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Terms of Service

The owner and manager of the portal www.gardensharing.it (di hereinafter "Site"), is GARDEN SHARING SRL with headquarters in Ancona, 60125, via Mascino 1/a – VAT number and Tax Code 02743520427 (hereinafter "Garden Sharing").

The Terms of Service govern access to and the use of the website www.gardensharing.it by of the User and / or the Visitor and contain important information, including that concerning the obligations in matter of Contents, or the limitations of responsibility of the Company towards of the User and / or the Visitor.

the Site and the Services include an online platform through which Owners can create Ads related to their Spaces and Guests can inquire and book these Spaces directly with the Owners.

The Site and the Services are intended for individuals only aged 18 or over. Any access and / or use of the Site or the Services by anyone under 18 is expressly prohibited.

By accessing or using the Site or the Services, the User and / or the Visitor declares and guarantees, under his own liability, including criminal, to be at least 18 years old.

The Company disclaims any kind of responsibility in case of access and / or use of the Site or the Services by anyone under the age of 18 and yes reserves all right to adopt the measures that will deem it more appropriate including, by way exemplary but not exhaustive, the immediate cancellation of the Garden Sharing Account.

Users, or more generally, Visitors and others third parties and, in any case, anyone who accesses, visits or use the website www.gardensharing.it, even if & eacute; Not registered, agree to comply and be legally bound by the Terms of Service and the general conditions indicated below ("Terms of Service").

Each Visitor and / or User is therefore required to read carefully and understand the terms and clauses of these Terms of Service, written in plain language and inclusive as required by Regulation (EU) 2019/1150.

Failure to comply with the Terms of Service may entail civil and / or criminal penalties against of the User and / or the Visitor.

The use of the Site implies the acceptance of the these Terms of Service .

If the User and / or the Visitor does not agree with i these Terms of Service, must refrain from the use of the Site, n & eacute; will be able to carry out the registration. Oltremodo, if the User and / or Visitor should not agree that the changes occurred of Terms and Conditions, must refrain from using the Site and / or cancel your own registration.

The content of these Terms of Service provides Important user information, including information about it the methods of use of the platform, or to the limitations of liability of Garden Sharing towards Users.

It should be noted that in certain areas of the Site (as well as for access or use by the User certain aspects of the Services or Content) may be published terms and conditions, standards, guidelines, or different policies or they may require that the User agrees and accepts additional terms and conditions.

If there is a conflict between these Terms of Service and the conditions published for a specific area of ​​the Site and the Services or Content, the latter will take precedence regarding the use or access to that area of ​​the Site and the Services or Content from part of the User.

The User acknowledges and accepts that Garden Sharing does not is part of any contract stipulated between the Owners and Guests and who is not a real estate broker, agent or insurer.

Garden Sharing has no control over the conduct of Owners, Guests and other Users and / or Visitors of the Site o of the Services, n & eacute; on any Space, and declines every and any responsibility for conduct set in be by the aforementioned subjects in violation of laws and / or regulations, ordinances and / or customs or those present Terms of Service.

In particular, the User, simultaneously with the registration on the Site, acknowledges and declares to be subject third and independent of Garden Sharing and not to be for no employee, agent, agent or participant reason to a joint venture and / or partner of Garden Sharing.

Garden Sharing does not control (and has no right to check) the User Announcement and / or his offline & nbsp; activities associated with the own Ad.

The User undertakes to refrain from implementing conducts that may give rise to the erroneous conviction to operate in the name and on behalf of the Site and / or Garden Sharing, and undertakes to refrain from any unauthorized use of the intellectual property of Garden Sharing, otherwise Garden Sharing reserves the right to act, towards defaulting parties / transgressors, at the competent legal offices, in order to be protected and safe the possibility of claiming compensation for damages suffered and & nbsp; subendi .

In particular, the Users, at the same time as the publication of each Announcement declare that they know the legislation national, regional, provincial and regulations and / or municipal ordinances in force in the places where the real estate units, land, registered movable property subject of subsequent announcements and any limitations to ability to lease the same, even for short periods.

The owners also declare that they know the fiscal and fiscal obligations related to the lease of buildings and spaces as well as; of the Experiences published on the "Site" www.gardensharing.it.

Garden Sharing declines any and all liability for any sanctions, fines e convictions of a civil, criminal, tax and / or nature administrative, which should be provided to the Owner or to the Guest for non-compliance with the law and / or regulations and / or ordinances also, but not limited to, relating to rental of registered real estate and / or movable property, as well as & eacute; of the Experiences published in "Site" www.gardensharing.it and / or for each case connected, connected, to the object of publication and / or the relationship that derives from it between Users / Guests / Owners.

The User declares to have read carefully and to accept the Garden Sharing Privacy Policy (and subsequent updates), which also governs and regulates the collection and use by Garden Sharing of personal data of Users.

Therefore, please read carefully the Privacy Policy, at the address & nbsp; www.gardensharing.it/index.php/privacy-policy 

INDEX

1) GENERAL CONDITIONS OF USE OF THE SITE

1.1. Definitions

1.2. Duration

1.3. Changes to the Site or the Terms of Service

1.4. Operation of the Site and Services

1.5. Account Registration

1.6. User verification and control policy

1.7. User Conduct

1.8. Reporting misconduct

1.9. Intellectual property and copyright

1.10. Garden Sharing Content and Content License of Members

1.11. User Content

1.12. Link

1.13. Feedback

2) ANNOUNCEMENTS AND BOOKINGS

2.1. Ads

2.2. Experiences

2.3. Reservations and economic conditions for the Owners & ndash; Payment terms

2.4. Reservations and economic conditions for guests - Payment terms

2.5. Insurance Policy

2.6. Service fees and other fees

2.7. Cancellations and refunds

2.8. Rounding

2.9. Booking changes

2.10. Taxes

2.11 Stripe

3) CANCELLATION, SUSPENSION AND EXEMPTION FROM RESPONSIBILITY'

3.1. Cancellation of Garden Sharing Account by of the User

3.2. Cancellation, suspension and other measures

3.3. Exclusions and limitations of liability of Garden Sharing

3.4. Indemnity

4) FINAL PROVISIONS

4.1. Transfer

4.2. Applicable law

4.3. General clauses

4.4. Garden Sharing contacts

1) GENERAL CONDITIONS OF USE OF THE SITE

1.1. & Nbsp; Definitions

Garden Sharing provides an & nbsp; online platform & nbsp; which publishes the Announcements of the "Owners" of "Spaces" to be leased to "Guests" for recreational use and / or shelters temporary for people and / or cars and / or campers and / or tents and / or & nbsp; Roulottes .

For the purposes of the Terms of Service:

- "Site" means the portal www.gardensharing.it, as well as & eacute; any other website and / or tool computer and / or application through which Garden Sharing makes the Services available for mobile devices, tablets and other devices and application program interfaces.

- "Visitor" means anyone who visits and / or logs in and / or view the pages of the Site, even if & eacute; Not registered.

- "User" means anyone who has completed the registration process on the Site, including, among others, i Owners and Guests, as described in section "Account registration" of Terms of Service.

- "Owner" means the User who creates a Announcement through the Site concerning an available Space for the reservation.

- "Guest" means the User requesting ad an "Owner" booking a Space, from the second made available through the platform Garden Sharing, through the Site or the Services.

- "Space" means, by way of example but not exhaustive, the land and / or fields and / or gardens and / or garages and / or Car and / or Camper and / or Tents and / or & nbsp; Caravans & nbsp; and / or other spaces falling within those generically definable as real estate and / or registered movable property, generally put available for rental for recreational purposes and / or for temporary shelters for people;

- "Services" means the Advertisements published on the Site by Guests, as well as & eacute; all "Contents" that the portal makes available through the Site, therein including the Services or related promotional campaigns and i official channels on & nbsp; social media , including any "Content" licensed by a third party, with the exception of User Content.

- "Announcement" means any Space indicated by Owner as available for booking through the Site and any Experience that the Host intends promote and propose.

- "Garden Sharing Contents" means the text, graphics, images, music, software, audio, video, information or other advertising material and / or informative.

- "User Content" means all Content that a User enters, uploads, publishes, forwards, transmits or includes in its Ads, in the profile of the User or in the GARDEN promotional campaign SHARING so that & eacute; are available through the Site or services.

- "Collective Contents" means the Contents of the Garden Sharing Users and Contents.

- "Price of the Space" means the sums owed by a Guest and payable for the stay of the Guest in a Space by the owner placed at available through the Garden Sharing platform and / or the sums owed by a Guest and payable against of the activity carried out by the Guest following of the booking of Experiences. Only the Owner, and not Garden Sharing, has the responsibility for setting the Space Price e of the Experiences related to your Announcement. The owner decides at its discretion whether to include in this amount the Taxes that the Owner is required to apply.

- "Guest Fee" means the costs that Garden Sharing receives from a Guest for use of the Services, which are calculated as a percentage of the Price of the Space and / or Experiences. The Commissions of the Guest will be visible in the sending phase of the booking request to the Owner.

- "Owner Fee" means the costs that Garden Sharing receives from an Owner for the use of the Services, which are calculated as a percentage of the Price of the Space and / or Experiences. The Owner's fees will be shown at the latter when asked to confirm or reject a reservation request by of a Guest.

- "Payment Method" means a method of payment linked to the individual User's Account.

- "Service Fee" means the sum of money relating to the Guest and Owner Fees.

