1. INTRODUCTION
1.1 These Terms of Conditions (hereinafter referred to as “Terms” or “Terms and Conditions”) are brought by the individual business GISAN SAS di Noero Giuseppina and C. incorporated under the laws of ITALY, with its registered office in Via Mammeli 5, 18038 Sanremo, Italy, registered for the rental business (Affittacamere) under the two trade names Le Camere di Nanà and Nanà, P.VAT number IT00755410081 (hereinafter referred to as the “LeCDN” or “CDN”), the owner of Le Camere di Nanà platform available on the web page www.lecameredinana.it (hereinafter referred to as “Website”, “our”, “we”, “us”).
1.2 Please read these Terms and Conditions (hereinafter referred to as the “Terms”)carefully. They represent the legally binding agreement between you and the LeCDN and govern the booking of accommodation rooms, cancellation conditions of stay (hereinafter referred to as the “Services”), and the use of the Website. If you use the Website and/or use the Services, as defined in these Terms, you agree that you have understood and accepted these Terms of the Agreement.
You may not use our Services, as defined in these Terms if you do not accept these Terms. If you accept these Terms, on behalf of an organization that you represent, you confirm that you have the authority to do so. You represent that you are over the age of 18. The LeCDN does not permit those under 18 to use the Service. In the event of using Services, as defined in these Terms, on behalf of your employer, you represent and warrant that you are authorized to accept these Terms on Your employer's behalf and that your employer agrees to indemnify you and Le LeCDN and the Customer are referred to as “Party” and jointly as “Parties”.
2. SERVICES AND INCORPORATION
2.1 The LeCDN through its Website offers to book private accommodation – rooms (hereinafter referred to as “Services”). Under the term “booking” we refer to room reservation with upfront payment through our Website or room reservation with payment taken upon your arrival by card or in cash.
The private accommodation - rooms can be booked for short or longer stay through the Website. The Website may also contain other content followed by text, tips, and photos (hereinafter referred to as “Content”) available to Customers. The Content is protected by copyright and other intellectual property laws belonging to the CDN. You are not allowed to use it without the prior explicit written permission given by LeCDN.
2.2 The LeCDN may have to make changes from time to time to the Services, pricing, and policies. The Customer is responsible for the compatibility of its use of the Website and Services with the then-current Website and Service description and policies. The LeCDN may in its reasonable discretion suspend or discontinue any or all of the booking of accommodation- rooms or amend policies by posting a notice within the Website or by sending a notice to the Customer who already made a booking, through an appropriate means of electronic communication associated with the Customer or otherwise known to the LeCDN. Otherwise, it is your responsibility to keep yourself informed about all changes to the Services or the policies.
3. USE OF THE WEBSITE AND SERVICES
3.1 You can make a booking and/or use the Website without creating an account. However, to make a room reservation without upfront payment via our Site you must provide certain personal information such as your first and last name, country, email address, and telephone number. To make a booking with upfront payment via our Site, you must provide some additional personal information such as payment options, card payment or PayPal, etc. (hereinafter referred to as: “Personal data)”. Your personal data made via booking will be saved for as long as our Website is active and it may be deleted upon request by sending an email to info@lecameredinana.it with the email subject - Delete my data.
3.2. You agree that, once the Personal data have been entered via the booking process, regardless of whether the use of them is unauthorized or fraudulent, you will be liable for any booking made through the Website, save where the booking is cancelled by you under these Terms.
By using the Website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under 18 (eighteen) or are not legally permitted to enter into a binding agreement, then you may not use our Services.
3.3 You agree that you will not in any way use any device, software, or another instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, another automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorized LeCDN representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
3.4. You may not use the Website to distribute defamatory material, that is offensive, contains or amounts to hate speech, or is otherwise unlawful. You may not in any way display, publish, copy, print, post, or otherwise use the Website, Content, and/or the information contained therein without the express prior written consent of an authorized LeCDN representative.
3.5. You may be offered to subscribe to our newsletter. Your subscription to our newsletter is not mandatory and it does not affect your use of Services.
3.6. Whether or not the Website accepts, a booking depends on the availability of accommodation.
4. RESERVATION, ROOM RATE, TOURIST TAX, PAYMENT
4.1 These Terms are a legally binding agreement between you and LeCDN and apply to the booking of private accommodation – rooms made through our Website. Any other terms and conditions are hereby superseded. As stated earlier the term “booking” refers to room reservation with upfront payment through the website and/or payment taken upon your arrival by card or in cash.
You agree that your bookings are made in good faith and only for lawful use by you and your guests, and not for any other purpose, such as (and not limited to) resale, unauthorized assignment or placement on third-party websites, or making speculative, abusive, or fraudulent reservations.
