GENERAL TERMS AND CONDITIONS My Italy S.r.l.u.
These General Terms and Conditions (the General Terms) always apply when you use www.myitaly.nl (the Website) or any of its subdomains. These General Terms are also applicable to all additional services offered by us.
The Website My Italy is an intermediary between owners or operators of agriturismos (each an Operator) in Italy and customers wishing to make a reservation for an agriturismo through the Website of My Italy. It is our task to exchange information between both parties as clear as possible in order to facilitate the making of a reservation (the Service).
We reserve the right to modify these General Terms. If you use the Website, you agree that the latest version of these General Terms applies. Deviations from these General Terms must be approved by us in writing before they take effect.
Article 1 - General
- The General Terms apply to everyone who uses the Website.
- We will, at your request, send you a copy of these General Terms free of any additional charge. These General Terms can also be found on www.myitaly.nl.
- If any part of these General Terms is null or void this shall not affect the applicability of the remainder of these General Terms. The Part that is null and void shall be replaced by a provision that closely resembles the provision that is null or void.
Article 2 - The Platform
- The goal of the Website is to offer a platform on which operators of agriturismos and prospective guests can contact each other.
- My Italy is, as an intermediary, only responsible for facilitating contacts between Operators and guests, and facilitating the communication and exchange of information between both parties.
- My Italy is not responsible for the content of the final agreement between Operators and guests and is not a party to that agreement.
- When a conflict arises between Operators and guests, they must solve it between themselves.
Article 3 - Availability of the Website
- We will always do our utmost best to make sure that the Website is available.
- We do not guarantee that the Website functions without error or always available, therefore, we are not liable for any damage that is the consequence of the Website not functioning (safely).
- We are also not liable for damage that is the result of incorrect information on the Website.
Article 4 – Credit card or payment through bank transfer
- My Italy uses the booking conditions of each individual Operator. Payment of any amount specified in your booking (including applicable taxes, surcharges and extra items) is not payable to My Italy, but directly to the Operator.
- The Operator can ask a percentage of the total amount of your booking as a down payment.
- A down payment takes place through an international bank transfer or by providing the Operator with your credit card details during the reservation process (your card can be pre-charged). The remainder of the booking sum has to be paid at the moment of arrival, departure, or a number of weeks before arrival (as in that case is specified in the booking conditions).
- Operators that do not require a down payment can nonetheless require your credit card details in order to guarantee the booking and cover possible cancellation fees.
- The booking conditions and payment method of the operator of your choice are mentioned on the booking form that is used in order to confirm the booking and on the voucher. You can also, at any stage of the booking process, ask My Italy for this information.
Article 5 – Cancellation and no-show
- By making a reservation with one of the Operators, you agree that the booking and relevant cancellation policy of that Operator applies. This booking and cancellation policy can be found on the booking form or on the voucher you have received from us.
- In case the payment or down payment has not been made in time, a booking can, without requiring a default notice or warning, be cancelled by the Operator. It is your own responsibility to make the (down) payment or provide the Operator with your credit card details in time (bear in mind that if a pre-charge from your credit card fails, your booking may also be cancelled).
- The Operator can also decide to annul your booking and deny you access to the accommodation if, upon arrival, it is discovered that the information on the voucher is incorrect or incomplete. Some examples of this are:
- arriving with more persons than has been booked for;
- children that have deviating ages from those that have been specified;
- not informing the Operator beforehand about pets.
The above mentioned examples are illustrative, not limitative.
- My Italy does not bear any responsibility and refuses any liability for cancellations by the Operator as a consequence of an overbooking, strike, force majeure or any other occurrence over which she has no control. My Italy, can, however, assist you with the communication with the Operator.
- If you want to cancel your reservation via My Italy, this must be done in writing, at least three days before the cancellation period has expired so that My Italy can communicate your cancellation to the Operator in a timely manner. You may also cancel your reservation directly with the Operator, in accordance with the conditions on your voucher. Any cancellation is only final once you have received written confirmation thereof by My Italy or the Operator. Bear in mind that, in accordance with the cancellation policy of the Operator, a cancellation fee may be charged. Changing your booking can also entail costs.
Article 6 - Confidentiality
- We are obliged not to disclose any of your confident information. For the purpose of these General Terms, ‘confident information’ shall include all information which you have designated as confidential or which is confidential by its nature.
- We shall only disclose your personal data, as intended in the General Data Protection Regulation (GDPR), if this is necessary for the exercise of our role as intermediary, or if we are under a legal obligation to do so.
Article 7 - Conflict Resolution
- We are not obliged to help in case of a conflict between customers and Operators. We will, nevertheless, without accepting liability, assist in resolving such conflicts.
- Every claim or complaint, regarding an accommodation or reservation must be made directly with the Operator (during your stay). This way the Operator can, within her possibilities, offer you a reasonable alternative or solution. Without accepting any responsibility or liability, My Italy may help you in the communication with the Operator.
- Every claim or complaint against My Italy must be made immediately, during your stay or at the latest, within 30 days after the planned checkout date. Every claim that is made after this 30-day period, or which has not been reported to the Operated or My Italy during your stay, may be declined. In that case, you lose your right to any form of compensation.
Article 8 - Liability
- My Italy is not liable for:
(I) direct or indirect damage suffered as a consequence of the use of our Website, regardless of the legal basis of the claim;
(II) direct or indirect damage that is caused by (wrong) information on the Website, regardless of whether this information was provided by ourselves or any third party; and
(III) damage that is caused by errors of third parties or the unavailability of the Website for reasons outside of our control.
- My Italy is only liable for direct damages, that has been actually suffered by you, and is the direct consequence of a demonstrable failure from My Italy in satisfying the obligations set out in this agreement.
- The liability of My Italy is in any case limited to the total value of your reservation, as set out on the voucher.
Article 10 - Indemnification
By making use of the Website, you indemnify us from any claims, liability, damages, losses and expenses from third parties. This clause does not apply in cases of unlawful intent or gross negligence from our side.
Article 11 - Intellectual property
The software and all the intellectual property are, unless expressly stated otherwise, owned exclusively by My Italy Srl. or one of her Operators. You are not allowed to share the content of the website, sell it or exploit it, in whatever way, without the express written consent from My Italy.
Article 12 - Disputes
In case a conflict arises between you and us, Italian law applies. In that case, the court of Como is competent to hear the case.