Introduction Terms and Conditions

These terms and conditions, as may be amended from time to time, apply to all our services made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our (mobile) website or any of our applications through whatever platform (hereafter collectively referred to as the "Platform") and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).

0. Definitions

“My Italy", "us", "we" or "our" means My Italy Srlu, a limited liability company incorporated under the laws of Italy, and having its registered address at Via della Cucculeggia 15, 53016, Murlo, Italy. "Platform" means the (mobile) website and app on which reservations can be made. “Agriturismo” means the professional provider of accommodation (e.g. agriturismo, hotel, motel, apartment, bed & breakfast, residence). “Reservation” or “booking” means an arrangement you make with an Agriturismo to have an accommodation (room, apartment, villa) at a particular time in the future.

1. Scope and nature of our Service

Through our website My Italy Srlu provides an online platform through which Agriturismos – in their professional conduct of business (i.e. B2C or B2B) – can advertise, market, sell, promote and/or offer (as applicable) their products and service for order, purchase, reservation, hire, and through which relevant visitors of the Platform can discover, search, compare, and make an order, reservation, purchase or payment. By making a reservation through our website, you enter into a direct (legally binding) contractual relationship with the Agriturismo with which you make a reservation or purchase a product or service (as applicable). From the point at which you make your reservation, we act solely as an intermediary between you and the Agriturismo, transmitting the relevant details of your reservation to the relevant Agriturismos and sending you a confirmation email for and on behalf of the Agriturismo. My Italy does not (re)sell, rent out, offer any (travel) product or service.

When rendering our service, the information that we disclose is based on the information provided to us by Agriturismos. Agriturismos are fully responsible for providing us with updated rates/fees/prices, availability, policies & conditions and other relevant information which is displayed on our Platform. Although we will use reasonable skill and care in performing our service, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Agriturismo remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates/fees/prices, policies & conditions and availability) provided to My Italy.

Our service is made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, reservations, products or services available on our Platform for any commercial or competitive activity or purpose.

2. Prices

Prices are displayed on our website including VAT/ sales tax (subject to change) and excluding tourist/city tax. Extra costs may apply for extra items (service or product), such as final cleaning, air conditioning, heating, extra bed, baby bed, breakfast and any other extra item confirmed to you by the agriturismo in advance. Some extra items, such as final cleaning, could be obligatory.

Applicable fees and taxes (including tourist/city tax) may be charged by the Agriturismo in the event of a no-show or cancellation.

Sometimes cheaper rates are available on our Platform for a specific stay, product or service, however, these rates made available by Agriturismos may carry special restrictions and conditions, for example non-cancelable and non-refundable. Please check the relevant product, service and reservation conditions and details thoroughly for any such conditions prior to making your reservation. Obvious errors and mistakes (including misprints) are not binding.

All special offers and promotions are marked as such. If they are not labelled as such, you cannot derive any rights in the event of obvious errors or mistakes.

3. Privacy and cookies

My Italy respects your privacy. Please have a look at our privacy and cookies policy for further information.

4. Free of charge for consumers, only Agriturismos pay!

Unless indicated otherwise, our service is free of charge for consumers because, unlike many other parties, we will not charge you for our service or add any additional (reservation/ booking) fees to the rate. You will pay the Agriturismo the relevant amount as indicated in the voucher (plus - insofar not included in the price – relevant applicable taxes, levies and fees and extra items (if applicable)).

Agriturismos pay a commission (being a small percentage of the product price (e.g. room price)) to My Italy after the end user has consummated the service or product of the Agriturismo (e.g. after the guest has stayed at (and paid) the accommodation). Only Agriturismos which have a commercial relationship with My Italy (through an agreement) will be made available on Platform.

5. Credit card or bank transfer

My Italy applies the booking terms and conditions of each individual Agriturismo and payment is not to My Italy, but directly to the Agriturismo. Agriturismos may require a deposit, a percentage of the total amount of your reservation, to be paid at the moment of reservation by international bank transfer or by providing your credit card details during the reservation process, in order for the Agriturismo to debit your credit card for the amount of the deposit. The remaining amount you pay at the the moment of arrival, departure or a number of weeks before arrival as stated in the booking conditions. Agriturismos that do not require a deposit may require your credit card information to guarantee the reservation and for payment of any cancellation fees. The method of payment of the Agriturismo of your choice is stated on the booking form that you will use to confirm your reservation, or can always be asked to My Italy at any stage of the reservation process.

You will not hold My Italy liable or responsible for any (authorized, (allegedly) unauthorized or wrong) charge by the Agriturismo and not (re)claim any amount for any valid or authorized charge by the Agriturismo (including for pre-paid rates, no-show and chargeable cancellation) of your credit card.

In the event of credit card fraud or unauthorised use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible (usually set at EUR 50 (or the equivalent in your local currency)). In the event that your credit card company or bank charges the deductible from you because of unauthorised transactions resulting from a reservation made on our Platform, we will pay you this deductible, up to an aggregate amount of EUR 50 (or the equivalent in your local currency). In order to indemnify you, please make sure that you report this fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately by email (info@myitaly.nl). Please state 'credit card fraud' in the subject line of your email and provide us with evidence of the charged deductible (e.g. policy of the credit card company). This indemnification only applies to credit card reservations made using My Italy's secure server and the unauthorised use of your credit card resulted through our default or negligence and through no fault of your own while using the secure server.