- "Total Price" indicates the sum of the Price of Space and Guest Commissions plus each any tax.

- "Booking Acceptance Time" indicates the period of time within which the Owner can confirm or reject the booking request by the Guest. Different Acceptance Times of the Reservation may apply depending on the locations.

- "Notification" written communication / feedback sent to users

- "Experiences": various kinds of activities organized by the Host. By way of example, but not exhaustive the host can propose: a ride on a sidecar, conducting a painting, poetry or writing, a course for the search for truffles or for the & nbsp; mushroom picking, a yoga class, a tour with tasting inside a farm or wine, walks and activities in the company of animals (e.g. horses or alpacas), a theoretical / practical course on the world of wine with tasting, a kayak tour o boat, personal shopper, balloon flight, course preparation of cocktails or food etc.

1.2. Duration

The Terms of Service and any subsequent amendments will be valid, effective and binding for Users and / or i Visitors until the last use of the Site and in any case until the Garden Sharing Account is canceled. Without prejudice, of course, that what is established in the Terms of Garden Sharing Service will maintain effectiveness on effects resulting from the use of this platform and / or by contractual and non-contractual relationships that may arise achieve, regardless of cancellation of the Garden Sharing Account and / or non-use of the platform.

The User may decide not to use plus the services contained in the Site and abandon the platform at any time, even in the absence of a specification reason provided that there are no active transactions in course attributable to it.

1.3. Changes to the Site or Terms of Service

Garden Sharing may unilaterally modify the Terms of Service in case of technical changes and / or administrative, marketing choices, additions or reductions of services and / or products and, more generally, in each in any case it is deemed necessary.

Garden Sharing reserves the unquestionable right, in any time with or without prior notification, of:

- unilaterally modify the Terms of Service, in accordance with applicable legislation;

- make changes to the Site, including deletion or the interruption of any information or Service, or the total or partial elimination or interruption of others functionality of the Site;

- prohibit and / or interrupt the use and / or access to the Site from part of the User, in the cases governed by these Conditions.

Any changes made to the Terms of Service it will be effective from the date of its inclusion in the Site. The Company will also update the " date of last update "at the bottom of the Terms of the Service published on the Site.

The User and / or the Visitor agrees that the use of the Site, after the contribution of such changes, will constitute acceptance of the same for conclusive behavior and / or by express approval.

If the User and / or the Visitor does not agree with updates to the Terms of Service, will have to refrain from using the Site. We therefore invite you the User and / or the Visitor to periodically return to this page in order to always know the version most current of the Terms of Service.

1.4. Operation of the Site and Services

Garden Sharing makes available a platform or "E-marketplace" & nbsp; online & nbsp; with related technology so that & eacute; Guests and owners yes meet & nbsp; online & nbsp; and agree booking of spaces directly between them. Users declare that they know and accept the clauses provided by Garden Sharing for the use of this platform and as a result they commit themselves to their respect.

The Site and the Services can be used to facilitate the insertion of Announcements and the booking of Spaces. These Spaces are included in the Announcements of the Site and of the Services by the Owners.

The Visitor can view the Announcements even if not registered on the Site; however if you want to book one Space or create an Ad, you need to run the registration and creation of a Garden Sharing Account (as defined below).

Garden Sharing is not the owner, n & eacute; manager, n & eacute; supplier, n & eacute; property agent real estate (e.g. buildings and / or land), included, to pure by way of example, campsites, tourist villages, " open air tourist accommodation facilities ", hotel rooms, motel rooms, other accommodations o Spaces as well as & eacute; of registered movable property.

Garden Sharing does not own, use, sell, resell, provides, rents, subleases, leases, subleases, manages and / or controls real estate (e.g. buildings and / or land), including but not limited to campsites, tourist villages, tourist accommodation facilities " open air ", hotel rooms, motel rooms, other accommodations or Spaces, as well as & eacute; transportation services or travel and / registered movable property.

Garden Sharing does not control and is not responsible for the content of the Ads n & eacute; of the characteristics, of the ownership and / or legitimacy and / or the suitability of the Spaces included in the Advertisements.

Users are aware and accept that Garden Sharing does not guarantee n & eacute; ensures that the platform / Site it will work without interruptions or errors. Garden Sharing provides the use of the platform "so as is "and as" as available.

Garden Sharing informs, and the User accepts, that if violation should emerge due to a programming error of privacy and / or sensitive data, the User is burdened by reporting it via e-mail in writing and Garden Sharing which undertakes, within a reasonable time, to correct, cancel the error / violation that may have emerged and / or ascertained.

In any case, the User is aware and accepts that Garden Sharing cannot be held responsible, with all legal consequences, for any error due from system, programming etc.

1.5. Account Registration.

In order to access certain functions of the Site, as well as & eacute; to book a Space or create an Ad, you need to register and create a account ("Garden Sharing Account") and become User.

The Visitor can register to use the Services directly through the Site or as described in this section.

The Visitor can also register by running the & nbsp; login & nbsp; into your & nbsp; account & nbsp; of certain third party & nbsp; social network & nbsp; sites parties ("SSN") (including, but not limited to example, Facebook; Twitter; Google+ each of such account called a "Third Party Account"), through the Site as described below.

As an integral part of the functionality of the Site and the Services, the User can connect their own "Garden Sharing Account" to the "Accounts of Third Parties ", in one of the following ways:

(i) providing your "Third Party Account" i login data of the "Garden Sharing Account" through the Site or the Services;

(ii) allowing Garden Sharing to access to the "Third Party Account", in accordance with as permitted under the terms and conditions applicable laws governing the use of each of such "Third Party Accounts".

The User declares that he has the right to disclose the your access data to the Third Party Account a Garden Sharing and / or to allow Garden Sharing access to your Third Party Account, without violate any of the terms and conditions that govern the use of the Third Party Account Parties applicable, and without obligating Garden Sharing a pay commissions, or make Garden Sharing subject the usage limits imposed by that service provider of third parts.

Allowing Garden Sharing access to any "Third Party Account", the User agrees that it is in the power of Garden Sharing of access, make available and archive any Content provided and stored in your Third Party Account Parts ("SSN Contents") so that it is available through the Site and the Services through the own "Account Garden Sharing" and the page of the Profile of the "Garden Sharing Account".

Unless otherwise specified in the Terms of Service, all "SSN Contents" will be considered User Content for all purposes of the Terms of the Service. Depending on the chosen Third Party Accounts by the User and subject to the privacy settings selected in such Third Party Accounts, the information of personal identification published on such Third Party Accounts Parts will be available on and through your Account Garden Sharing, the Site and the Services.

If a Third Party Account or an associated service should become unavailable, or accessed from part of Garden Sharing to such Third Party Account should be terminated by the third party service provider, i SSN content will no longer be available on and through the Site and the Services.

The User has the right to disable the connection between your Garden Sharing Account and Third Party Accounts at any time by accessing the " Settings " section of the Site.

Relationships with associated third-party service providers to "Third Party Accounts" are governed exclusively from User agreements with such third-party service providers and, therefore, Garden Sharing is not responsible for the effects deriving from the content of such agreements.

Garden Sharing does not perform any analysis, n & eacute; is responsible for any reason whatsoever for the Contents SSN, including, but not limited to, the accuracy, legality or completeness of the themselves and of the effects, of whatever nature, that they do descend.

The Garden Sharing Account and Profile page of the User's Garden Sharing Account will come created on the basis of personal data provided or obtained through a "SSN", according to what previously indicated.

It is not possible to have more than 1 (one) Account Garden Sharing active, as the Platform allows to the User, with an Account, to carry out various actions.

Should a person register on behalf of a company, cooperative, organization, association or other entity / legal person, these represent and guarantee to be authorized to do so and, consequently, in the declared quality, of accept the Garden Sharing Terms of Service.

The User agrees to provide accurate, complete, truthful and current during the registration process and update such data to keep it accurate, current, truthful and complete. False, incomplete, out-of-date data are harbingers of responsibility and demand for compensation for damages by Garden Sharing, in towards the Users who have entered / provided them. In in any case, Garden Sharing cannot be held responsible if such data cause damage to third parties, persons and / or things and / or are harbingers of sanctions, fines etc.

With particular reference to the inclusion, by of Users, of incomplete data (by way of example, but non-exhaustive, failure to enter the tax code and / or any further data necessary for billing), these the latter are aware and accept that Garden Sharing he may ask, in return, for any amount paid by the Company for fines, fines deriving from invoicing with incomplete data and / or any type of sanction connected, directly and / or indirectly, from the partial / untrue / deceptive insertion of User data referred to above.

Garden Sharing reserves the unquestionable right to suspend and / or close the Garden Sharing Account e access to the Site and the Services in case they come created more than 1 (one) Garden Sharing Account and / or in in the event that any information provided during the registration process or later proves to be inaccurate and / or untrue and / or incomplete and / or made in violation of these Terms of Service.

The User is responsible for the safekeeping of the own & nbsp; password & nbsp; and undertakes not to disclose it to any third party. Garden Sharing is not responding for lack of custody, loss, cloning, deprivation, too forced, of the aforementioned & nbsp; password & nbsp; and of the effects that may derive from it.

The User with the completion of the process registration assumes exclusivity responsibility for any activity and / or action related to the Garden Sharing Account, whether or not activities and / or actions have been authorized or not.

