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Last update: Wednesday, February 28, 2024

Terms and Conditions of Use

Introduction

Studio Scivoletto S.r.l. Unipersonale ("Studio Scivoletto") - with registered office at via Catagirasi snc - 97015 Modica (RG) Italy, Registration Number of the Companies Register / VAT / Tax Code: 01194800882, REA Ragusa no. 100742 - has created and manages a platform ("Platform") that allows those who access it ("Users") to search for and view participating tourist accommodation facilities ("Advertisers") and request or book accommodation in their respective facilities ("Properties").

Studio Scivoletto can be contacted at the following address: info@studioscivoletto.it

The Platform is accessible through the websites www.bed-and-breakfast.it, www.bedandbreakfast.it, www.agriturismo.farm, www.casevacanza.online, www.topbnb.it, www.bbcard.it, www.bb25.it, www.bbday.it, www.settimanadelbaratto.it, www.barattobb.it, www.barterweek.com, www.barterbb.com, www.charmedesign.it, www.inrivalmare.it, www.beb.it, www.bed-and-breakfast-sicilia.it, www.agriturismo-sicilia.it, www.case-vacanza-sicilia.it, www.bblombardia.com, www.bedbreakfastroma.it, www.worldbnb.com, ireservation.it, ireservation.com - and any related mobile applications - (collectively "Sites" and "Applications"), owned by Studio Scivoletto.

These terms and conditions of use ("Conditions") govern the access and use of the Platform - including through the Sites or Applications.

The data provided by the user during the navigation are processed by Studio Scivoletto as per the information on data processing in accordance with Regulation (EU) 2016/679, art. 13, available at the address https://www.bed-and-breakfast.it/privacy.cfm.

WARNING - For greater clarity, this document shows the Terms of Service for both Advertisers and Users. The Terms of Service related to Advertisers are highlighted with a box; however, it is essential for Advertisers to read all the Terms of Service applicable to Users as well.

1 - Scope of Application

1.1 The use of the Platform - even if resulting from accidental access - is entirely voluntary and constitutes full acceptance of these Conditions. The User is therefore invited to consult and regularly check the content of the Conditions to stay constantly updated on the usage terms of the Platform.

1.2 Studio Scivoletto reserves the right to modify the Conditions, in whole or in part, at any time, through publication on the relevant page of the Sites and Applications. It is understood that such modifications will only take effect upon their publication.

1.3 The User may access, print, download, and save the Conditions at any time. For this purpose, the main link through which they can be accessed is provided here: https://www.bed-and-breakfast.it/note-legali.cfm

2 - Services Offered

(i) In General

2.1 The Platform allows Advertisers to advertise their accommodation business and Users to book or request various information related to the price and availability of the respective properties. The Platform serves as an interaction space between Advertisers and Users, with the purpose of facilitating accommodation inquiries and bookings.

2.2 Studio Scivoletto is not a party to any contract between Advertisers and Users; therefore, Studio Scivoletto is not responsible for any non-compliance by either party with their respective obligations (e.g., the suitability of the Property or Accommodation and their compliance with applicable regulations), nor can it be involved in mediating disputes that may arise between them.

2.3 The Platform is provided "as is," and therefore:

a. Its operation may be subject to interruptions or errors due to internet connection or malfunctions. In case of issues while using the Site, Users and Advertisers are advised to contact their Internet Services Provider and ensure that all internet connection equipment - including browsing software - is functioning correctly. Similarly, the Services may not meet the expectations of Users and Advertisers.

b. Studio Scivoletto may need to modify, suspend, or terminate some functions related to the Services for technical or organizational reasons.

(ii) Services to Advertisers

2.3 More specifically, the Platform offers the following services to Advertisers, upon registration as Advertisers:

  • Creating and publishing accommodation listings for their Properties on the Platform.
  • Checking the status of their advertisements.
  • Viewing statistics on the published listings.
  • Receiving information from Studio Scivoletto - via email, SMS, or other channels such as WhatsApp, Telegram, or Facebook Messenger - related to their areas of interest.

2.4 It is understood that Studio Scivoletto will provide Users with the data and information of the Advertisers necessary to enable the formulation of requests or reservations for the respective Properties, always in compliance with current regulations.