4.2. Room rate and tourist tax
When you make a booking, you agree to pay the price of the selected room, tourist tax, and charges that may apply. Your booking is subject to the room rate agreed upon at the time of booking. Meals and drinks and other extras (f.e. a bar in the room) are not provided.
All room prices are fixed and include VAT, and they are quoted in the local currency (EUR) and must also be paid in this currency. You may book our room accommodations through external providers such as, but not limited to, www.booking.com, and www.airbnb.com. The price of our accommodation and related costs on the mentioned and similar platforms may differ from the prices of rooms listed on our website. It is up to you whether you will make a booking of our rooms through the websites of our external providers or directly through our Website. We advise you to check the terms of conditions, privacy, and cookie policy of these external providers before booking because we cannot be held liable and take responsibility for how those providers operate.
All room prices are non-refundable, except in the event of Force majeure (article 15.) and under the circumstances stated in article 5. Cancellation, Check-in, Check-out of these Terms.
In addition to the room rate, a tourist tax is charged. This tax may change between the time of booking and the time you stay in our rooms. The current tourist tax is 1,50 € per person per day and it can be paid in cash or with a card.
Since all bookings made through our Website are processed using the payment technology platform offered through http://www.wix.com website, by accepting these Terms you also accept Wix Payment Terms - https://www.wix.com/about/terms-of-payments. Payments will be arranged via third-party service providers including, but not limited to banks and other service providers related to the preferred payment method. Payment methods shall be provided while making the booking and/or will be visible in the footer of each website page. Payment methods may include but are not limited to credit cards, and debit card: American Express, Visa, EU/MasterCard, Diners, Maestro, and PayPal.
You acknowledge that transactions made through such third-party service providers are beyond LeCDN’s reasonable control and that the same are made in accordance with and governed by the terms and conditions of such third-party service providers. Therefore, LeCDN is not responsible or liable for any loss or damage of any sort incurred as the result of acts or omissions on the side of such third party service providers.
If you make a booking via our Website without upfront payment, you should make a payment upon your arrival either by card or in cash.
You represent and warrant that you are fully authorized and that you have the legal right to use any credit or debit card(s) or other payment methods (s) utilized in connection with the booking. Verification of information may be required before the acknowledgment or completion of any transaction.
4.3. Invoice
Your invoice will be given to you upon your request, and cannot be changed after you have checked out.
5. CANCELLATION, CHECK-IN – CHECK OUT
5.1. Cancellation
If you have not made an upfront payment via our Website, you can cancel your booking. You can inform us at least seven days before your arrival (7 days in advance) before 14:00 unless we have indicated otherwise in your booking. If you cancel after 14:00 on the day before your arrival, we will charge you 1 night as compensation for lost sales. During high season additional cancellation policies may apply but we will let you know about it at the time of booking.
If you have made an upfront payment via our Website, you are not able to change or cancel your booking and thus you will be charged 100% of the costs as compensation for the loss of revenue.
5.2. Check-in
This is possible as of 14:00. If your room is already available, you can sometimes check in earlier, but we cannot guarantee this.
5.3. Check-out
You can check out until 11:00 am. If you have not checked out by 11.00 am, we may charge you extra. We may charge you for an additional night if you have not checked out by 16:00. Any outstanding costs will be charged to the credit card you have provided to us.
Your luggage cannot be kept for storage before checking in and until checking out.
5.4. Shortening your stay
If you need to shorten your stay, upon your arrival and you have not been charged yet, the full value of your booking will be charged, unless in the event of unfortunate circumstances f.e. family emergency, hospitalization, etc. In the aforementioned case, the remaining amount will be charged at our discretion.
5.5. No show
If for any reason you do not show up on the day of arrival, and you have not made an upfront payment via our website, your credit card will be charged for the total amount including tax for the first night. Subsequent nights will be canceled (we will not have a room for you). So please let us know if you arrive after midnight, and we will hold your room for you.
Only in case you have made an upfront payment via our Website, and you do not show up due to an unfortunate circumstance f.e. a family emergency, or hospitalization, we may refund you a certain amount at our discretion.
6. AGE
If you are a minor and do not travel with someone 18 years or older, LeCDN reserves the right to evict you from the room.
7. ACCOMMODATION RULES & EXTRAS
7.1.Room occupancy & extra beds
Standard double room (2 single beds (80x190)/1 double bed(160x200) is suitable for a maximum of 2 adults and a child no older than two years.
Standard triple room (80x190, 1 double bed 160x200) is suitable for a maximum of 3 adults plus a child no older than two years. Extra child bed is possible and is free, but you have to ask for it in advance, by sending us an email at info@lecameredinana.it.