The User undertakes to communicate to Garden Sharing, immediately, in writing, by registered mail with return receipt, by mail, any unauthorized use of your Account Garden Sharing.

1.6. User verification and control policy

With the conclusion of the registration process, the User agrees that & eacute; Garden Sharing may, for the purposes of transparency and prevention of any illegal and / or detection of fraud, directly or through third parties, request an identification document issued by public authority on a given User and other information, or to carry out checks e carry out additional procedures to enable you to verify or check the identities of the Users and / or verify the User information in third party databases or from other sources in compliance with the privacy legislation.

Any reference on the Site to the fact that a User is " verified " or " connected "(or similar terms) only indicates that the User has completed the related verification procedure and / or identification.

These indications do not constitute an endorsement, a certification, inspection and / or a guarantee by Garden Sharing on any User, on his identity and on the fact that the User is reliable, safe or adequate, or on the whether or not that User has a criminal record and / or any other nature . & nbsp; On the contrary, such indications are intended as useful information that the User can consider in taking their own decisions about the suitability of others Users who contact or interact with through the Site and services.

The User is always obliged to take the necessary steps diligence and attention in deciding whether to stay at a Owner or whether to accept a booking request by a Guest.

Users are aware and accept that Garden Sharing, in order to implement the policies set forth in these Terms of Service as well as & eacute; in order to gather information necessary to improve the platform and / or for studies, market needs, can access and be aware of the content of the chats used by Users / Owners / Guests in the platform, as well as of the documentation exchanged between Users internally of this platform and / or any other useful data present in the portal. Users are aware and accept that if from the content of the aforementioned chats, documents, information, data Garden Sharing should detect non-compliance with what is established and prescribed in Terms of Service and / or established by laws, decrees, ordinances, regulations may adopt the provisions from art. 1.7 of these Terms, except the possibility to ask for damages in the case in which Garden Sharing should believe to suffer damage from conduct carried out by Users.

1.7. User Conduct and Effects.

The User acknowledges and agrees to be the only one responsible for compliance with any law, regulation, regulation, ordinance and fiscal / tax obligation that may be applicable to the use of the Site and the Services and Collective content, as well as the effects that should derive from the use of the platform.

In relation to the use of the Site and the Services and Collective Content, it is expressly forbidden to the User of:

(i) violate any local law, decree or regulation, state, provincial, national or other law or regulation o any ordinance of a public authority, including, without limitation, town planning restrictions and tax laws;

(ii) use software, devices, scripts, robots, backdoors or other manual or automatic means or processes to access, run " scrape ," " crawl "or" spider "of web pages or others services contained in the Site, in the Services or in the Contents Collectives;

(iii) access or use the Garden Sharing Site, the Services or the Garden Sharing API to use, present, or allow the contents of Garden Sharing:

1) that are not publicly displayed by Garden Sharing on its search results pages or on its Announcements before confirming a booking;

2) in ways that are incompatible with the Privacy Policy and with the Garden Sharing Terms of Service;

3) in any other way that could represent a violation of privacy rights or any other rights of Garden Sharing Users or third parties;

(iv) use the Site, the Services or the Collective Content for any commercial or other purpose that is not expressly permitted by these Terms of Service or in a way that falsely implies approval or the participation of Garden Sharing or otherwise draw in deceive third parties and / or use the Garden Sharing name, trademark without written permission;

(v) weaken, harm or otherwise damage the brand of Garden Sharing in any way, even through unauthorized use of Collective Content, the registration and / or use of Garden Sharing or derived terms in domain names, trade names, in trademarks or other distinctive signs, or the registration and / or use of domain names, names trademarks, trademarks or other distinctive signs that closely mimic or may be confused with domains, i trademarks, slogans, promotional campaigns or i Collective Contents of Garden Sharing.

(vi) copy, retain or otherwise access or use any information contained on the Site, Services or Content Collective for purposes not expressly authorized by these Terms of Service;

(vii) violate the rights of Garden Sharing or any person or entity, including, without limitation, rights intellectual property, privacy, rights advertising or contractual;

(viii) interfere with or damage the Garden Sharing Site or the Services, including, but not limited to, through the use of viruses, cancelbots, trojans, harmful codes, floods ping, denial-of-service attacks, bakdoors, IP or IP packets spoofing, forged routing or information on the e-mail address or similar methods or technologies;

(ix) use the Garden Sharing Site and the Services for transmit, distribute, publish or forward any information concerning any other person or entities, including, without limitation, photographs of others without the permission of the interested parties, contact information personal or credit or debit cards, prepaid cards or current account numbers;

(x) use the Garden Sharing Site, Services or Content Collectives in connection with e-mail distribution unsolicited commercial ("spam") or advertising not related to the Spaces placed at provision on the Platform;

1) that are not publicly displayed by Garden Sharing on its search results pages or on its Announcements before confirming a booking;

2) in ways that are incompatible with the Privacy Policy and with the Garden Sharing Terms of Service;

3) in any other way that could represent a violation of privacy rights or any other rights of Garden Sharing Users or third parties;

(iv) use the Site, the Services or the Collective Content for any commercial or other purpose that is not expressly permitted by these Terms of Service or in a way that falsely implies approval or the participation of Garden Sharing or otherwise draw in deceive third parties and / or use the Garden Sharing name, trademark without written permission;

(v) weaken, harm or otherwise damage the brand of Garden Sharing in any way, even through unauthorized use of Collective Content, the registration and / or use of Garden Sharing or derived terms in domain names, trade names, in trademarks or other distinctive signs, or the registration and / or use of domain names, names trademarks, trademarks or other distinctive signs that closely mimic or may be confused with domains, i trademarks, slogans, promotional campaigns or i Collective Contents of Garden Sharing.

(vi) copy, retain or otherwise access or use any information contained on the Site, Services or Content Collective for purposes not expressly authorized by these Terms of Service;

(vii) violate the rights of Garden Sharing or any person or entity, including, without limitation, rights intellectual property, privacy, rights advertising or contractual;

(viii) interfere with or damage the Garden Sharing Site or the Services, including, but not limited to, through the use of viruses, cancelbots, trojans, harmful codes, floods ping, denial-of-service attacks, bakdoors, IP or IP packets spoofing, forged routing or information on the e-mail address or similar methods or technologies;

(ix) use the Garden Sharing Site and the Services for transmit, distribute, publish or forward any information concerning any other person or entities, including, without limitation, photographs of others without the permission of the interested parties, contact information personal or credit or debit cards, prepaid cards or current account numbers;

(x) use the Garden Sharing Site, Services or Content Collectives in connection with e-mail distribution unsolicited commercial ("spam") or advertising not related to the Spaces placed at provision on the Platform;

(xi) stalking, harassing, defaming, denigrate, discriminate in any form and through any means other Users of the Garden Sharing Site, dei Services or Collective Content, or collect e store any identification information personal on any other User for purposes other than those permitted on this platform and / or for purposes prohibited by law;

(xii) offer, as Owner, any Space where you are aware that it is real Ownership is attributable to third parties and that the latter are in the dark of the activity carried out by the self-styled Owner and / or in any case offer, as Owner, any space that you are aware of not be the Owner;

(xiii) offer, as Owner, any Space that cannot be rented / leased or sublet / sublet under the terms and conditions established in agreement with a third party, including, merely by way of example, a lease of a property and / or offer, as Owner, any Space whose ownership is traceable also to other co-owners without their agreement / consent last;

(xiv) register for a Garden Sharing Account on behalf of an individual other than s & eacute; itself, except for the hypotheses in which registration is made as legal representative, partner of a firm, company, cooperative, legal entity of any nature in any case authorized to do so;

(xv) request or book a stay at any Space if you don't have the actual intention of stay personally in this space, except for what otherwise authorized by Garden Sharing;

(xvi) to contact another Member for any purpose other than that is to ask questions about the Reservation, it Space, or the Announcement or use of the Site and Services by the User;

(xvii) recruit, or otherwise solicit any Owner or other Users, to join third party services Garden Sharing competitors, without prior consent written by Garden Sharing;

(xviii) recruit or otherwise solicit any User to use the Services, applications or websites of third parties, without Garden's prior written consent Sharing;

(xix) impersonate any person or entity, or represent falsely or otherwise mistakenly s & eacute; themselves or the its affiliation with any person or entity;

(xx) use automated scripts to collect information from or otherwise interact with the Site, the Services o Collective Content;

(xxi) use the Site, the Services or the Collective Content to find / make contact with an Owner or a Guest and, subsequently, complete the reservation of a Space regardless of the Site or Services in order to circumvent the obligation to pay any commission of Service related to the provision of the Services by Garden Sharing;

(xxii) submit, as Owner, any Announcements containing false information or misleading, or post any Ad with a price that it is not intended to honor;

(xxiii) violate these Terms of Service or regulations current, local, provincial, regional, national or community in force;

(xxiv) to engage in disruptive, deceptive behavior, abusive, offensive, unlawful, in any area or aspect or condition or term of the Site or Services;

(xxv) publish, upload, forward or transmit any content that:

1) contravenes, misappropriates or infringes patents, copyrights, trademarks, trade secrets e industrial, moral rights or other rights of intellectual property or the rights of advertising or privacy;

2) violate or encourage any conduct that you may violate any law or regulation in force or that could give place of civil, criminal, administrative liability, tax law;

3) is fraudulent, false, misleading or deceptive (directly / indirectly or by omission or failure updating of information);