(ii) Services to Users

2.5 Users can navigate the Platform and:

2.6 If Users then register on the Platform ("Registered Users"), they will have the option to:

2.7 It is understood that Studio Scivoletto will provide Advertisers with the personal data and additional information provided by the Users necessary to follow up on the requests made by the Users (whether related to reservations or mere information) and always in compliance with current regulations.

3 - Registration

3.1 Some sections of the Platform require limited access to those who have opened their own account (whether Advertisers or Registered Users) and therefore possess a username and password ("Credentials").

3.2 The individual interested in registering on the Platform should go to the appropriate page of the Sites or Applications and:

3.3 The Credentials are personal and not transferable. It is understood that non-registered users can browse the public parts of the Platform but cannot access sections limited to Registered Users or Advertisers.

3.4 By entering their data into the Platform, both Registered Users and Advertisers are aware that such data (e.g., name, photo, and information entered on the Site, comments) may be shared through the Platform and thus disclosed to third parties.

3.5 Users and Advertisers can only access the data of the other party necessary to carry out the requested Services or the request itself.

3.6 An unregistered user who completes and submits an information request through the Site's contact form or a reservation consents to the registration and storage of the data they have provided by the Site. The system will create Credentials using the entered email and choosing a random secure password, allowing the User to delete all the data they have indicated at any time from their User Area accessible at https://www.bed-and-breakfast.it/utenti or from the Profile section of the App.

3.7 By registering, the user acknowledges and consents to receiving company communications (service notifications, discounts, reminders, promotions dedicated to members, or other types of alerts) via email, SMS, WhatsApp, Telegram, or Facebook Messenger to the contact details provided by the user themselves.

4 - Obligations and Responsibilities of Users and Advertisers

4.1 By using the Services, Users and Advertisers guarantee that they:

4.2 If Users or Advertisers violate the above, they will be responsible for claims - including damages claims - made by third parties concerning the infringement of their rights against Studio Scivoletto.

4.3 It is understood that if Users or Advertisers enter incorrect or invalid data within the forms on the Platform (e.g., incorrect email addresses), Studio Scivoletto will not be responsible for any malfunction resulting from such incorrect input.

4.4 In addition to the above, subject to what is provided in Article 9 - Violation of the Conditions, Studio Scivoletto may prevent access to the Services and delete the account in the event of a substantial violation of the provisions of these Conditions, including:

5 - Special Provisions for Advertisers

Special Provisions for Advertisers:

5.1 In accordance with Article 2 (ii), only registered advertisers can publish ads on the Platform. After registration, advertisers have the option to create and test their ad before activating a subscription. During the trial period, advertisers have the freedom to choose not to proceed with payment and exercise their right of withdrawal. The service is considered provided when the advertiser activates a subscription, and from that moment on, the right of withdrawal cannot be exercised.

5.2 The publication of an ad requires minimum quality standards, and all ads and their contents are subject to prior approval before being published on the portal.

Images, geographic location, email, telephone number, and other details related to the ads on the accommodations will be subject to approval by Studio Scivoletto's quality office, which reserves the right not to publish ads that do not meet the required minimum quality standards.

Studio Scivoletto reserves the right to refuse or suspend an ad, partially or completely delete the information contained therein if it is not properly filled out, duplicated, or does not meet the required quality standards. If an advertiser has paid for an ad and the ad is rejected, the advertiser will be entitled to a full refund of the amount paid. However, if the ad is missing essential information (e.g., photos, descriptions, map location, property features), it may be temporarily hidden until it is completed, and Studio Scivoletto will not be obligated to refund the paid fee. Therefore, it is the responsibility of the advertiser to properly complete their ad before activating it.

5.3 Advertisers are required to provide, if requested by Studio Scivoletto, proof of personal identification and proof of ownership of the property they wish to advertise or authorization to manage it. Studio Scivoletto reserves the right to request such documents at any time, even after the ad has been published. The refusal of advertisers to provide such proofs, if requested, entitles Studio Scivoletto to suspend the ad without any obligation to refund the agreed price. Therefore, it is in the advertiser's interest to list accommodations that can be proven to be owned or authorized for management or provide evidence that identifies their location and address, such as an electricity bill.

