General Terms and Conditions of Use
1. TERMS AND CONDITIONS ACCEPTANCE ("GTCU")
Welcome in Net-Booking.net. The service offered by Net-Booking.net to the Hoteliers, bed&breakfast manager/owner,Hostels, landlords, etc (The hotel) is provided by Creative Pills Studio Associato, registered office in via Macerata, 8 - 00176 Roma, on the basis of the following General Terms and Conditions of Use (GTCU). In order to use the service offered, the User has to read, understand and accept the following GTCU. Net-Booking.net reserves the right to amend at any time and without notice the GCUS. The User will be able to verify the GCUS in force at any time, as updated by Net-booking on this page. Net-Booking.net shall post on this page any amendment or update to the General Terms and Conditions of Use and these shall be binding as soon as they are published on the web site in this section.
2. DESCRIPTION OF THE SERVICE
Net-Booking.net currently provides hotels the opportunity to use an effective web-based booking system that enables the user visiting the web site of the hotel to make a secure on-line reservation using a specific reservation form. Moreover, Net-Booking.net enables the hotel to increase its visibility and therefore its accommodation capacity, promoting, through its services network, the hotels that adhere to the network and when this is the case, Net-booking.net will autonomously direct the bookings to he hotel.
If not differently stated, the introduction of any amendment or update to the service, that would change its current usability, or the introduction of additional services, will undergo and will therefore be regulated by the general terms and conditions of use (GTCU).
3. SERVICE ACTIVATION AND DURATION
The contract between Net-Booking.net and the Hotel is finalised with the registration procedure made by the hotel owner as detailed on the Net-Booking.net portal. In order to promote the on-line booking service Net-Booking.net offers a free of charge 30 days trial period. When the trial is over the hotel will decide whether to use the booking service or not. If the hotel decides not to adhere to the network, according the terms and conditions detailed below, Net-Booking.net will disable the service. The duration of the contract is 12 months, starting the day the hotel submits the on-line registration form.
Unless terminated via e-mail or registered A/R letter to be sent with a 30 days notice to "Creative Pills Studio Associato", Via Macerata, 8 - 00176 Roma , this contract shall be renewed on a year-to-year basis, in accordance with the terms and conditions valid at the time of the first registration, unless other changes have taken place that shall be promptly communicated to the hotel.
4. PAYMENT TERMS AND CONDITIONS
The hotel agrees that cost of reservation services on-line offered by Net-Booking.net is adjusted on an annual basis.
The parties now agree that the payment of fees for Net-Booking.net, and any additional services, as well as better specified under the terms of this contract will be paid in advance from the hotel in one solution with the stipulation of this contract.
Alternatively, it will be possible to agree the gratuity of the service as long as net-Booking.net will be able to charge for the service the user that has booked at the registered hotel, this will include both the booking made directly trough the website of the hotel and via the net-booking.net network of services.
At agreed time, Net-Booking.net issues a pre-invoice notice stating amount and description. If within eight days after having received the document, no objection is raised, the part of the service detailed is considered approved. The pre-invoice notice is not an invoice. This will be produced on payment receipt and have the same date.
Net-Booking.net will be entitled a 10% of the gross amount charged ("deposit") to customers for any booking finalised trough its network of services.
The balance that customer will pay to the Hotel will be cutted back of this deposit.
5. NET-BOOKING.NET'S OBLIGATIONS
Net-Booking.net undertakes to continuously provide the on-line booking service, 24 hours a day and for the whole duration of the contract. In delivering the service, Net-booking.net will operate professionally with above the average cautiousness. Net-Booking will also provide the hotel with assistance and consultancy services regarding the on-line booking service and will also deliver all the services necessary to the proper execution of the contract, even if not scheduled or expected, with the only limitation that these services turn to be excessively time and money consuming.
6. REGISTERED HOTEL'S OBLIGATIONS
To use this service, the Hotel agrees to provide the information require to access and activate the service, following the on-line register procedure. Some piece of information is required in the interest of Net-Booking.net and as part of the compulsory registration procedure necessary for the proper use of the service and too guarantee the service provided by Net-Bookign.net, this information has to be correct, truthful, complete and up-to-date. If the information provided by the Hotel is false, inaccurate, not updated or incomplete, or if Net-Booking.net - on the basis of discretionary controls - judges it as being false, inaccurate, not updated or incomplete, Net-Booking.net reserves the right of temporary disabling or deleting the User's personal account and to forbid/prevent him from any subsequent utilisation of the service.