4) is defamatory, obscene, pornographic, or offensive and, more, in general, a harbinger of responsibility civil and criminal;

5) promote discrimination of any kind and form, intolerance, racism, hatred, harassment or harm to groups or individuals and, more generally, a harbinger of civil and criminal liability;

6) is violent or threatening or promotes violence or actions that are threatening to other people;

7) promote illegal or harmful activities or substances;

(xxvi) systematically acquire data or other content from our Site or the Services to create or compile, directly or indirectly, in single or multiple downloads, collected, builds, databases, directories or the like, both with methods manuals, either through the use of bots, crawlers, spiders or otherwise;

(xxvii) use, display, make accessible through practices of mirroring or framing the Site, the Services or i Collective Content or any single element within the Site and the Services or Contents Collectives, the name of Garden Sharing, any brand Garden Sharing commercial, logo or other information proprietary, or the layout and design of any page or form contained in a page of the Site or Services, without the explicit written consent of Garden Sharing;

(xxviii) access, tamper with or use non-public areas of the Site or Services, Garden Sharing computer systems, o technical delivery systems of Garden Sharing suppliers;

(xxix) try to probe, analyze or test the vulnerability of any Garden system or network Sharing or violating any security measures or authentication;

(xxx) avoid, circumvent, remove, deactivate, damage, reverse engineer or otherwise circumvent any measure technology implemented by Garden Sharing or by any Garden Sharing provider or any third party (including another User) to protect the Site, Services or the Collective Contents;

(xxxi) spoof any TCP / IP packet header or any part of the header information in any e-mail or newsgroup publication, or in any way to use the Site, the Services, the Contents Collectives for the purpose of sending altered information, misleading or false information identifying the source;

(xxxii) try to decrypt, reverse engineer, uninstall or decompile any software used to provide the Site, Services, Collective Content

(xxxiii) defend, encourage, or assist any third party part in the execution of any activity aforementioned;

(xxxiv) Garden Sharing has the right to conduct research and promote any civil and / or criminal action and / or administrative in case of violation of any clause above to the maximum extent permitted by law. Additionally, and as defined in these Terms of Service, Garden Sharing will be able to adopt a series of measures against the User, including merely by way of example, suspend or cancel Ads or the Garden Sharing Account, for a violation of the this section or these Terms of Service, except request compensation for damages against Users offenders / defaulters.

(xxxv) Garden Sharing can access, keep and communicate the User's information if it is required to do so by law or if you believe in good faith and / or for proven reasons, that this is necessary for:

1) respond / defend against claims made against Garden Sharing or to comply with orders of nature procedural (e.g. summonses, appeals, decrees and / or ordinances);

2) implement and manage agreements between Users and Garden Sharing, such as these Terms of Service;

3) purposes of fraud prevention, evaluation of the risk, investigation, customer service, development of products and & nbsp; de-bugging ;

4) protect the rights, property or safety of Garden Sharing, its Users, or Visitors.

The User acknowledges that Garden Sharing has no obligation to monitor access or use of the Site and the Services or User Content, or analyze or modify any Content of the User, except in cases in which he has given them back activities perform for the purpose of managing and improving the Site and the Services (including, for example, the purposes fraud prevention, risk assessment, assistance to customers), ensure the observance of those present Terms of Service by the User, comply the applicable law or the provisions of Public security and jurisdictional authorities, of a Administrative office or other government agency.

Garden Sharing reserves the right at any time and without prior notification, to remove or disable access to User Content deemed by Garden Sharing in violation of the Terms of Service or otherwise harmful to the Site or Services. Garden Sharing does not responds, in no case, to the effects that derive, however all Users, from removal / disabling above callback.

1.8. Reporting misconduct

If the Owner rents out their Spaces a subjects that he believes are acting or have acted in an inappropriate, unlawful manner, including but not limited to illustrative,

(i) abusive, violent or sexually abusive behavior inappropriate,

(ii) theft of assets or values ​​

(iii) any other harassing and / or harassing behavior any responsibility,

must immediately report such conduct to competent authorities, as well as & eacute; at Garden Sharing la which, in any case, will not be able to answer in any way for unlawful conduct and / or for non-fulfillment of any kind nature, attributable to third parties, even if & eacute; Users of the Garden Sharing platform. The content of this article must be considered valid and, therefore, also applicable for Experiences.

1.9. Intellectual property and copyright

The Site, the Services and the Collective Content are protected by copyright and trademark laws commercial and all other applicable regulations.

The Visitor and the User acknowledge and accept that the Site, Services and Collective Content, including all related intellectual property rights, are of exclusive property of Garden Sharing and its own licensors.

The Visitor and the User undertakes and undertakes not to remove, alter, obscure, copy, simulate, use for s & eacute; itself or for third parties the information relating to copyrights, trademarks, trademarks service and / or other information on the Site, in Services or in Collective Content.

All trademarks, service marks, logos, i trade names and any other proprietary designations of Garden Sharing used on the Site, in the Services, and in the Garden Sharing contents, or in connection with them, represent trademarks or registered trademarks of Garden Sharing.

The Visitor and the User acknowledge and agree to be bound by the additional terms and policies applicable to the use of the Site and the Services and Collective Content.

Users are required to comply with the legislation on intellectual property and copyright.

Garden Sharing reserves the unquestionable right e right to suspend and / or cancel Garden Accounts Sharing of Users or other Account holders that violin, or you have reasonable grounds to suspect that have violated property law intellectual property and copyright. There suspension / cancellation referred to above can happen, by Garden Sharing, whenever it is justified in order to protect the Platform and / or the Portal.

1.10. License on Garden Sharing Content and on Member Content & nbsp;

Without prejudice to compliance with these Terms of Service, Garden Sharing grants the User a free license limited, non-exclusive, non-transferable, for:

(i) access and / or view any Garden Content Sharing for personal and non-commercial purposes only;

(ii) access and / or view any Content of the Users who are allowed access, exclusively for personal and non-commercial purposes and always in line with the content of these terms and conditions.

The User has no right to supply and / or assign in sub-license any license rights to third parties recognized in this section and always in line with the content of these terms and conditions.

The User undertakes and undertakes not to use, copy, adapt, modify, distribute, grant in license, sell, transfer, show publicly, transmit, disseminate and / or otherwise make a non use permitted by law, decree, regulations and / or ordinances of Site, Services or Collective Content, except as explicitly permitted in the Terms of Service.

The User is not granted n & eacute; no license, n & eacute; no right, implicitly or otherwise, to the Site, on the Services and Content of Garden Sharing or its own licensors and / or any right of intellectual property of third parties and / or Garden Sharing, except for licenses and rights expressly recognized in the Terms of Service.

1.11. User Content

Garden Sharing has no ownership rights on the Content uploaded by Users to the platform and not answer for them.

The User, by making any Content available on the Site and / or on the Services, or through them or through campaigns promotion of Garden Sharing, grants Garden Sharing one license, irrevocable, perpetual, non-exclusive, transferable, free, together with the right to sublicense, use, display, copy, adapt, modify, distribute, license, sell, transfer, publicly show, publicly perform, broadcast, stream, broadcast, access, view and otherwise exploit the User Content on the Site and on Services, either through them or promote their marketing.

The User acknowledges and declares to be the one and only responsible for the User Content returned by the same available through the Site and / or the Services or through the promotional campaigns of Garden Sharing.

The User declares under his own responsibility and guarantees:

(i) to be the sole and exclusive (and / or having the consent written by the other co-owners) owner of all Content that it makes available through the Site and i Services or through Garden's promotional campaigns Sharing and to be the owner of all rights, licenses, i permissions and consents necessary to grant Garden Sharing the rights to such User Content, according to what contemplated under the Terms of Service;

(ii) that the User Content published by the same, uploaded, inserted, forwarded or transmitted or used by Garden Sharing through or through the Site or Services or through the promotional campaigns of Garden Sharing, not will violate, steal or transgress i patent, copyright, trademark rights, of trade secret, moral rights or other rights proprietary or intellectual property, or rights advertising or privacy of third parties, and will not constitute a violation of any applicable law or regulation.

The User undertakes and undertakes to indemnify and release Garden Sharing from any claim and / or action and / or reason of third parties / Users concerning any illegitimate use on the Site or Services of User Content that may be harmful to the rights of third parties / Users and / or heralds of any responsibility.

1.12. Link

The Site and the Services may contain links to websites or third party resources.

The User acknowledges and accepts that Garden Sharing does not is responsible for:

(i) ownership, availability or the accuracy of third party websites or resources;

(ii) the contents, products, or services present or available on third party websites or resources.

Links to third party websites or resources do not imply any Garden Sharing's recognition of websites or third party resources or content, products or services available on third party websites or resources.

The User assumes the exclusivity responsibility, as well as & eacute; all the risks that may arise from the use of the websites or resources of third parties or from the contents, products or services present or available on third party websites or resources.

Some parts of the Garden Sharing platform implement i Google Maps / Earth mapping services, including interfaces Google Maps application programming (API). Your use of Google Maps / Earth is subject to Google's terms of use.

1.13. Feedback

Garden Sharing encourages and appreciates that the User provides feedback, comments and suggestions for the improvement of the Site and Services (the " Feedback ").

The User can send his Feedback through the " Comments " section of Site.

