for advertisement on domiziles.com

The following General Terms and Conditions apply to advertising placements, in particular entries into the online catalog on the Web site http://domiziles.com.   Operator of the Web site is Domiziles S.r.l. (in the following called “Offeror”). Commercial clients (in the following called “Operators”) can enter and offer their objects in the listing, so Web site visitors can inquire directly about these objects. The General Terms and Conditions are recognized by the Operator upon order placement and apply for the entire duration of the business relationship. They are valid also for future business transactions. Any and all contradicting conditions of the Operator are expressly rejected. They are also invalid, if Domiziles S.r.l. does not expressly reject them. They are valid only if Domiziles S.r.l. expressly accepts them in writing in individual cases.

1. Subject Matter of the General Terms and Conditions

The subject matter of the General Terms and Conditions is advertising performances on the Web site domiziles.com. Within the context of the General Terms and Conditions, for this the Offeror publishes in the online catalog the accommodations indicated by the Operator in the individual order. The publication hereby occurs for the duration and data amount described in the individual order. The Offeror does not offer a broker service. Likewise, the admission of guests occurs only and directly through an agreement between the Operator and the guest. If the Operator appears as an Offeror of all-inclusive arrangements, then he is also a tour operator under the applicable law and must comply with the applicable legal regulations. The Offeror advertises the online catalogue at his own discretion through suitable advertising forms.

2. Data of the Advertising Placement

Only the Operator himself enters the data through a personal account in the online system of Domiziles. Upon the first registration, the Operator receives an automatically generated Operator ID from the system, with which he can view and change his data over the Internet.  The Operator must ensure that no third party gains access to this access data. If the Operator suspects that a third party could view the access data, he is obligated to change the password immediately through his personal account or to contact the Offeror immediately to block the access data. The Offeror may refuse to enter texts and photos of insufficient quality into the listing and reserves the right to examine texts editorially and to change the content. The Offeror is not subject to directives, regarding the concrete representation and processing of the data provided by the Operator. 



3. Method of Payment

Payment must be made immediately upon order placement and in advance of publication and is also not repayable even in case of dissolution of the contractual relationship. Operators with place of business/domicile (billing address) in a European Union member state outside of Italy receive net bills without value added tax (VAT) [Umsatzsteuer, USt]. Therefore, they are debtors of the VAT and obligated to pay it to the responsible tax office for the net invoice amount at the VAT rate set by their country.  Regarding payments from abroad, the Operator must bear any and all resulting bank fees. If the payment is not complete or if payments are pending, the Offeror is entitled to close the entry without previous notice until the complete payment is received. The posting cycle keeps running without interruption.  When payment is delayed, the Offeror is entitled to charge a flat-rate collection fee for the second reminder in the amount of 10.00 EUR and to charge interest at 6% above the base interest rate of the European Central Bank. Proof of a smaller damage is allowed. The Offeror must activate the online catalog entry within five working days after receiving the complete data and payment.
 


4. Rights of Third Parties and Liability

The Operator confirms that he has the marketing rights to the object offered by him and may rent it out. Only the represented object is brokered through an entry in the online catalogue. The Operator must show all data correctly to the best of his knowledge and not enter any luring [“bait-and-switch”] objects into the listing.  This refers in particular to data regarding price and availability. The Operator assures that content published or given by him to the Offeror for the creation of the presentation does not violate Italian or foreign copyright, data protection, competition, and other laws to the applicable extent. The Offeror reserves the right to refuse or block the publication of content, which obviously violates the rights of third parties. The Offeror does not have an examination obligation. The Operator hereby expressly holds the Offeror harmless against any and all third-party claims that are based on Web site content of the Operator that violates any rights. The Offeror is under no circumstances liable for the unavailability of servers over the Internet due to technical or other problems that are not in the Offeror’s direct sphere of influence (force majeure, third-party culpability, etc.). The Offeror is responsible only for damage caused by him through gross negligence or intentionally.  In all other respects, liability is excluded.



5. Data Protection

The order is executed with regard to the applicable data-protection laws. Pursuant to applicable Italian law, the Operator is hereby informed that the Offeror stores the Operator’s data in machine-readable form and processes it electronically for the purposes of the General Terms and Conditions. The Offeror may store the Operator’s inventory data and transaction data (e.g., access statistics, passwords, etc.) for the fulfillment of the services agreement, as well as for internal business purposes. The Operator may object to such use of his data. The Offeror may not transfer this data to third parties under any circumstance without the express consent of the Operator. This does not apply only to the extent the Offeror is legally obligated to communicate such data to third parties, especially governmental agencies. Upon demand, the Offeror must inform the Operator completely and free of charge at any time about the stored data, as far as it concerns the Operator. The Offeror expressly informs the Operator that the data protection for data communication in open networks, such as the Internet, cannot be comprehensively ensured under the present state of technology. The Offeror may view the data stored on the Offeror’s server at any time.  Also third are perhaps technically able to illegally view the Operator’s data.
 


6. Duration of the Services Agreement, Cancellation, and Termination

The order determines the contractual duration. An entry refers to an exactly determined object in each case, which has been assigned a clear object number (ID).  An existing entry cannot be overwritten with data of another object. The duration of the services agreement cannot be interrupted. The deactivation of an object terminates the remaining duration. A reimbursement or an offset against other objects is not possible. The services agreement automatically extends itself by the original duration of the entry (usually 12 months), if the Operator does not terminate the services agreement in writing at the latest three months before the expiration of the contractual duration of the services agreement (by fax, mail, or letter). The Offeror has the right to terminate the services agreement without notice for a material cause.  A material cause for the Offeror to terminate the services agreement] is in particular, but not exclusively:

• an offence by the Operator against legal prohibitions, in particular the violation of criminal, copyright, competition, trademark, or data protection laws
• a payment delay by the Operator of over 14 days
• the continuation of any and all kinds of contractual breaches by the Operator after a warning by the Offeror

 


7. Applicable Law, Jurisdiction

Agreements between the Offeror and the Operator are subject to Italian law. The jurisdiction is Vallo della Lucania - SA. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.



8. Other Regulations

Changes of or additions to these General Terms and Conditions between the Offeror and the Operator are valid only in writing. All notices and accountings of the Offeror may be sent electronically to the Operator. The invalidity of one or several regulations of the General Terms and Conditions does not affect the validity of the remaining regulations. If a regulation of the services agreement or the General Terms and Conditions becomes totally or partly invalid or later loses its legal force or show a gap, it shall not affect the validity of the remaining regulations. As far as legally allowed, another reasonable regulation, which comes economically closest to the one which the contracting parties wanted or would have wanted, if they had considered the invalidity of the regulation or the gap, shall apply instead of the invalid regulation or the gap.