5.4 Advertisers are solely responsible for the ads and information included in their ads. Each advertiser declares that all information provided to Studio Scivoletto and users, particularly regarding the accommodation's location, prices, calendar availability, services offered, and accommodation features, is truthful and updated throughout the ad's publication on the site. The advertiser also commits to always responding promptly (within 12 hours) to all information requests received from the Site and honoring the published prices and received reservations. If any dispute arises between the advertiser and the user due to the advertiser's lack of care, the advertiser will be solely responsible to the user.

It is the responsibility of the advertiser to keep the information about their ads constantly updated. Therefore, the advertiser commits to ensuring the best booking experience for users by keeping their calendar availability up to date, including minimum stay requirements, to avoid rejecting reservation requests; keeping prices updated to avoid increasing them after a user has made a booking request; and always and promptly responding to all requests received through the internal messaging system of the site, without referring to other external means (e.g., phone, WhatsApp, website, other portals). The advertiser acknowledges that failure to comply with these requirements may limit the visibility of their ad to avoid inconveniences to users. Specific actions that might be taken include, but are not limited to:

  • If an advertiser does not respond to a certain number of requests, their ad may be moved to a lower level in the list of accommodations, or even placed in a separate section accessible with an additional click called "see more accommodations." Additionally, it may be indicated on the page that the advertiser prefers to receive phone calls rather than requests through the messaging system, in addition to hiding the prices that are considered outdated.
  • If an advertiser rejects a certain number of requests, their calendar may be considered not up-to-date, and their ad may be moved to a lower level in the list of accommodations, or even placed in a separate section accessible with an additional click called "see more accommodations." The rejected dates may be automatically or manually closed on the calendar to prevent others from attempting to book them.
  • If an advertiser receives a certain number of reports of not respecting prices or unjustifiably increasing the prices shown to users, their ad may be moved to a lower level in the list of accommodations, or even placed in a separate section accessible with an additional click called "see more accommodations." Additionally, prices may be hidden.

Advertisers who guarantee the best booking experience for users, on the other hand, will enjoy maximum visibility and may be recognized as "TopBnB." Studio Scivoletto provides all the necessary means to easily achieve this high visibility condition, such as channel managers, Virtual POS, booking engines, apps for updating calendars, etc.

5.5 Advertisers declare that they will only publish original photos, videos, and texts in their ads. They also declare that they will not use images or videos without consent that violate personal data protection laws, intellectual property rights, or any other rights of third parties, assuming full responsibility for what is published.

5.6 Advertisers grant Studio Scivoletto a non-exclusive, transferable license to use the photos, videos, and texts published in the ad for commercial or promotional purposes.

5.7 The ads published on the Platform must have the characteristic of exclusivity, meaning they must be unique and different from other ads on the Platform or elsewhere. This also means that duplicate ads, ads advertising the same property, are not allowed. Studio Scivoletto reserves the right to modify the texts, suspend, or remove ads in case of duplicated ads without any obligation to refund the paid subscription fee.

5.8 Each advertisement can only be associated with a specific Structure, uniquely identified and available for accommodation. Specifically, the advertisement cannot be a mere example of Tourist Structures in a certain area. Each advertisement can only feature a single Structure. Studio Scivoletto reserves the right to modify texts or remove advertisements if they contain descriptions of multiple Structures, without any obligation to refund the fee already paid by the Advertiser.

5.9 Studio Scivoletto reserves the right to temporarily suspend or remove advertisements at any time and without prior notice, in case the advertisements violate these Terms. For example, if Studio Scivoletto receives multiple and consistent reports and/or reviews indicating price increases compared to those indicated on the Platform, check-in unavailability, impossibility for the User to use the booked accommodation in the Structure, overbooking, or unavailability of the Manager, Studio Scivoletto may, as a precautionary measure, hide the prices of the structure, deactivate the immediate booking option, or suspend the disputed advertisements. In cases of repeated behaviors, Studio Scivoletto may prevent the Advertiser from using the Platform.