The User acknowledges and accepts that all Feedback that supplies will be the sole and exclusive property of Garden Sharing, and agrees to irrevocably assign to Garden Sharing all rights, titles and faculties on all Feedback, including, without limitation, patent rights, i intellectual property rights, secrets commercial, moral and other proprietary rights or worldwide intellectual property, e waives any rights it may have over such Feedback.

At the request of Garden Sharing, the User undertakes to sign any documents and / or undertake the any actions necessary to allow Garden Sharing to acquire, refine and maintain their rights to intellectual property and other legal protections on Feedback.

Garden Sharing reserves the unquestionable right to remove any offensive feedback from the Site and / or illegal and / or incompatible / not covered by the purpose of the Site.

The User acknowledges and declares to be the one and only responsible for the publication of their feedback returned available through the Site or the Services.

2) ANNOUNCEMENTS, RESERVATIONS, CONTENT AND COMPLIANCE WITH THE REGULATION IN FORCE COVID-19

2.1. Ads

The User has the right to create Announcements.

For the creation of an Ad, the User will have to provide Garden Sharing with a range of information on the Space / Experiences covered by the Announcement, including, a merely by way of example but not exhaustive, the location, capacity, size, le features, availability and price, as well as & eacute; the additional services offered and the conditions economic.

The User undertakes and undertakes to provide in their own Advertise true, complete and accurate information.

The User must also release to Garden Sharing, under its own responsibility, a series of statements, including but not limited to e not exhaustive, those certifying legitimacy of the User to the lease of the Spaces as the only one owner, co-owner, exercisers of real rights, etc. legitimacy of the lease itself, as well as & eacute; there type and applicable tax regime.

In order to be included in the Ads through the Site and the Services, all Spaces must have a valid and truthful physical address attributable exclusively to the Space that you want to place on the platform.

Advertisements will be made publicly available through the Site and the Services.

The Owner acknowledges and accepts that the placement or the ranking of Ads in the search results can depend on a variety of factors, including, to mere for example, the preferences of Guest and Owner and / or the rating.

Other Users will be able to book Spaces / Experiences through the Site and the Services based on the information provided in the Announcements, Guest requirements, and search parameters and guest preferences. The Owner acknowledges and accepts that when a Guest requires the reservation of a Space / Experience, he does not can ask the Guest to pay a price greater than that indicated in the booking request.

The Owner acknowledges and agrees to be exclusively responsible for all Ads and Content of the User published by him.

Consequently, the User declares and guarantees that the Ads that will post, booking one Space / Experience, or the stay of the Guest at the Space as well as the fruition of the Experience, subject of a published Announcement:

(i) will not violate any agreement concluded by the User with third parties, such as but not limited to exhaustive condominium regulations, as well as & eacute; the rental or lease agreements;

(ii) will comply with all applicable laws (such as the laws local and the laws governing the letting of houses or other properties), tax requirements, rules on Intellectual property, rules and regulations applicable to any Space / Experience included in a Announcement posted by the User (including obtaining all necessary permits, licenses, registrations, registers, authorizations);

(iii) will not conflict with the rights of any third party even if & eacute; co-owners of the Space;

(iv) will comply with the Laws, decrees, ordinances, regulations, prescriptions also on Covid-19.

All Users, in particular, are required to respect Laws, decrees, ordinances, regulations, prescriptions, operational guidelines, both national and regional on the subject COVID-19, which could be updated, additions and modifications based on the evolution of provisions of the Italian and foreign governments, of the evolution of the epidemiological scenario, as well as & eacute; of any further technical-scientific addresses of national or international level. It is also appropriate that all the measures listed below are evaluated by each individual User in order to adapt them to updates legislative / regulatory, to the specific characteristics of each local context with its own contagion control plan that implements the indications provided by authoritative sources of territorial jurisdiction.

Specifically, there are general indications that pertain to the accommodation facilities issued in the D.P.C.M. of the 02.03.2021 currently in force which are reported integrally:

  • Prepare adequate information on the measures prevention, understandable also for the clients of the other nationality, & nbsp; both with the help of appropriate signs and signs and / or systems audio-video, both by resorting to any staff, in charge of monitoring and promoting compliance with the prevention measures also referring to the sense of responsibility of the visitor himself.
  • Body temperature may be detected, preventing access in case of temperature & gt; 37.5 & deg; C.
  • Promote and facilitate respect for distance interpersonal of at least 1 meter and encourage the differentiation of paths within structures, with particular attention to the entrance areas she's gone out. In this regard, it is suggested to post gods information signs and / or to delimit spaces (eg example, with stickers to stick on the floor, balls, route marking tapes, etc.).
  • Interpersonal distancing does not apply to members of the same family group or cohabitants, n & eacute; to people occupying the same room, n & eacute; at persons who, according to the provisions in force, are not subject to interpersonal distancing (called the latter aspect pertains to individual responsibility).
  • The desk dedicated to the reception and the cashier can be equipped with physical barriers (eg screens); in alternatively, the staff must wear the mask in all occasions of contact with users. In any case, favor payment methods electronic and management of online reservations, with automated check-in and check-out systems where possible. & nbsp; The obligation to provide for the recognition of the guest in presence, before make the communication to the public authority safety.
  • Keep the list of housed entities for a period of 14 days: this fulfillment is considered fulfilled with the notification housed to the public authority safety. In case of use by subjects accommodated with ancillary services (e.g. swimming pool, restaurant, wellness center, etc.) it is not necessary to repeat the registration.
  • The receptionist must provide, at the end of each work shift, to the cleaning of the floor work and equipment used.
  • Guests should always wear the & nbsp; mask & nbsp; in closed common areas. In the common outdoor areas, the mask must be worn when it is not possible to respect the distance of at least 1 meter while the employee is required to use the mask always in the presence of customers and in any case in any circumstance in which it is not It is possible to guarantee the interpersonal distance of at least one meter.
  • you need to make products available for hand sanitation in various workstations within the structure, promoting it frequent use by customers and the personal. making available is permitted, possibly in multiple copies, of magazines, newspapers and informative material in favor of users for use common, to be consulted after hand sanitization.
  • Each object provided in use & nbsp; from the structure to the guest, it will need to be disinfected before delivery to the guest.
  • The use of the lifts must be such as to allow respect for interpersonal distance, while with the mask, providing for possible exceptions in case of members of the same family unit, cohabitants e people occupying the same room, n & eacute; at persons who, according to the provisions in force, are not subject to interpersonal distancing (called the latter aspect pertains to individual responsibility).
  • Ensure frequent cleaning and disinfection of all the environments and premises, with particular attention to the areas common areas and to the surfaces most frequently touched (handrails, light switches, buttons of the lifts, door and window handles, etc.).
  • Promote the exchange of air in indoor environments. In reason for the overcrowding and the length of stay of the occupants, must be checked the effectiveness of the systems in order to guarantee the adequacy of the external air flow according to the regulations in force. In any case, the crowding must be related to the actual outdoor air flow rates. For air conditioning systems, it is mandatory, if technically possible, completely exclude the function of air recirculation. In any case, they must be strengthened further measures for air exchange natural and / or through the implant, and the cleaning, with the system stopped, of the air filters recirculation to maintain filtration / removal levels adequate. If technically possible, the filtering capacity of the recirculation, replacing the existing filters with superior class filters, guaranteeing the maintenance of the flow rates. In the toilets it goes the extractor kept running continuously of air.

Specifically, as regards the & nbsp; open air tourist accommodation facilities & nbsp; please note the following:

  • guests should always use the mask in the areas closed municipalities (e.g. commercial activities, common areas, toilets), and in any case always when it is not It is possible to respect the interpersonal distance of at least one meter (with the exception of those belonging to the same nucleus family member or subjects who in any case share the rooms for overnight stays). During physical activity is not mandatory the use of the mask.
  • The mobile means of accommodation for guests (e.g. tents, caravans, campers) must have delimited pitches, in in such a way as to ensure compliance with the measures of distance between the various crews, in any case not less 3 meters between the 2 entrances of the housing units, if frontal. The spacing of at least 1.5 meters must be maintained even when using accessories or appliances (e.g. tables, chairs, sun loungers, chairs a deckchair). & nbsp;
  • Recommendation to the occupants of the pitch to clean e disinfect outdoor furniture in addition to those interior. & nbsp;
  • For toilets for common use, considered the peculiarities of the same in the context of these structures, cleaning interventions are introduced to be carried out at least 2 times a day. Due to a greater turnout of guests, in the case of occupancy exceeding 70% of the pitches without toilets present in the structure (thus excluding mobile homes, bungalows and pitches with private facilities), cleaning and disinfection will be performed at least 3 times a day. & nbsp;
  • The intervention of maintainers / employees in the apartments in the presence of guests must be carried out in such a way as to guarantee the social distancing of at least one meter. & nbsp;

In addition to respecting the indications of character general, & nbsp; must be ensured, at the change of guest, the careful cleaning and disinfection of environments, furnishings, utensils and, where provided, linen. Furthermore, for the protection of any persons residing or residing in the same building in which the activity of short lease, it is suggested to provide with a higher one frequency of thorough cleaning and disinfection of spaces as well common areas (e.g. lifts, hallways, stairs, doors, etc). Such last recommendation must be taken in agreement between the condominiums or, where present, by the Administrator condominium.

it is appropriate that the operational indications above declined, possibly integrated with effective solutions superior, are adapted to each individual activity, identifying the most effective measures in relation to each single local context and operating procedures / instructions to implement these measures. & nbsp;

It is understood that according to the evolution of the scenario epidemiological the measures indicated can be remodeled, even in a more restrictive sense.

