Supplier general terms of adhesion

1. Recitals

1.1 The recitals form an integral part of the contract.

1.2 These General Terms and Conditions of Membership (hereinafter, the “Terms”) govern the sale of services offered through the Animal_Amo Platform (hereinafter, the “Platform”) by Animal Amo s.r.l. (hereinafter, the “Manager”). By using the Platform, the Supplier accepts these Terms.

1.3 The owner of the Platform intends to make available to Users hotel accommodation services provided by third parties and related to the world of animals.

1.4 The owner of the Platform acts as operator of the portal and as a mere online intermediary between the Supplier and the User and therefore is, and shall always remain, entirely outside the contract entered into between the Supplier and the User.

1.5 The Supplier’s execution of the Contract merely constitutes a request to join the Platform; the Manager reserves the right, at its sole discretion, to accept or reject such request. On the basis of the information provided by the Supplier when applying for membership, the Manager reserves the right to verify that hotel services accepting animals are provided.

1.6 The contract between the parties shall become effective only after the Manager has accepted the membership request in writing.

1.7 The parties agree that any communication from the Manager to the Supplier shall be valid and effective if sent by certified electronic mail (PEC) or by email where expressly provided.

2. Definitions

• User: any natural or legal person accessing the Platform.
• Supplier: the operator offering services on the Platform.
• Manager: Animal Amo s.r.l.
• Services: all services offered by suppliers.
• Platform: the marketplace portal hosted at www.animalamo.it and the Animal Amo App, made available by Animal Amo s.r.l., on which Suppliers publish and promote their Services to Users.

3. Supplier Membership of the Platform

3.1 The Supplier shall submit a request to join the Platform through the registration procedure available on the website, providing truthfully and completely all information and data requested in the form.

3.2 When applying for membership, the Supplier shall review, carefully read and examine these General Terms and Conditions. Once the Terms have been approved, the Supplier shall be deemed to have approved the contract in all its parts and shall then submit the request in accordance with the instructions provided.

3.3 The Supplier expressly warrants that all information and descriptions provided during registration are complete and truthful and undertakes to promptly notify the Manager of any variation or amendment thereof. In the absence of such prompt notice, any changes shall not be enforceable against the Manager.

3.4 The contract shall be deemed concluded and effective when the Supplier receives written confirmation of membership of the Platform from the Manager.

3.5 Once written confirmation of membership has been received, the Supplier shall be granted access to its personal account. The Supplier is required to safeguard its access credentials, which must be used exclusively by the Supplier and may not be transferred to third parties. The Supplier undertakes to keep them confidential, to ensure that no third party has access to them, and to inform the Manager if it suspects or becomes aware of any improper use by third parties or any unauthorized disclosure of such credentials.

3.6 The Supplier is responsible for all activities carried out through its account unless such activities were performed without its authorization and this did not occur as a result of its negligence.

3.7 The Supplier shall strictly and fully comply with the contract. The Platform must be used in accordance with the purpose established by the Manager and the Supplier undertakes to comply with the rules governing its use and operation.

3.8 If the Supplier fails to comply with the above requirements (contractual requirements and requirements concerning management/use of the service), the Manager shall be entitled to terminate the contract with immediate effect.

4. Use of the Platform

4.1 Use of the Platform is permitted only to providers of accommodation services operating on a business basis. Where the service is provided by natural persons, they must be of legal age.

4.2 Only persons having full legal capacity to act and to validly enter into contracts may use the Platform.

4.3 The relationship between the Supplier and the Platform is one of full independence. The Manager neither directs nor controls the Supplier’s services, and the Supplier has full discretion over decisions concerning periods, quantities, prices and terms, including cancellation terms, applicable to its services.

4.4 The contract entered into between the Supplier and the User is concluded without the Manager being a party thereto.

4.5 The Supplier is and remains solely and exclusively responsible for the conclusion and performance of the contract with the User, assuming all liability arising therefrom.

4.6 The Supplier is solely responsible for providing the services to the User in accordance with the terms and at the price stated in the listing.