In order to enable Net-Booking.net to provide an adequate service, the Hotel undertakes to make available to the on-line booking system at least 5 beds for each of the hotels registered in the system. Regardless of the payment method agreed, the hotels also bounds himself not to cancel, without proven reason, the bookings received through net-Booking.net without taking responsibility of this with the end user.
Herewith the Hotel also bounds himself to pay Net-booking.net, for the service provided the due amounts of money in accordance with the terms and conditions of payment detailed above.
7. ACCOUNT AND PASSWORD
When the registration procedure is completed the Hotel is given an User ID and a password that will identify him when using the service offered by net-Booking.net. User ID and reservation number are sent via e-mail. Please note that this procedure complies with the current legislation and is considered valid as electronic sign with the same legal and probatory effectiveness.
The Hotel recognizes that in order to regulate the access to the service, his authentication only takes place through the use of his user ID and password. The Hotel is therefore liable for keeping confidential its account identification details and password and to guarantee their proper use when accessing the service. If these data and information are stolen, get lost or are not kept confidential, the Hotel is liable for any consequence and/ prejudice deriving from any improper and/or illegal use of the Hotel's account identification details and password, and for any consequence affecting Net-Booking.net or third parties.
8. SECURITY AND PRIVACY PROTECTION
Information provided to and processed by net-booking.net when registering online, are protected by the use of the Secure Socket Layer (SSL) with 256 bit key encrypting system that makes these information unintelligible by third parties intercepting them.
Security is guaranteed by state of the art SSL technology. Personal data and any other relevant information that can be directly or indirectly associated with a determined Hotel or Hotel manager or owner or legal representative, are collected, managed and used in compliance with the Italian law and, in particular, by the Italian Personal Data Protection Code (legislative decree no. 196 of 30 June 2003) which governs the processing of personal data - also held overseas - carried out by anyone who is domiciled or has registered offices in Italy and by the recommendation of the Authority for the protection of Personal data, refereed to at the following web page:
9. BREACH OF CONTRACT
This Agreement may be terminated forthwith by notice in writing by either party if the other party commits a material breach of this Agreement and fails to remedy it within 30 days after receipt of notice in writing from the other part. This Agreement may be terminated forthwith by notice in writing (Italian Civil Law par. 1456) by either party when the breach involves:
- The supply to the hotel of the on-line booking service as detailed above;
- The payment of the fee due to net-Booking.net, as detailed above;
If the breaching party has received the termination notice in writing, within the set deadline, and no attempt of remedy to the breach has been made, the injured party shall state the termination of the contract in writing.
10. WARRANTY AND LIABILITY
The Hotel expressively accepts and agrees the following:
a) Net-Booking.net shall provide the service "as is" and "as available". The Hotel agrees that it is technically impossible for Net-Booking.net to provide the Service uninterrupted, free of faults or to guarantee that the Service will not be infiltrated by unauthorised users or hackers, being this due to technical problems with the network, with the line or with problems in the technical equipment of the Hotel, .
b) Net-Booking.net provides no explicit or implicit guarantee on the possible negative outcome of a booking made through its service and in particular gives no guarantee on the possible cancellation of the booking by the Hotel, as detailed above in paragraph 6.
11. APPLICALE LAW AND JURISDICTION
The above General Conditions and terms and the business relationship between Net-booking.net and the Hotel are regulated by the Italian Law. Any controversy, relating, deriving or relevant to the present GTCU or referring to the utilisation of the service will be handled by the Law-court of the city of Rome (Italy).
GENERAL TERMS AND CONDITIONS OF USE ACCEPTANCE ("CTCU")
In compliance and following the Italian Civil Code, art.1341,2 nd paragraph, the Hotel declares to have carefully read and agreed to what stated in the following paragraphs detailed: art. 2 (right of extending or modifying the object of the service);art. 4 (Payment methods for the service provided to the User); Art. 10 (exclusion of guarantees by Net-Booking.net); art 11 (applicable law and competent Law-court).