In any case, for full and punctual compliance with the operational guidelines for prevention, management, contrast and control of the COVID-19 emergency in the Spaces outdoors, or indoors but open to public, by way of example but not limited to, CAMPSITES E TOURIST VILLAGES, however, please refer to the legislation national, regional, municipal in force. Specifically, the above prescriptions from Garden Sharing are from to be understood as guidelines, being a burden e responsibility of each individual User, from time to time time, check the national, regional, municipal legislation, of current category.

The Garden Sharing Company, through the above mentioned information, for the effect, & nbsp; suggests & nbsp; basic criteria, general requirements for the compliance with the rules and behavior for prevention of Covid-19, without however being responsible for any conduct contrary to the regulations in force by individuals subjects, be they Guests or Owners, n & eacute; may be responsible for failure to adapt, from part of the Users, with the current legislation on Covid-19 and related effects that should arise.

Garden Sharing assumes no responsibility for the conduct and truthfulness of the information and / or statements made by the Owner regarding also the agreements and / or obligations undertaken towards third parties, as well as & eacute; compliance with laws, rules and regulations in force, also for what concerns the prescriptions health, national and regional, with regard to the discipline anti-covid.

Garden Sharing reserves the right at any time and without prior notification to the User, to remove or disable access to any Ads for any reason, including Ads that Garden Sharing, at its discretion, consider it inappropriate and / or unreliable for any reason, for violation of the Terms of Service and / or the current national policies and regulations in force e Community, Laws, Regulations and Directives on trademarks commercial and / or promotion of the Garden Sharing brand or that it deems otherwise harmful to the Site or Services.

The Owner acknowledges and accepts that Garden Sharing does not acts as an insurer and / or as an agent and / or intermediary, securities and / or real estate broker.

After the Space reservation request, if confirmed by the Owner, it is perfected a legally binding contract between the Guest and the Owner, and Garden Sharing does not form part of said agreement.

The User acknowledges and accepts that Garden Sharing does not is responsible for the form, the fulfillment of the obligations, the effects deriving from the contract / agreement perfected between Owner and Guest.

Garden Sharing offers the Owner a series of tools that are meant to help you take decisions in relation to the Users to whom he chooses to confirm o pre-approve the booking of the Space / Experiences. Such instruments, in any case, are not binding on the User and the choices deputed to make, n & eacute; constitute an obligation for Garden Sharing of result.

The Owner acknowledges and warrants that he is, in such dress, responsible for its actions and omissions, as well as & eacute; of the actions and omissions of any person who resides or is otherwise present at the Space / Experiences and, consequently, responsible in the towards Users and Garden Sharing, each one limited to the obligations assumed.

Garden Sharing advises Owners to take out suitable & nbsp; insurance policies & nbsp; to cover the risks associated with the leasing of its spaces ed to the organization and development of the Experiences and a also coverage of damages caused to third parties during the leasing and carrying out of the Experiences. It is recommended to carefully review any related insurance policy to Space and Experiences, and in particular of make sure you understand any exclusions and / or any excess applicable to that policy insurance, including, but not limited to, any insurance coverage for the behaviors held by Guests while they are in their own Space and / or while carrying out the Experiences.

The Guest is required to leave the Space in the conditions in which he was on his arrival and is unique and excluded responsible for their own acts and / or omissions and those of third parties who are granted access to the Space.

2.2. Experiences

  1. & nbsp; & nbsp; & nbsp; & nbsp; Each user has the possibility to propose, through the platform, "Experiences".
  2. & nbsp; & nbsp; & nbsp; & nbsp; Hosts are aware and they accept that it is their responsibility get informed, understand and respect all laws, the rules, regulations, directives (etc.) and any other requirement in force, applicable to the Experience that I propose that, for the effect, it will have to be carried out in compliance with the legislation, if any, in force and / or, in any case, with diligence and good faith.

The host is also aware of and agrees to verify, depending on the experience proposed, as well as & eacute; of the activities involved / connected and of services provided, referable and / or connectable to the same, if it is necessary and / or essential to acquire authorizations and / or licenses and / or attendance of qualifying courses, registrations to registers, and / or any other preparatory element to be able carry out the experience itself. The Host therefore is aware, accepts and preliminarily undertakes, or before insertion of the experience within the portal, a verify personally or with the help of specialized / experienced staff, respect for all necessary requirements, as required by current legislation, regulations, etc. in order to propose and carry out with third parties people experience in security and compliance to current legislation.

The Host is aware and accepts that Garden Sharing has no control over the conduct / organization of the hosts in this area and, in general, of the Users, during the development of the experiences and / or in each of their phases, just as she has no responsibility on the organization of the same and, in general, for the entire "Experiences" section declines each responsibility, towards Users, of third parties that of the competent Bodies / Administrations and, for the effect, is not liable for compensation of damage, claims, requests of any kind.

  1. & nbsp; & nbsp; & nbsp; & nbsp; The Host is aware and accepts that the publication of announcements relating to Experiences does not imply acceptance, control, by Garden Sharing, on the correctness / truthfulness of the information contained therein, including regularity legal / administrative / tax experience proposal, which always remain with the Users.
  2. & nbsp; & nbsp; & nbsp; & nbsp; What is contained in the articles 2.1, 2.3, 2.4., 2.5, 2.6, 2.7, 2.8, 2.9. and 2.10 is from be considered applicable also to Experiences and, for the effect, please refer to the same content.

2.3. Reservations and economic conditions for the Owners & ndash; Payment terms & nbsp;

The Owner must confirm or reject the request for reservation of your Space within the Time of Booking Acceptance which consists of 24 hours starting from the booking request. The call back 24 hours without acceptance by the Host, automatically the reservation request will have to to be understood as lapsed.

Simultaneously with the notification of the booking request, the Owner will be notified:

(i) the name, surname and e-mail address of the Guest who requested a reservation

(ii) the additional information provided to Garden Sharing from the Guest, such as an e-mail address verified and / or personal identification documents

(iii) any further requests from the Guest, such as, for example, personal mobility needs or the presence of pets.

When the Owner, on the other hand, confirms a reservation, Garden Sharing will send an e-mail or a message text confirming the reservation to the Guest and al Owner, depending on the selections made by the User through the Site and the Services.

Payment of the Net Price of the Space to the Owner will be processed within 10 working days from the date of check-in at the space in question, according to the reservation made on the portal, compatibly with Stripe's processing times e of your bank. Users are aware and accept that in the periods of higher turnout on the days indicated for the payment of the space in favor of the owner may be slightly delayed.

The Owner agrees that Garden Sharing may, in accordance with the cancellation policy indicated in the Announcement:

(i) allow the Guest to cancel the reservation, in the terms and in the manner indicated below to art. 2.7;

(ii) refund the Guest the percentage of the Price of the Space defined in the cancellation policy applicable.

Once the booking transaction has been completed confirmed, the Owner will receive an e-mail of booking confirmation and summary.

2.4. Reservations and economic conditions for guests - Payment terms & nbsp;

The obligations arising from the confirmation of the reservation they are borne exclusively by the Owners, who are the only ones obliged to make the Space booked available through the Site and Services.

The Guest who has requested a confirmed booking undertakes to conclude a contract with the Owner and to accept any terms, conditions, rules and / or restriction associated with such Space and / or imposed by Owner.

The Guest agrees to pay the Total Price for the reservations made, which will be indicated to the Guest before sending the request for booking.

The Owner is aware and accepts the charge to confirm or reject the booking request by the Booking Acceptance Time; in case on the contrary, the Owner is aware and accepts that the reservation request will come automatically canceled within 24 hours of the booking request.

At the same time as the booking request, the Guest is aware that the total price relating to reservation will be charged to your method payment.

Once the booking transaction has been completed confirmed, the User will receive an e-mail of confirmation as a summary of this booking.

2.5. Insurance Policy

The Guest declares to be aware of that in the Price total amount relating to the reservation is included insurance service concerning: assistance and expenses medical travel, luggage and cover stay.

The Guest declares to have read and accepted the insurance conditions that can be viewed via the following link:

https://gardensharing.it/assets/docs/sintesi-d10-cover-stay.pdf

At the time of booking the Guest must indicate the data (name, surname, country of residence) of all those physical subjects who will use the booking request.

The Guest declares to be aware that only with the cited complete information the insurance conditions yes will extend to all components of the booking, otherwise, or without the above information, The Guest declares to be aware and accepts that the insurance policy, in the event of an event / accident, will cover only the subjects who have communicated i their data, in a complete and truthful way.

In particular, the Guest is likewise aware and accepts that to provide, at the time of booking, untrue, inaccurate and / or incomplete data determines the lack of insurance coverage in case of claim / event.

Policyholders are aware and accept that it is theirs exclusive obligation, in the event of a claim / event, to activate the insurance policy in accordance with the methods and timing described in the summary document present in link above.

The policyholders / Users / Guests acknowledge and accept that Garden Sharing has no charge-duty, in the event of a claim / event, towards them and, by way of example and not exhaustively, they acknowledge that Garden Sharing does not act as a intermediary between user and insurance, does not respond of any non-compensation / payment / reimbursement, for any reason, by the insurance; is not responsible for any prescription of rights of the insured; not responsible for the consequences deriving from the lack of information pursuant to art. 1913 of the Italian Civil Code aside of the insured; not responsible for the consequences deriving from the non-use of the services and / or from the consequences deriving from failure and / or incorrect fulfillment of the obligations falling on the insured as foreseen in the conditions of the insurance contract, etc.