4.7 The Supplier is also required to pay the Manager the costs expressly provided for under section 8, Fees.

4.8 The Manager remains outside and is exempt from any liability arising from the conclusion, termination and/or performance or non-performance of the purchase contract between Supplier and User. The Supplier hereby undertakes to indemnify and hold harmless the Manager from any liability of any kind arising from or otherwise connected with the conclusion, termination, failure to conclude and/or performance of the sales contract with the User.

5. Supplier Obligations

5.1 The Supplier declares and acknowledges that it is solely responsible for the offer and sale and/or provision of the services and for its obligations toward the User, as well as for the truthfulness, correctness, completeness, accuracy and non-misleading nature of the information made available and/or provided to the User.

5.2 The Supplier declares and warrants:

• that it is authorized to carry out the activity of selling hotel services and holds all authorizations, requirements and documents necessary under applicable law, including tax law, for carrying out such activity;
• that it has the means, knowledge, organization, organizational capacity, material and technical resources necessary to ensure the effective provision of the services in accordance with the arrangements agreed with the User at the time of sale;
• that the offer of services does not in any way infringe third-party rights and is fully compliant with the rules applicable also to the online sale of hotel services;
• that it will promptly update the quantity of services offered on the Platform;
• that it will use the Platform solely for the purpose of using the services offered and in accordance with the law and the contract;
• that it will state in the listing all costs and charges and will not collect additional costs or charges, except those requested by the User after conclusion of the contract and not included therein;
• that it will not encourage Users to create third-party accounts, submit reviews, provide contact information beyond that required for the booking, or take other actions outside the Platform;
• that it is responsible for understanding and fully complying with all laws, rules, regulations and contracts with any third parties applicable to its services;
• that it will not publish, transmit and/or otherwise disclose unlawful content or, in any event, content that is offensive, defamatory, harmful to the privacy of others, vulgar and/or contrary to public decency, or that incites conduct punishable under criminal law;
• that it will not use, or permit others to use, the Platform to commit or facilitate unlawful acts or criminal offences of any kind.

5.3 The Supplier undertakes to indemnify and hold harmless the Manager (together with its officers, legal representatives, directors, employees and/or agents) from any liability, claim, loss, damage, demand, complaint, cost, fine, penalty, expense (including legal fees) or other monetary or non-monetary obligation arising from or connected with: a) a breach or risk of breach of the obligations imposed on the seller under applicable law or the Platform membership terms; b) the activity carried out through sales channels and the management of such activity, to the extent relevant to the agreement; c) the Supplier’s services and/or their offer on the Platform, sale and/or management (including, by way of example and without limitation, booking of stays, termination of contracts, cancellation, refunds and any injury, death and/or damage to property or persons); d) the Supplier’s trademarks; e) any conduct of the Supplier that is classified, even only presumptively, as an act of unfair competition or as an infringement of copyright and/or intellectual property rights claimed by third parties; f) the Supplier’s tax liabilities and/or the collection, payment or failure to collect or pay the same.

5.4 The Supplier undertakes to comply with the laws in force applicable to the sale, including online sale, of hotel services and with the Platform’s general terms and conditions.

5.5 The Supplier undertakes not to use the personal data of customers, Users or purchasers for marketing, spam, profiling or advertising communications.

5.6 The Supplier declares that it is aware of and accepts that the same services may be offered on the Platform by different suppliers competing with one another.

6. Manager Obligations

6.1 The Manager undertakes to allow the Supplier access to the Platform and to any applications connected thereto.

6.2 The Supplier shall be able to use the Platform to publish and offer hotel services to Users.

6.3 The Manager does not control the conduct or performance of Suppliers and Users and does not guarantee: a) the existence, quality, safety, suitability or legality of any listing; b) the truthfulness or accuracy of any listing description or other content provided by Users.

