Last update: Monday, July 24, 2023
Terms and Conditions of Use
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: firstname.lastname@example.org
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.
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.
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:
- Search for Properties by viewing the listings published on the Platform.
- Communicate with Advertisers via email, phone, WhatsApp, or through the internal messaging system.
- Contact Studio Scivoletto at the provided addresses to request further information or clarification about the Platform.
2.6 If Users then register on the Platform ("Registered Users"), they will have the option to:
- Create their own account.
- Make and manage their bookings in the Properties.
- Post reviews about their experience at the Properties.
- Receive communications, information, or promotions from Studio Scivoletto via email, SMS, or other channels such as WhatsApp or Facebook Messenger, regarding this sector and other potentially interesting sectors, unless the User has opted out of receiving such communications.
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:
- Fill out the specific form to provide personal data (e.g., email addresses, name, and surname) necessary for the proper execution of the requested Service.
- Express or deny one or more consents to allow Studio Scivoletto to perform data processing beyond what is necessary to provide the requested Service (e.g., sending 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 during registration). For the consequences resulting from denying consent, refer to the information on data processing related to the offered Services.
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:
- Are of legal age.
- Will not attempt to bypass the security measures of the Platform or violate the network.
- Will not use the Platform for purposes other than intended.
- Will not engage in any illegal activities in connection with the use of the Platform and its Services.
- Will provide truthful, accurate, updated, and complete information when required.
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:
- Failure to update data.
- Illegitimate communication of data (e.g., providing untrue information or using someone else's data).
- Use of the Platform in a manner inconsistent with what is provided herein or for unlawful purposes.
5 - Special Provisions for Advertisers
Special Provisions for Advertisers:
6 - Additional Services and Paid Services for Advertisers
7 - Cancellation of Bookings, Obligation of Re-protection
8 - User Reviews
8.1 User reviews published on the platform must:
- Be appropriate and relevant, meaning they must pertain to the structures listed on the platform.
- Refrain from containing obscene, threatening, racially motivated, sexually explicit, or otherwise derogatory comments towards others' rights and dignity.
- Be based on real user experiences. The content of reviews should reflect actual experiences of the users.
- Only refer to the stay at the structures (and not to the pre-stay negotiation phase).
- Be specific and unique: each user can post only one review for each structure they have stayed in.
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:
- Carry out any discriminatory actions (such as imposing different terms or conditions, accepting bookings, making preferences based on ethnicity, skin color, geographical origin, religion, sexual orientation, gender identity, or marital status).
- Insert offensive or defamatory comments towards Users, individuals, or companies, or use inappropriate terms or language. In such cases, Studio Scivoletto reserves the right to suspend the User or the Advertiser and take any appropriate consequential measures.
- Provide untrue and/or inauthentic information both during the completion of the forms required for registration on the Platform and regarding the details of the advertised Facilities and billing information. It is understood that Users and Advertisers will be solely responsible for the information they provide if it turns out to be false or inaccurate and for any damages that such information may cause to Studio Scivoletto S.r.l. or other Users or Advertisers.
- Insert, advertise, offer, or distribute pornographic content or content that disturbs Users and Advertisers (especially through spam).
- Insert, advertise, offer, or distribute products, services, or content protected by law such as copyrights, trademarks, utility models, or aesthetic models without the right to do so or engage in actions aimed at promoting actions against free competition, including those aimed at capturing customers (such as network systems).
- Use software or scripts in relation to the use of this website.
- Block, overwrite, modify, or copy the content of the Platform unless it is necessary for the proper use of web services or for strictly personal purposes. For example, the use of research technologies such as 'Robot / Crawler' is not necessary for the proper use of website services, and therefore is expressly prohibited.
- Reproduce on the Platform public or other users' content without prior authorization.
- Request Users to send cash by mail, use immediate money transfer services such as Western Union or MoneyGram for the total or partial payment of transactions related to Reservations. The publication on the Platform of such payment methods may result in the immediate removal of the advertisement from the Platform without the need for prior notification to the user or refund.
- Perform actions that may damage the function or infrastructure of Studio Scivoletto.
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:
- Inaccuracy, incompleteness, and outdated information provided by Advertisers, nor any errors or omissions regarding the contents submitted by them.
- Errors and/or omissions that may interfere with the successful completion of the booking and, therefore, the User's stay.
- Opinions expressed by Users.
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.