Standard quadruple room (2 single beds 80x190, 1 double bed 160x200).
CDN shall make all reasonable efforts to accurately reflect the accommodation description, availability, and reservation price on the Website.
7.2. Pets
We love all animals, but unfortunately, we accept only dogs - small breeds and you will be extra charged for that.
7.3. No smoking in the room
Smoking in the room and all indoor spaces is prohibited and can bring you a fine according to local regulations. Fines will be charged directly to your credit card. Smoking is allowed only in outdoor spaces f.e. on the terrace.
7.4. Damage to the room
If you and/or your fellow travelers cause any damage to the room or the common facilities during your stay, or if any items are taken from the room, your credit card will be charged for this.
7.5. Lost and found
You accept and agree that LeCDN cannot be held responsible for lost, damaged, or stolen items. If you forget something in the room, you are responsible for retrieving it at your own cost. All our rooms have a PC-size safe.
7.6. WIFI (free)
Our wireless network is provided as is, without any implicit or explicit guarantees. We cannot guarantee that you will always have trouble-free, fast, safe, or fault-free access to our wireless network or that your Internet needs will be met. We are not responsible for the security, integrity, accuracy, or completeness of any information you transmit or receive over our wireless network.
We provide our wireless network to you on our terms. Your access may be blocked, suspended, or terminated without reason.
What you may not do: (i) use our wireless network for illegal or prohibited purposes; (ii) use our wireless network to host a website or other server, send or enable bulk emails, or collect personal information from third parties without authorization; (iii) exceed the normal bandwidth that would be reasonable for the period you use our wireless network; (iv) resell, or attempt to resell, our wireless network to a third party.
We keep technical records of your usage to measure the performance of our system, maintain our system, record crimes, and secure our system. Personal data that we collect from you to use our wireless network is processed as described in our Privacy Policy. When you use our wireless network, you automatically agree to our processing of your data.
8. VIDEO SURVEILLANCE
There is video surveillance in common facilities for security reasons f.e. damages, fire, etc., and can be used only upon the authorized request by the law.
9. FILMING AND PHOTOGRAPHING
Audio-visual recordings, photo shoots, and the reproduction or distribution of images, including of the building where the rooms are, are only permitted if you have requested permission in advance. This does not apply to recordings for private use only. You can request permission by contacting us at info@lecaremeredinana.it
10. PARKING
We do not offer a parking place. However, a few steps from LeCDN there are paid parking spaces and for the lucky ones, there are free parking lots in the city.
11. OBLIGATIONS AND CONDUCT AND INTELLECTUAL PROPERTY RIGHTS
11.1 You confirm that you will respect all rules, obligations, and limitations related to and determined by these Terms, Privacy, and Cookie Policy. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website.
11.2 You may have the option to leave a comment on our Website. The LeCDN reserves the right to remove comments that violate these Terms. You are responsible for providing suitable hardware (laptop or mobile phone), software (web browser), and a stable internet connection that will ensure access to the Website and/or Services.
11.3 The Content of the Website, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs, and service marks that are displayed on or incorporated in this Website are protected by law, including but not limited to copyright and trade mark law. The Content is the property of LeCDN, its advertisers, and/or sponsors and/or is licensed to LeCDN. You will not acquire any right, title, or interest in or to the Website or its Content.
11.4 Any use, distribution, or reproduction of the Content is prohibited unless expressly authorized in these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Content you must contact the LeCDN. Where any of the Content has been licensed to CDN or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third-party terms and conditions.
11.5 The “CDN’s Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans, domain names and other designations the LeCDN uses in connection with its Services, including Website. You may not remove or alter any of the LeCDN’s Trademarks, or co-brand your products or material with the CDN’s Trademarks, without the LeCDN’s prior written consent. You acknowledge the LeCDN’s rights in the CDN’s Trademarks and agree not to use any of the LeCDN’s Trademarks without the LeCDN’s prior written consent. You agree not to incorporate any of LeCDN’s Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for any use whatsoever.
12. TERMINATION OF THE AGREEMENT
12.1. LeCDN may in its sole discretion terminate, suspend and modify the Website or Services, with or without notice to you. You agree that LeCDN will not be liable to you if it chooses to suspend, modify or terminate this Website or Services other than for processing any bookings made by you before such time, to the extent possible.
12.2 If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of any bookings, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that LeCDN may have against you.
12.3. We have the right to stop you from making any bookings, to cancel any bookings you’ve made, and/or to stop you from using our Website. Of course, we’ll only do this if in our opinion there’s a good reason to, such as:
- fraud or abuse
- non-compliance with our values or with applicable laws or regulations
- inappropriate or unlawful behavior (e.g. violence, threats, invasion of privacy) concerning us, any of the companies we work with – or anyone else, for that matter.