2. 6 . Service fees and other fees

As consideration for the use of the Site and the Services, Garden Sharing receives both from the Owner and from the Guest the Service Fees, in compliance with the Payment Terms.

Guest Fees will be included in the Price Total and expressly indicated in the Announcement.

The Guest Commissions are to be calculated in 15% of the Total Price of the Space and, if the latter is less than & euro; 33.00 (thirty-three / 00) are from be considered in the fixed amount of & euro; 5.00 (five / 00).

The commissions withheld from the Owner, on the other hand, to the extent of 10%, are to be calculated net of the price indicated for the Space and / or Experiences.

Except as otherwise provided in the Terms of Service, Service Fees are refundable.

2. 7 . Cancellations and refunds

If the Guest wishes to cancel a reservation confirmed through the Site and the Services, prior to check-in, the "Policy of cancellation and refund "inserted in the Announcement and authorized by the Owner.

Garden Sharing provides the following refunds in case of cancellation and / or modification of the reservation and / or in case of non-presentation by the Guest:

(i) "Flexible Cancellation Policy": allows the full refund of the Space Price paid, for cancellations up to 2 (two) days before the arrival date expected;

(ii) "Moderate Cancellation Policy": allows the full refund of the Space Price paid, for cancellations up to 7 (seven) days before the date of expected arrival;

(iii) "Smart Cancellation Policy": allows the full refund of the Space Price paid, for cancellations up to 30 (thirty) days before the date of expected arrival;

(iv) "Strict Cancellation Policy": allows for a full refund of the Space Price paid for cancellations up to 50 (fifty) days before the scheduled arrival date.

The possibility of refunding the Price to the Guest of the Space and other sums charged at the time of reservation will depend on the terms of the "Policy cancellation and refund "inserted in the Announcement.

Detailed information is available through the Site on refund and cancellation policies.

Garden Sharing will make refunds pursuant to Payment terms.

Cancellation by the Guest in compliance with the terms indicated in the Cancellation Policy explained above, can give you the right to a refund.

The cancellation, instead, by the Guest, of his own booking outside the time frame indicated in repayment options chosen by the host, entails the impossibility for the Guest to be refunded.

If the Owner cancels a confirmed booking through the Site and the Guest Services will receive a refund of the Price according to the Terms of Payment.

If the Owner cancels a confirmed booking e the Guest does not receive an e-mail or other communication from Garden Sharing, the Guest is required to inform promptly Garden Sharing cancellation.

If the Owner cancels a confirmed reservation without justified reason, Garden Sharing reserves the right the unquestionable right to report the occurrence cancellation in one or all of the Announcements referable to same Owner.

In case of repeated cancellations of confirmed bookings by the same Owner without justified reason, Garden Sharing reserves the unquestionable right to remove the User from the Site and delete all of his Ads.

Garden Sharing reserves the right to disapply in everything or in part, the "Cancellation Policy e refund "inserted in the Announcement and authorized by the Owner and will evaluate the possibility of a refund only in cases where cancellation depends on exceptional events, such as:

(i) natural disaster or severe weather conditions in the place of departure or destination.

(ii) urgent travel restrictions or security advisories important issued by a national authority or international after booking (e.g. an office or a government department).

(iii) endemic diseases declared by an authority national or international (for example the O.M.S.).

(iv) obligations imposed by the government or other authority, also local, issued after booking;

(v) acts of war, whether declared or not, popular riots, strikes, riots, occupation or military invasion, requisition, nationalization, confiscation, civil war, revolution, insurrection, kidnappings and / or government ordinances o Authorities, including local ones, whether by law or by fact;

(vi) death of the Owner and / or the Guest;

(vii) in the cases provided for by the c.c. to which reference is made.

The User accepts that Garden Sharing is not attributed no responsibility for any cancellations and / or cancellations not dependent on negligent or willful act attributable to Garden Sharing and, consequently, not will respond to claims for damages, claims and / or any other request made in the comparisons of Garden Sharing.

2. 8 . Rounding

Garden Sharing may, in its sole discretion, round up or down the amounts due be paid by or to the Guests or Owners to the nearest integer unit to the amount taking into consideration the denomination of the currency in which it is indicated (for example, al nearest dollar, to the nearest euro or to the denomination of the other relevant currency plus nearby); by way of example, Garden Sharing will be able to round an amount of & euro; 101.50 to & euro; 102.00, and of € 101.49 to € 101.00.

Some currencies have a currency denomination expressed in large numbers. In those cases, Garden Sharing could detect that the basic unit of the denomination of the reference currency is equal to 10, 100 or 1,000; by way of For example, for such currencies Garden Sharing could round up in excess of 1.045 to 1.050 and in defect 1.044 to 1.040, or 35,450 upwards of 35,500 and 35,449 downwards of 35,400, or 837,500 upwards to 838,000 and 837,499 downwards to 837,000.

2. 9 . Booking changes

The User is responsible for any changes to a reservation that are requested at Garden Sharing Customer Service ("Amendments to the reservation ") and the User agrees to pay the Space Price, Guest Fees, Owner's Fees, Fees of Service, and / or the Taxes associated with such Booking Changes.

2. 10 . Taxes

By " Set " we mean any sales tax, value added tax (VAT), taxes on goods and services, rental taxes temporary, tourist taxes or for other types of visitors, Space or accommodation taxes, taxes (such as taxes for congress centers) that those who supply the Spaces, to according to the law, it may have to collect and pay to institutions public and / or the Tax Authority, as well as & eacute; other similar indirect municipal and provincial taxes, regional and / or state, or other withholdings and taxes on income of a natural or legal person.

The legislation, legislative and / or regulatory, both national and local, may require the obligation of Garden Sharing to collect specific information from the Owners fiscal and / or fiscal nature and / or to provide for the application of a withholding tax on amounts from correspond to the Owners.

The Owner acknowledges and agrees to be the sole subject responsible for the fulfillment of the obligations of tax return due by law and / or regulations e for the payment of taxes related to the Advertisements published and confirmed bookings.

The Owner is also solely responsible for the payment to the Tax Authority of any tax it has included and / or received in the Announcement, including, on a mere basis exemplary and not exhaustive, the tax and / or tax of stay.

The Owner declares to be aware of any obligations of payment of taxes and fees payable by the Guests and / or the Owners envisaged by the competent agencies and / or local government authorities and / or public offices in which the Space is located, including those eventually applied on the amounts paid for the right to use and / or occupy the spaces and to be paid to the competent authority Tax Authority.

Regulations (legislative and / or regulatory) may vary in the different Regions and in the different Municipalities and it can be provided that certain taxes are collected and paid in measure percentage on the Price of the Space, or predict a daily fixed amount, or other measures, and are sometimes called "occupancy taxes", "taxes of hotel "," tourist taxes "," taxes transit "," sales and use taxes ", "value added tax", "tax on rooms "," tourist taxes "or" taxes of stay ".

2.1 1 . Stripe

  1. Stripe is a complete payment platform that also provides multi-party payments via Stripe Connect. With the use of Stripe Connect the User is aware and is in favor to the creation of a staff & nbsp; account connected. & nbsp; The User is also aware and accepts that onboarding of custom accounts on a Connect platform involves the insertion of sensitive data of the person physical and / or company (and its team) to which it Space and / or Experience is traceable. The User is aware and accepts that Stripe will verify the insertion of such data and that may request the integration of the same and is also aware and accepts that the failure to enter, even of a single data requested by Garden Sharing, during the creation of the Profile / Account can cause delays, malfunctions, suspension of the Garden Sharing Services and the Services Stripe: the user, for the effect, exempts Garden Sharing from any claim for damages, economic and otherwise, and / or any resulting claim.
  2. the User declares to accept the terms and conditions of Stripe, which you declare to read through i following links:

https://stripe.com/it/ssa , & nbsp; https://stripe.com/it/connect/legal , & nbsp; https://stripe.com/it/connect-account/legal .

  1. Stripe provides some or all of the Services from located systems in the United States or in other countries outside of Italy. Therefore, Users are aware of, accept and agree that Payment Data may be transferred, processed and archived outside Italy, may be subject to disclosure as required by applicable laws, all as more extensive established and provided for in the Privacy Policy Stripe, the content of which is shown in the link hypertextual indicated below, of which the User declares to have read and accepted:

https://stripe.com/guides/general-data-protection-regulation , & nbsp; https://stripe.com/it/privacy

  1. the User is aware and accepts that Stripe may revise the Rates of the Fees / Services that include Transaction Charges, providing a notice of at least 30 days before the revisions become applicable (or a notice period longer if required by applicable law).
  2. the User is aware and accepts that Stripe can refuse, condition or suspend any Transaction that it believes: & nbsp; (i) may be infringing the Agreement referred to in paragraphs 2 and 3 or other agreements that the User and Garden Sharing may have with Stripe; & nbsp; (ii) are unauthorized, fraudulent or illegal; or & nbsp; (iii) & nbsp; exhibit the User, Garden Sharing, Stripe or others at risk unacceptable to Stripe. If Stripe suspects or knows that the User is using or has used the Services for unauthorized, fraudulent or illegal purposes, Stripe may share any information relating to such activity with the appropriate financial institution, the regulatory authority or law enforcement in accordance with legal obligations from Stripe hired. This information may include information about the User, their Stripe account, customers and on transactions made through the use of the Services.
  3. The User is aware and accepts that any dispute or claim arising out of or relating to the contract between User and Stripe, including training, the interpretation, violation or termination of the itself, including whether the alleged claims are arbitrable, will be submitted and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The court will be composed of a single arbitrator. The seat of the arbitration will be Dublin, Ireland. The language to be used in the arbitration proceedings will be in English. The judgment on the award issued by the arbitrator can be issued by any court having jurisdiction.