5.10 On some sites of the Platform, the quantity and quality of information entered in their own card, the response speed to User requests, the activation of the Rooms and Prices section and the Immediate Booking, and the frequency of updating the availability of the online calendar, determine the position of the advertisements in search results. The placement in the advertisement list is also determined by a system algorithm that assigns a score to each advertisement. The advertisement score is constantly updated, making the display order of advertisements in search results dynamic and subject to changes, and on some sites, it is entirely random. Therefore, Studio Scivoletto does not guarantee the Advertiser a specific position in the search results list but seeks, within the limits of possibilities and statistical science, to ensure equal opportunities for all Advertisers to be seen by Users, considering the equality of card quality.

5.11 The Advertiser acknowledges that the email and SMS systems operate on a "best effort" basis, and no guarantee can be given that an eventual booking or contact email or SMS will reach their email inbox or mobile device. It is, therefore, the responsibility of the Advertiser to frequently check their account to verify the reception of requests and bookings from Users.

5.12 The Advertiser acknowledges that the services of automatic reporting of the registered guests to the AlloggiatiWeb system of the State Police and the reporting of tourist flows to the Regions/ISTAT are provided "as is," and rely on third-party software services. Studio Scivoletto, while guaranteeing to do its best to improve their functionality, cannot guarantee their regular operation. Therefore, Advertisers are encouraged to always check that the operations carried out through these services are successful, and if not, perform them directly on the AlloggiatiWeb website or on the website of their Region.

5.13 In the event that the Advertiser decides to interrupt the publication before the natural expiration date of the contract or subscription, there is no possibility for the Advertiser to request a refund of the amount paid at the time of subscription. In case of suspension of the advertisement by the Advertiser and subsequent reactivation, the duration of the contract will not be modified. Therefore, it is not possible to extend the duration of the package to recover the suspended period.

5.14 Subscribers who have signed a contract (up to April 2022) have the option to terminate the contract by sending a registered letter with acknowledgment of receipt to Studio Scivoletto S.r.l., Via Catagirasi snc - 97015 Modica (RG), Italy, to be sent within 30 days from the contractual expiration date. Subscribers who have subscribed to an online subscription (from April 2022) can disable the automatic renewal from their reserved area by clicking on the "Manage Subscription" section.

In any other case of termination by the advertising user before the expiration date, no amount will be refunded by Studio Scivoletto.

5.14 The subscriptions, in effect from April 2022, allow Advertisers to publish periodic advertisements, with periods even less than a year, paying them in monthly installments. Subscriptions are automatically renewed unless the Advertiser deactivates the automatic renewal from the "Manage Subscription" section of their reserved area. It is not allowed to interrupt the payment of monthly installments before the subscription's expiration.

5.15 By entering their data in the Portal, the Advertiser gives consent to the publication of their name, photos, and all the information entered on the Site. The data entered through the registration process may be used by Studio Scivoletto in compliance with the Privacy Policy, which the user declares to have carefully read and consented to, in accordance with the law. The Advertiser also agrees to the use of photos and texts present on their Structure's website or on social accounts or other portals of the Structure if they are used by Studio Scivoletto to enrich the Structure's card on the Site. In fact, if the Structure's card were to be lacking in information, Studio Scivoletto, in the interest of the Advertiser User, could complete it using publicly available photos, texts, and videos present on the Structure's website, social pages, or other portals where the Structure is listed, within the limits and respect of any clear copyright notifications.

5.16 By registering, the Advertiser is aware of and consents to receiving company communications (service notifications, suggestions, reminders, promotions dedicated to subscribers, or other types of alerts) via email, SMS, Whatsapp, Telegram, or Facebook Messenger to the contact details provided by the user.

5.17 The advertiser is aware that all prices indicated to users will be rounded down to the nearest whole number. For example, €49.10 will be rounded down to €49, and €49.90 will also be rounded down to €49. The rounding will also apply to amounts with a certain discount applied by the advertiser. For example, if the price of a room is €70, and the non-refundable rate discount is 3%, the discounted price of €67.90 will be rounded down to €67.

