.
2.2. Responsibility for the Advertisements and the Experiences
Each Host specifies the terms and the conditions at which each Experience is proposed through an advertisement. All content published by a Host through the Site and the Booking Service comes under its exclusive control and responsibility. Faberest is not responsible for the Advertisements corresponding to the Experiences effectively had or for their compliance with laws, regulations and rules.
Each Host undertakes to offer Experiences in the respect of the limits and requisites that national, regional laws and/or regulations of the administrative authorities impose or can impose on economic activities. This also refers, by way of example and not exhaustively, to the limits and requisites for serving food and beverages, as well as for the direct sale of the products on the company premises.
Each Host has sole third party responsibility for non-fulfilments with respect to the terms and conditions of performance of the Experiences, as well as for any direct and indirect damage that the Visitor may suffer during the Experiences.
- FUNCTIONING OF THE SERVICE
3.1. Sending the Booking
The Visitor, through the IT procedures of the Site or the Booking Service (and exclusively with the ways shown on the Site), can send a Booking for an Experience for which a Host ha published an Advertisement. The Booking is considered sent on the conclusion of the procedure as contemplated by the Site or the Booking Service.
3.2. Confirmation of Booking
The Visitor acknowledges that once the Booking has been sent, Faberest communicates the relative data to the Host to obtain the Booking Confirmation. Faberest gives confirmation to the Visitor of the Booking within 1 day of its being sent, communicating the Univocal Booking Code. In the event that the Booking cannot be confirmed within the aforementioned time limit, Faberest immediately reimburses the Visitor the Commission received on Booking, through crediting the amount paid on to the credit card used for payment.
On Booking the Visitor pays a Commission calculated on the basis of the Price of the Experience and corresponding to a percentage between 10% and 30% depending on the Experience. Faberest gives a receipt to the Visitor. Payment of the Commission is made by credit card through secure payment systems operated by third party providers.
The Visitor may be requested either to pay the balance of the total price of the Experience directly to the Host at the Experience, or in advance depending on the conditions that the Host will show in the advertisement with payment by credit card on the same day as the Experience, to Faberest which can act as agent of the Host for collection.
- CANCELLATIONS AND REIMBURSEMENTS
The Visitor can cancel a Booking only by email to the address firstname.lastname@example.org, showing the Univocal Booking Code (or by the IT procedure specifically shown on the Site, with the following conditions.
4.1. Cancellation within 7 days before the Experience
The Visitor can freely cancel the Booking up to 7 days before the date scheduled for the Experience, In this case, Faberest returns to the Visitor the Commission received on the Booking, by crediting the amount to the credit card used for the payment, after deducting the collection costs for the third parties’ payment services which will not be more than 4% of the Commission.
4.2. Cancellation less than 7 days before the Experience
Less than 7 days before the date scheduled for the Experience, the Visitor can no longer cancel the Booking. Therefore Faberest in this case will keep all the Commission received from the Visitor who will not be able to request any reimbursement. In addition, in the case of failure to cancel by the aforementioned time limit, the Visitor must pay the Price of the Experience, regardless of whether having benefited from the Experience or not.
4.3. Cancellation by the Host
In the event of cancellation by the Host, less than 7 days before the date scheduled for the Experience, of a confirmed Booking, Faberest immediately notifies the cancellation of the Experience to the Visitor and returns the Commission received on Booking to the Visitor in full, through crediting it to the credit card used for payment.
4.4. Special conditions of cancellation
The Visitor may also cancel a Booking up to the date scheduled for the Experience obtaining the reimbursement of the Commission, after the costs of collection relative to the third parties’ payment services, which will not be more than 4% of the Commission, have been deducted, if any of the following conditions occur, which must always be properly documented: death of a family member; natural catastrophe in the country of destination; epidemic in the country of destination; political unrest in the country of destination; summons as a jury member or for the exercise of other civil duties.
4.5. Reimbursement of the Price of the Experience
In the event that the Host had asked for advance payment, Faberest directly reimburses the Price of the Experience only in the case that Faberest has collected the Price of the Experience as the agent of the Host for encashment.