3) CANCELLATION, SUSPENSION AND EXEMPTION FROM RESPONSIBILITY'

3.1. Garden Sharing Account Cancellation from part of the User

The User can cancel their Garden Account Sharing at any time, using the " Cancel Account "on the Site or by sending an e-mail to Garden Sharing.

The Owner is aware and accepts that with the cancellation of the Garden Sharing Account, any confirmed reservation will be automatically canceled and the Guests who have made the reservation will receive a full refund.

The Guest is aware and accepts that with the cancellation of your Garden Sharing Account, any confirmed reservation will be automatically canceled and any refund will depend on terms of the applicable cancellation policy.

In any case, the User exempts Garden Sharing from any and any liability for cancellation of the confirmed reservation due to cancellation of the Garden Sharing Account requested by the Owner and / or by the Guest.

The User is aware that Garden Sharing, in at any time, you have the right to cancel / suspend Account to protect the interest of the Portal and the clauses therein contained.

3.2. Cancellation, suspension and other measures

The User accepts that Garden Sharing is reserved the unquestionable faculty and right to suspend and / or cancel any Garden Sharing Account or cease provide all or any part of the Services for any purpose reason and without notice, even in the absence of a specification motivation expressed and without assumption of no liability, of any nature or kind.

It constitutes the unquestionable faculty of Garden Sharing cancel the Garden Sharing Account without notice, as well as & eacute; cancel or delay Announcements, Feedback or the Users' Contents, as well as; cancel all pending or confirmed bookings, limit use or access to the Garden Sharing Account, as well as & eacute; to the Site or Services, revoke or suspend any associated special & nbsp; status & nbsp; to the Garden Sharing Account and / or suspend temporarily the Garden Sharing Account, in case of serious violations of the Terms of Service by of the User and in any case, by way of example only e not exhaustive, if:

(i) the User has committed a serious violation of the Terms of Service or Garden Sharing Policy, or has received repeated negative ratings from Owners or Guests;

(ii) the User has provided inaccurate information, fraudulent, outdated or incomplete during registration Account, or the subsequent creation process of the Announcement;

(iii) the User has violated laws, decrees, regulations, ordinances and / or rights of third parties;

(iv) Garden Sharing believes in good faith that such action is necessary to protect security or property of other Users, Garden Sharing or third parties, for the fraud prevention, risk assessment, or for security or investigative reasons;

(vi) if, for two consecutive times, even spaced in the time, Garden Sharing should realize that Users bypass, in any way, the policy of reservations exactly as provided in these terms. Garden Sharing may, at its discretion, report directly to the Users the non-fulfillment committed for the first time, admonishing not to repeat this conduct;

(vii) in case of repeated cancellations of reservations confirmed by the Owner without justified reason;

(viii) in case of unavailability of the User.

In case of minor violations and where deemed appropriate by Garden Sharing, the User will be notified any measures adopted by Garden Sharing e the opportunity to solve the problem.

In case of cancellation of the Garden Sharing Account, Garden Sharing will not be obligated to return to the User the User Content, therein including Feedback and the User will not be entitled upon restoration of the Garden Sharing Account.

If access or use of the Site and / or the Services have been restricted or the Garden Sharing Account has been suspended or canceled, it cannot be registered a new Garden Sharing Account by the same User, n & eacute; the latter will be able to attempt to access and / or use the Site and / or the Services through other Garden Sharing Accounts.

Garden Sharing, as a result of unlawful conduct by of Users, reserves the right to ask, at the competent offices, towards them, the compensation for damages suffered / suffered and / or compensation for damages for violations ascertained and / or to be ascertained.

3.3. Exclusions and limitations of liability of Garden Sharing

Garden Sharing does not verify any User n & eacute; any Announcement or Space.

The User is aware that the images are intended solely to provide a representation photo of the Space inserted in the Announcements from Owners. Garden Sharing does not guarantee and is not responsible for the compliance of images and photographic representations with respect to the real state of affairs of the Spaces included in the Ads.

Garden Sharing does not provide any kind of guarantee, either expressed or implied, on the Site, on the Services and on the Contents Collectives accessible by Users and / or Visitors.

Garden Sharing does not provide any guarantee that the Site, i Services and Collective Content, including, but not limited to example, the Ads or any Space, satisfy the expectations of the User or are available in a way continuous, safe and error-free.

Garden Sharing makes no warranties regarding the quality, truthfulness, appropriateness, compliance, reliability, provenance of any announcement, space, owner, guest, as well as & eacute; of the Site, Services and / or Contents Collective or accuracy, timeliness, the truthfulness, completeness or the reliability of any Collective Content obtained through the Site and the Services. In the hypothesis in which, using the Services on the platform, the User should come across incorrect information, misleading, illegal, offensive relating to the Space and / or ad any identifying element of things / people / situations and, for the harmful effect, to answer will be exclusively the User, both Guest and Owner who uploaded them, exonerating from any liability Garden Sharing.

The User is solely responsible for all own communications and / or interactions with other Users and with other people with whom you communicate or interact following of the use of the Site and / or the Services, including, on a mere basis by way of example, any Owner or Guest.

The User acknowledges and accepts that Garden Sharing does not assumes no obligation to perform personal checks or relating to previous criminal, civil, administrative convictions, tax on any User, including the Owners and Guests.

Garden Sharing is not required to verify the Contents of Users and / or Ads and is not required to check some space.

The User acknowledges and accepts that Garden Sharing does not is responsible for the conduct, of any nature, held by the Users, as well as aware that Garden Sharing assumes no liability arising from, a any title, from the relationship established between Owner / Guest.

The User undertakes to take reasonable precautions in all communications and interactions with other Users and with other people with whom you communicate or interact through the Site and / or Services, including Owners and Guests.

The User exempts Garden Sharing from any and all civil and / or criminal and / or administrative liability for any damage, including loss of profit, loss of data o loss of goodwill, interruption of service, computer damage or system malfunction, or for the cost of replacement products or services, n & eacute; for any damage related to personal or physical injury or the moral, image and / or any other damage due to or connected to the use or impossibility of use the Site, the Services or the Collective Content, a any communication, interaction or meeting with others Users or other people with whom the User communicates or interact as a result of their use of the Site or the Services, as well as & eacute; to the publication of Announcements or to the reservation of any Space through the Site and i Services.

3.4. Indemnity

The User undertakes and undertakes to indemnify and hold unharmed Garden Sharing and its related companies and / or subsidiaries and their directors, directors, employees and / or agents, from any claim, responsibility, damages, losses and expenses, arising from, or in any way related:

(i) when accessing or using the Site and Services or Collective Content or the violation of the Terms of the Garden Sharing Service and Policy on the part of the User and / or the Visitor;

(ii) the User Content and / or the interaction between Users, as well as & eacute; upon booking and subsequent use of a space, when creating an advertisement;

(iii) use and / or availability and / or to the rent and / or lease of a Space by of the User, including, but not limited to, the injuries, losses or damages (compensatory, direct, accidental, consequential or otherwise) of any kind, direct and / or indirect and / or in any case connected to rent, book and / or use a space.

4) FINAL PROVISIONS

4.1. Transfer

It is expressly forbidden for the User to transfer and / or transfer the rights and powers deriving from the Terms of the Service, without the prior written consent of Garden Sharing.

Any attempt by the User to assign and / or transfer the rights and powers deriving from the Terms of Service without Garden's authorization Sharing will be null and void.

4.2. Applicable law

Users are aware and accept that, the rights and the obligations deriving from the Terms of Service and any action ad they relative and / or consequent, will be regulated by the laws of the Italian State. Should any disputes arise relating to interpretation, application and execution of the Terms and Conditions listed here, or in each case for all those that should arise or in any case find origin from them, the Court of Ancona.

Pursuant to art. 12 EU Regulation 2019/1150 of European Parliament of the Council of 20 June 2019, applicable from 12 July 2020, Garden Sharing yes makes available, through the mediation service, a reach an agreement with commercial users on the non-contractual resolution of any disputes that should arise as part of the supply of the service described in this text. The attempt to reach an agreement through the mediation service not affects the right of Users and / or Garden Sharing of bring legal action at any time, before, during or after the mediation process.

4.3. General clauses

Failure by Garden Sharing to exercise any right or option provided in the Terms of Service not will constitute a waiver of the future exercise of such right or faculty.

Any nullity and / or inapplicability and / or ineffectiveness of certain clauses contained in the Terms of Service, does not entail nullity and / or inapplicability and / or ineffectiveness of the Terms of Service n & eacute; of the other clauses that they will keep full force and effect.

4.4. Garden Sharing contacts

If you have any questions about the Terms of Service, please contact Garden Sharing S.r.l., based in 60125 Ancona, Via Mascino n. 1/A – VAT number and C.F. 02743520427 – e-mail info@gardensharing.it

& nbsp;

Last Update: December 2022