12.4 If we cancel a Booking as a result, you won’t be entitled to a refund. We may tell you why we cancelled your Booking unless telling you would (a) contravene applicable laws and/or (b) prevent or obstruct the detection or prevention of fraud or other illegal activities. If you believe we incorrectly cancelled your booking, you can contact us at info@lecaremeredinana.it
13. DISCLAIMER OF WARRANTIES
13.1 The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from the use of the Website or reliance on any information on the Website. Whilst the LeCDN takes reasonable measures to ensure that the Content of the Website is accurate and complete, LeCDN makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by LeCDN’s representatives, LeCDN shall not be bound thereby.
13.2 LeCDN disclaims liability for any damage, loss, or expenses, whether direct, indirect, or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any Content therein unless otherwise provided by law.
13.3 The Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law. Any views or statements made or expressed on the Website are not necessarily the views of LeCDN, its directors, employees, and/or agents.
13.4 In addition to the disclaimers contained elsewhere in these Terms and Conditions, LeCDN also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which can corrupt, destroy, compromise, disrupt, disable, harm, jeopardize or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risks associated with the existence of such viruses, destructive materials, or any other data or code which can corrupt, compromise, jeopardize, disrupt, disable, harm, or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of CDN, its employees, agents or authorized representatives. LeCDN thus disclaims all liability for any damage, loss, or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.
13.5 The LeCDN warrants to provide the Services professionally. The LeCDN does not warrant that the Services will be available all the time. In case LeCDN fails to meet service level requirements or other requirements under these Terms, LeCDN will use reasonable commercial efforts to correct reported faults for which it is responsible. All other warranties, whether statutory or contractual, are hereby excluded from this Agreement to the extent permitted by law.
13.6 The LeCDN makes no representation that Content on the Website is appropriate or available for use worldwide, and access to it is prohibited from territories where the Content through the Website is illegal. You are responsible for compliance with all local laws if, and to the extent, local laws are applicable.
14. LIMITATION OF LIABILITY
14.1 LeCDN cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of LeCDN, its employees, agents, or authorized representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our email address info@lecameredinana.it.
14.2 LeCDN shall not be liable for any direct or indirect, incidental, special, or consequential loss or damages that might arise from your use, or reliance upon the Website or the Content contained in the Website; or your inability to use the Website, and/or unlawful activity on the Website.
14.3 You shall indemnify and hold LeCDN harmless against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from the use of the Website.
14. 4. Our liability to you is limited to the charges you pay to us, except for liability which cannot be excluded or limited by law. We will also not be liable for any special, indirect, or consequential loss or damage.
15. FORCE MAJEURE
15.1 Any delay or failure by either Party hereto in the performance of these Terms will be excused to the extent that such delays or failures are caused by occurrences beyond such party’s reasonable control, including decrees or restraints of governments, strikes, or other labor disturbances, war, sabotage, and any other cause which cannot be reasonably controlled by either Party (from now on referred to as “Force Majeure Event”). The Party seeking to excuse its performance will promptly notify the other Party, and the notifying Party will be excused for the duration of its inability to perform. If such conditions continue for sixty (60) days or more, the obligation under these Terms related to such performance shall be Terminated and both Parties shall be released from their obligations save the obligation to refund any payments. Any such release shall be valid for a particular performance affected by Force Majeure Event and shall not be valid for future and shall not terminate future obligations under these Terms.
16. PRIVACY
During the booking process and your stay, LeCDN collects your personal data. These data are processed following our Privacy Policy and GDPR applicable laws and regulations.
17. GOVERNING LAW AND JURISDICTION
17.1 These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted following the laws of ITALY except for the disputes arising from or in connection with an upfront payment made via our Website in which case the Law of California will apply. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the ITALIAN courts regarding all proceedings, transactions, applications, or the like instituted by either party against the other, arising from any of these Terms and Conditions. This choice of law is without prejudice to consumer protection afforded by provisions that cannot be derogated from by agreement under the law which, in the absence of any choice, would have been applicable in the country where you reside. The Italian version of these Terms is the original. If there’s any dispute about the Terms or any discrepancy between the Terms in English and Italian language, the Terms as they appear in Italian will apply. We will always try to solve any dispute peacefully and we encourage you to contact us about any issue at info@lecameredinana.it
18. GENERAL TERMS
18.1 These Terms constitute the entire agreement between you and the LeCDN relating to the subject matter and cancel and supersede any prior versions of the Terms. No modification to the Terms will be binding, unless in writing and provided by LeCDN and on the Website.
18.2 Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of these Terms will remain in full force and effect.
Last Revision: November 2022