- USE OF THE SITE
5.1. Faberest Account
In order to access specific functions of the Site, it is possible to register and create a Faberest Account. The User can register through the Site or according to the description in this section.
Users can also register by logging into their own Third Party Accounts. As an integral part of the functioning of the Site and the Booking Service, Users can connect their Faberest Account to the Third Party Accounts in one of the following ways: (i) by providing to its Third Party Account the login data of Faberest through the Site, or (ii) allowing Faberest to access their Third Party Account in conformity with what is allowed pursuant to the applicable terms and conditions that discipline the use of each of these Third Party Accounts.
Users can share, at their complete discretion, their Contents on the Third Party Accounts, being the only holder and having sole responsibility for sharing.
In the event of any infringement of any one of the conditions in these Terms or – more in general – of any attitude that is not in compliance with the law or the indications provided by Faberest, the latter has the faculty, at its exclusive discretion, and without responsibility towards the Users with or without prior notice, and at any time, of deciding to limit, suspend, deactivate or eliminate the Faberest Accounts. If Faberest decides to do so pursuant to these Terms any future Booking in course or confirmed by a Host will immediately become null and void.
Users have the faculty of deactivating (including only temporarily, being able to decide to reactivate it at any time) their Faberest Account at any time through the “Deactivate Account” function. Users may also decide to eliminate the Faberest Account permanently by sending an email to the address email@example.com, requesting the elimination of the Account. In the case in which the Faberest Account is eliminated, Faberest is under no obligation to remove or return to the User any Content published or uploaded to the Site or to the Booking Service, including, inter alia, any review or Feedback.
5.2. User’s Content
Users can publish, upload, forward, send or transmit their Content. By making available any Content of the Users on or through the Site or the Booking Service, the User grants to Faberest an unlimited, irrevocable, perpetual, non-exclusive, transferrable, free licence, together with the right to provide in sub-licence, use, view, copy, adapt, modify, distribute, licence, sell, transfer, show publicly, transmit, diffuse and otherwise use this Content on, through, by means of or to promote or market the Site or the Booking Service. Faberest does not claim any right of ownership on any of the User’s Content.
The User recognizes and accepts having sole responsibility for all the Content made available by the same through the Site or the Booking Service.
5.3. User’s Conduct
The User declares understanding and accepting having sole responsibility for observing any law, regulation, rule and tax obligation that may be applicable to the use of the Site and the Booking Service. In relation to the use of the Site, the Booking Service and the Collective Contents, the User is prohibited from the following conduct:
– infringing any local or national law or regulation or any other law;
– using software, devices, scripts, robots, other means or manual or automatic processes to access, “scrape,” “crawl” or “spider” web pages or other services in the Site or in the Booking Service;
– using the Site or the Booking Service for any commercial purpose or other purposes that are not explicitly authorized by these Terms;
– copying, keeping or otherwise accessing any information on the Site or the Booking Service for purposes not explicitly authorized by these Terms;
– infringing the rights of any person or entity, including without limitation intellectual property rights, privacy, advertising or contractual rights;
– interfering with or damaging the Site or the Booking Service, including, by way of example, through the use of viruses, cancelbots, trojans, harmful codes, flood pings, denial-of-service attacks, IP or IP spoofing packets, counterfeited routing or information on the email address or similar methods or technologies;
– using the Site or the Booking Service to transmit, distribute, publish or forward any information concerning any other person or entity, including, without limitation, photographs of other people without the permission of those concerned, personal contact information or information on credit or debit cards or prepaid cards or current account numbers;
– registering with more than one Faberest Account or on behalf of an individual other than oneself;
– contacting a Host for any purpose other than asking questions related to a Booking or to an Experience;
– recruiting or otherwise asking Hosts or other Users to join third party services which are competitors of Faberest, without its prior written consent;
– impersonating any person or entity, or representing oneself or one’s affiliation with any person or entity falsely or otherwise erroneously;
– using automated scripts to collect information from or otherwise interacting with the Site or the Booking Service;
– using the Site or the Booking Service to find a Host and subsequently completing the booking of an Experience independently of the Site or the Booking Service in order to avoid the obligation of paying the Commission to Faberest;
– using, viewing, making the Site or the Booking Service, or any individual element in the Site or the Booking Service, the name of Faberest, any commercial trademark of Faberest, the logo or other proprietary information, the layout and the design of any page or module contained in a page of the Site or the Booking Service accessible through mirroring or framing without explicit consent in writing by Faberest;
– falsifying any heading of TCP/IP packet or any part of the heading information in any email or newsgroup publication, r in any way use the Site or the Booking Service for the purpose of sending altered, misleading or false information identifying the source.