6 - Additional Services and Paid Services for Advertisers

6.1 Studio Scivoletto provides additional services and may occasionally add or remove extra services and/or paid services for advertisers. These services include:

  • Extra visibility services on other websites or pages of partner sites with which Studio Scivoletto has entered into a distribution agreement (e.g., Trivago, TripAdvisor, Google, Facebook) or its own partner sites (e.g., beb.it). However, Studio Scivoletto does not guarantee the visibility of the advertisement on sites other than the one where the advertisement was created.
  • Multilingual service that advertisers can use for free, acknowledging and accepting that this is a static automatic translation system that may make errors.
  • Free SMS service that informs the advertiser about booking requests related to the published advertisement. The advertiser understands and accepts that SMS is not 100% reliable and may be subject to connection issues due to the mobile network and other factors beyond the control of Studio Scivoletto.
  • iCal, a file format that allows creating and sharing electronic calendars to synchronize the calendars on the Platform with those of other sites or platforms. The Platform allows advertisers to import and/or export calendars. Advertisers using this service are aware that some portals allow bidirectional synchronization, while others only allow unilateral synchronization. Therefore, it is the responsibility of the advertiser to ensure the synchronization conditions of each portal before proceeding with the synchronization. Advertisers using this service understand and accept that iCal is a tool that facilitates calendar updates and booking management, but it is not 100% reliable and may be subject to issues beyond the control of Studio Scivoletto. In this regard, Studio Scivoletto is not responsible for any failure in calendar date synchronization. It remains the responsibility of the advertiser to ensure that updates occur correctly.
  • Free channel manager called iReservation, which allows synchronizing the calendars of Bed-and-Breakfast.it and all sites of the Network with those of other portals (OTA). This service is provided "as is." Therefore, Studio Scivoletto declines any responsibility regarding the use of iReservation and the possible presence of bugs that could affect its proper functioning, while ensuring prompt intervention to correct any reported errors. In particular, it is the responsibility of the advertiser to constantly ensure that both prices and calendar availability and occupancy are correct and that calendar synchronization across different platforms occurs as expected.

7 - Cancellation of Bookings, Obligation of Re-protection

7.1 The cancellation of a booking made through the Platform is an act that concerns the Host and the User, excluding any involvement of Studio Scivoletto, just like the booking itself. The eventual refund of the deposit or the payment of penalties will take place according to what was established during the booking process between the two parties.

7.2 It is understood that Hosts are required by law – and by joining the Platform, they commit – to guarantee the full enjoyment of the rights of the Users. For example, in the event of overbooking, Hosts will be obliged to offer Users an equivalent, if not superior, accommodation as close as possible to the one originally selected, bearing all related transportation expenses and any price difference.

8 - User Reviews

8.1 User reviews published on the platform must:

Reviews that do not comply with the above guidelines (including self-referential reviews by advertisers) are not allowed and, if published, will be removed.

8.2 It is understood that while necessary checks are made to ensure compliance with the above guidelines, Studio Scivoletto is not responsible for the content of user reviews.

8.3 Studio Scivoletto reserves the right not to publish or to remove reviews that are deemed untruthful due to being biased, vindictive, or excessively punitive (for example, reviews with all minimum ratings may be considered vindictive and thus not publishable when the existing average of reviews is positive).

It is understood that Studio Scivoletto reserves the right to delete listings with excessively negative reviews. Advertisers can delete reviews older than two years.

9 - Actions not allowed on the Platform

On the Platform, it is not allowed to:

Users and Advertisers who violate these provisions will be solely responsible for the damages they may cause to the Platform, Studio Scivoletto, and Third Parties, with Studio Scivoletto reserving the right to immediately expel them from the Platform.

10 - Exclusion of warranties and liability

10.1 Except as expressly stated in these Terms, the sole responsibility for conduct that is not in compliance with these Terms or otherwise in violation of them or applicable laws lies with the respective author (whether it be a User or an Advertiser). Consequently, for example, Studio Scivoletto S.r.l. is not liable for damages resulting from:

In particular, Studio Scivoletto is not obligated to verify or control the content and information provided by Users or Advertisers, nor does it bear any responsibility for the content, data, and/or information provided by Users or Advertisers on the Platform or for the content of external links provided by them.