6. Pre-payment, cancellation, no-show and fine print

By making a reservation with an Agriturismo, you accept and agree to the relevant cancellation and no-show policy of that Agriturismo, and to any additional terms and conditions of the Agriturismo that may apply (including the fine print of the Agriturismo made available on our Platform and the relevant house rules of the Agriturismo), including for services rendered and/or products offered by the Agriturismo. The relevant terms and conditions of an Agriturismo can be obtained with the relevant Agriturismo. The general cancellation and no-show policy of each Agriturismo is made available on our Platform on the booking form, during the reservation procedure and in the confirmation voucher. Please note that certain rates, fees or special offers are not eligible for cancellation, refund or change. Applicable city/tourist tax may still be charged by the Agriturismo in the event of a no-show or charged cancellation. Please check the (reservation) details thoroughly for any such conditions prior to making your reservation. Please note that a reservation which requires down payment or (wholly or partly) prepayment may be cancelled (without a prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant due or payment date in accordance with the relevant payment policy of the Agriturismo and the reservation.

Cancellation and prepayment policies may vary per each reservation. Please carefully read the fine print and important information in your voucher for additional policies as may be applied by the Agriturismo (e.g. in respect of age requirement, security deposit, non-cancellation/additional supplements for group bookings, extra beds/no free breakfast, pets/cards accepted). Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless the Agriturismo agrees or allows otherwise under its (pre)payment and cancellation policy.

If you wish to review, adjust or cancel your reservation, please contact My Italy. You have to cancel your reservation in writing to My Italy, no later than 3 working days before the expiry of the cancellation period; thereby enabling My Italy to cancel your reservation at the Agriturismo on time. You can also cancel directly at the Agriturismo within the cancellation period, as stated in the cancellation policy of the Agriturismo. Your change or cancellation of your booking is only final after written confirmation by My Italy or the agriturismo. Please note that you may be charged for your cancellation in accordance with the Agriturismo’s cancellation, (pre)payment and no-show policy or not be entitled to any repayment of any (pre)paid amount. We recommend that you read the cancellation, (pre)payment and no-show policy of the Agriturismo carefully prior to making your reservation and remember to make further payments on time as may be required for the relevant reservation.

If you have a late or delayed arrival on the check-in date or only arrive the next day, make sure to (timely/promptly) communicate this with the Agriturismo so they know when to expect you to avoid cancellation of your reservation or charge of the no-show fee. Our customer service department can help you if needed with informing the Agriturismo. My Italy does not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or charged no-show fee by the Agriturismo.

7. (Further) correspondence and communication

My Italy disclaims any liability or responsibility for any communication by or with the Agriturismo on or through its platform. You cannot derive any rights from any request to, or communication with the Agriturismo or (any form of) acknowledgement of receipt of any communication or request. My Italy cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the Agriturismo.

In order to duly complete and secure your reservation, you need to use your correct email address. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number or credit card number.

Any claim or complaint in respect of the accomodation and reservation must be promptly submitted to the Agriturismo (still during your stay at the Agriturismo), to allow them the opportunity to offer within their means, a reasonable solution. Without accepting any liability or responsibility My Italy can assist you in comunicating to the Agriturismo.

Any claim or complaint against My Italy must be promptly submitted, but in any event within 30 days after the scheduled day of check out. Any claim or complaint that is submitted after the 30 days period, and that has not been reported locally to the Agriturismo or to My Italy during your stay, may be rejected and the claimant shall forfeit its right to any (damage or cost) compensation.

Due to the continuous update and adjustments of rates and availability, we strongly suggest to make screenshots when making a reservation to support your position (if needed).

8. Disclaimer

Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the voucher.

However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Agriturismo as made available on our Platform, (iii) the services rendered or the products offered by the Agriturismo or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Agriturismo or any of our other business partners (including any of their employees, directors, officers, agents, representatives, subcontractors or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the Platform, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.

My Italy is not responsible (and disclaims any liability) for the use, validity, quality, suitability, fitness and due disclosure of the accommodation and makes no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose. You acknowledge and agree that the relevant Agriturismo is solely responsible and assumes all responsibility and liability in respect of the accommodation (including any warranties and representations made by the Agriturismo). My Italy is not a (re)seller of the accommodation. Complaints or claims in respect of the accommodation (including related to the offered (special/promotion) price, policy or specific requests made by Customers) are to be dealt with by the Agriturismo. My Italy is not responsible for and disclaims any liability in respect of such complaints, claims and (product) liabilities.

Whether or not the Agriturismo has charged you for your accommodation, or if we are facilitating the payment, you agree and acknowledge that the Agriturismo is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the price or fee to the relevant tax authorities. My Italy is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the price or fee to the relevant tax authorities. My Italy does not act as the merchant of record for any product or service made available on the Platform. In the event an Agriturismo cancels your reservation as a result of an overbooking, strike, force majeure or any other event beyond their control, it is the responsibility of the Agriturismo to offer you an equivalent alternative. You have the choice whether or not to accept this alternative. My Italy is not responsible for and disclaims any liability in respect of such cancellations, but can support you in the communication to the Agriturismo.

9. Intellectual property rights

Unless stated otherwise, the software required for our services or available at or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by My Italy or the Agriturismos.

My Italy exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Platform on which the service is made available and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content or would otherwise own any intellectual property rights in the Platform or any (translated) content, you hereby assign, transfer and set over all such intellectual property rights to My Italy. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).

10. Miscellaneous

To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Italian law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Como, Italy. The original English version of these terms and conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English language version to the extent permitted by law shall apply, prevail and be conclusive. The English version is available on our Platform (by selecting the English language) or shall be sent to you upon your written request.

If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.

11. About My Italy

The accommodation service is rendered by My Italy, which is a private limited liability company, incorporated under the laws of Italy and having its offices at Via della Cucculeggia 15, 53016, Murlo, Italy and registered with the trade register of the Chamber of Commerce in Siena under registration number SI-136477. Our VAT registration number is 01300710520.

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