Faberest has the right to make enquiries and to start legal proceedings in the event of violation of any of the above clauses within the limits allowed by the law.
Faberest can access, keep and communicate the User’s information if required to do so by law, or of it believes in good faith that this is reasonably necessary to (i) answer complaints against Faberest or comply with orders relating to a trial (e.g. summons to court or guarantees), (ii) implement and manage agreements with the Users, such as for example these Terms, (iii) purposes of prevention of fraud, risk assessment, investigation, customer assistance, product development and de-bugging; or (iv) protect the rights, the property or the security of Faberest, of the Users and – in general – of the public of the Web.
The Site or the Booking Service could contain links to websites or resources of third parties. The User recognizes and accepts that Faberest is not responsible for: (i) the availability or accuracy of such Web sites or resources; or (ii) the contents, the products or the services on or available from such Web sites. The links to such Web sites or resources do not imply any support by Faberest for the aforementioned web sites or contents, products or services available from such web sites.
- EXCLUSION OF RESPONSIBILITY AND RELIEF
The Under, deciding to use the Site or the Booking Service, accepts assuming any possible risk. The User recognizes and accepts that Faberest is under no obligation to make personal checks on any User, including the Hosts, but has the faculty of conducting these personal checks at its exclusive discretion.
Faberest does not issue any guarantee that the Site or the Booking Service, including, by way of example, the Advertisements or any Experience meet the requisites of the User or are available continuously, certain and without errors.
The Users have sole responsibility for all their communications and interactions with other Users of the Site and the Booking Service and with other people with whom they communicate and interact as a consequence of their use. The Users accepts that Faberest does not guarantee verifying the statements of the Users of the Site or the Booking Service or examining the Experiences.
The Users undertake to hold Faberest harmless from and against any claim, responsibility, damage, losses and costs, including, without limitation, reasonable legal and accounting fees deriving from or in any way related to (a) the access or use of the Site or the Booking Service or the violation of these Terms; (b) the User’s Content; (c) any of the following actions: (i) interaction with any User, (ii) booking an Experience, or (iii) the creation of an Advertisement, (d) omission to adopt the necessary safety measures in organizing an Experience that entails any injury, loss or damage (for compensation of direct, accidental, consequential damage or otherwise) of any kind that may arise in connection with or as a result of such shortcomings.
- MODIFICATION OF TERMS
Faberest reserves the right to unilaterally modify at any time and at its discretion the Site and the Booking Service and these Terms, without prior notification. In the event that these Terms were modified, the updated versions will be published on the Site. In the event that Users were not to deem the modifications acceptable, they may at any time cease to use the Site and the Booking Service.
Any notification or other authorized or requested communication as per these Terms, including those concerning modifications to these Terms, will be in writing and will be made by Faberest (i) by email (in each case to the address provided by the Users) or (ii) by publication on the Site. As far as notifications by email are concerned, the date of receipt will be deemed the date on which the notification is sent.
- APPLICABLE LAW AND COMPETENT COURT OF LAW
Any dispute that may arise between Faberest and a User in relation to the application, interpretation, execution of these Terms will be regulated by Italian law and will be heard exclusively before the Court of Verona (or Venice in the case of disputes having as their subject matters reserved for the Court of Companies). In the event that the User were a consumer, the court of consumers will also be competent.