10.2 It is understood that in case of unlawful conduct or conduct contrary to these Terms, Studio Scivoletto may: terminate any relationship, whether negotiable or not, with Users and Advertisers; limit, suspend, or terminate access to the Services; prohibit access to the Platform; delay access or delete saved content; take technical and legal measures to prevent access to the Platform.

10.3 By accepting these Terms, Users and Advertisers agree to indemnify Studio Scivoletto, its employees, executives, and agents from any claims or demands for compensation from third parties that may arise from a violation, even of a single condition contained in these Terms, legal obligations, or third-party rights.

10.4 In any case, Studio Scivoletto reserves the right to report unlawful conduct to the competent Police Authorities and to take action for the compensation of any damages, both economic and non-economic, suffered as a result.

11 - Treatment of Personal Data

11.1 Studio Scivoletto values the security of data provided by Users and Advertisers and, therefore, will treat them in full compliance with the provisions of the current regulations, as indicated in the general information regarding navigation on the Platform (viewable here) and in those related to the various Services.

12 - Intellectual Property

12.1 All the content of the Platform, including trademarks (including domain names), designs, graphics, texts, logos, icons, language code, and software, are owned or licensed to Studio Scivoletto ("Intellectual Property").

12.2 Publishing, distributing, displaying, modifying, creating derivative works, and manipulating the Intellectual Property in any form is strictly prohibited without written authorization from Studio Scivoletto or the respective third-party owners.

Considering the above, users may view the content of the Platform for personal and non-commercial purposes, store it electronically on a disk (but not on a server or network-connected storage device), and print a copy. In this case, it will be necessary to indicate or attribute the respective Intellectual Property rights.

12.3 The names and images of the Structures and services offered therein, as well as the trade names and trademarks of the Advertisers present on the Platform, are the exclusive property of their respective owners. If users intend to use such content, they must directly contact these third parties.

12.4 Users grant Studio Scivoletto a free, non-exclusive, worldwide, and perpetual license to use the texts and images they publish on the Platform.

13 - Final Provisions

13.1 These Terms constitute the entire agreement between Studio Scivoletto, on one side, and Users and Advertisers, on the other, regarding the use of the Platform, and there are no other documents that can modify, supplement, or override the general and specific rules of using these services.

13.2 Any deviation from these Terms must be formalized through a signed written document.

13.3 If any provision of these Terms is found to be invalid or unenforceable, the invalidity or unenforceability shall not affect the remaining contractual provisions.

13.4 Unless otherwise specified and communicated separately, all legal and contractual communications shall be addressed to the registered office of Studio Scivoletto as indicated above.

13.5 The failure of Studio Scivoletto to exercise a right shall not be construed as a waiver of its right to take action for the breach of commitments undertaken by Users / Advertisers.

14 - Applicable Law and Jurisdiction

14.1 The applicable law to these Terms and Conditions - as well as to all legal relationships between the User/the Structure, on the one hand, and Studio Scivoletto, on the other, regarding the Services offered by the Site - is the Italian law, with express exclusion of the provisions of private international law concerning conflicts of laws.

14.2. In the event that the User acts as a consumer, in accordance with Legislative Decree 6 September 2005, No. 206, articles 66 and following, Studio Scivoletto informs that:

a. any dispute relating to the application, execution, or interpretation of these General Conditions shall be under the jurisdiction of the court of the place where you reside or have elected domicile if located in the territory of the Italian State; b. any dispute, directly or indirectly related to the conclusion, execution, interpretation, and termination of contractual relationships resulting from the use of the services offered by the Site that cannot be resolved amicably may be submitted to alternative dispute resolution bodies (ADR - Alternative Dispute Resolution).

For these purposes, Studio Scivoletto reminds that the User may also access the dispute resolution services made available by the European Union through the online platform http://ec.europa.eu/odr.

15 - Assignment Prohibition in Procurement Matters and Change of Circumstances

15.1 Neither this contract nor the rights derived from it may be resold by the Advertiser. Any transfer, resale, or assignment of this contract or its rights by the user is considered null and void by Studio Scivoletto and constitutes grounds for contract termination.

15.2 The parties shall mutually inform each other of any changes in circumstances that may affect this contract.

15.3 In case of disputes, the Italian version of these Terms and Conditions shall always prevail.