6.4 The Manager may review, disable access to, remove or modify content in order to: a) manage, protect and improve the Platform; b) ensure Users’ compliance with these terms; c) comply with applicable law or an order or request of a court, law-enforcement authority or other authority; d) address User content it considers harmful or objectionable; e) take actions provided for under these terms; and f) maintain and enforce any quality or suitability criteria, including by removing listings that do not meet such criteria.

6.5 The Manager may remove or disable content where it deems this appropriate, notifying the Supplier concerned and providing the reasons for the measure, unless such notice would prevent or hinder the investigation or prevention of fraud or other unlawful activities, would prejudice the legitimate interests of other members or third parties, or would violate applicable law.

6.6 Subject to the following paragraphs, the Manager undertakes to keep the Platform up to date and operational at all times, except for necessary interruptions due to maintenance, updates or any other technical reason. The Platform shall not be liable for interruptions and/or anomalies and/or security flaws in the web service offered where attributable to causes independent of its actions. Nor shall it be liable in any way where the Supplier claims to have suffered financial or non-financial damage of any nature as a direct and/or indirect consequence of use of the Platform.

6.7 Unless this is impossible due to measures whose particular urgency or nature prevents it, maintenance operations that may prevent connection to the Platform shall be promptly communicated by the Manager.

6.8 As the party responsible for the technical and operational function of the Platform, the Manager reserves the right at any time to modify, suspend or interrupt the operation of the Platform and/or all or part of the services, giving the Supplier reasonable prior notice where possible.

6.9 The Manager undertakes to provide the Supplier with information on any additional distribution channels and/or potential affiliate programs through which the Platform may market the services offered by Suppliers.

6.10 The Manager shall also have no liability in the event of delays, malfunctions and/or interruptions in the website’s activity or in the provision of services caused by force majeure events.

7. Content Published on the Platform

7.1 The Supplier declares and acknowledges that it is free to determine which services to offer for sale on the Platform and in what quantity, guaranteeing their availability at the time the offer is created and throughout the period in which the offer is visible and available to the User.

7.2 The Supplier declares and acknowledges that it is solely responsible for the offer and sale of services, the purchase contract and the resulting relationship with the User, as well as for the truthfulness, correctness, completeness, accuracy and non-misleading nature of the information made available and/or provided to the User and purchasers and of the legal documentation. It undertakes to include in the listing complete and accurate information concerning its services, prices, costs and taxes, and any rules or requirements applicable to the listing, including cancellation conditions. The Supplier is responsible for every act and omission and undertakes to keep the listing information accurate and up to date.

7.3 The Supplier is responsible for checking the compliance of content to be made public in order to validate its accuracy and identify any errors. If the Supplier identifies inaccuracies, errors and/or omissions of any nature, it undertakes to correct them without delay. Likewise, if the Manager receives reports of errors, inaccuracies and/or omissions appearing on any page, it shall immediately inform the Supplier, which shall be obliged to carry out an immediate check and, where appropriate, make changes and/or corrections without delay.

7.4 The Supplier undertakes to resolve any dispute arising from and/or connected with incorrect and/or inaccurate information provided.

7.5 The Supplier grants the Manager a non-exclusive, worldwide, royalty-free, sublicensable and transferable license, for the duration of the protection of the rights so granted, to access, use, store, copy, modify, create derivative works from, distribute, publish, transmit, disseminate and otherwise exploit the listing content for the purpose of providing the Platform service in any manner, on any media and Platform, whether known or unknown at the time of use, and in particular on the Internet and social networks.

7.6 The Supplier warrants that it owns or is authorized to grant the Manager the rights described above. The Supplier is responsible if any content violates or infringes intellectual property rules or third-party privacy rights.

7.7 In the event of a claim by third parties concerning any listing or conduct connected therewith, the Supplier assumes full responsibility and undertakes to indemnify and hold harmless the Manager from any damage, loss or expense.

7.8 The Supplier accepts that the Manager may make available automated and non-automated services or tools to translate content and that such content may be localized using such services or tools. The Manager gives no warranty as to the accuracy or quality of translations; Suppliers are responsible for checking their correctness.

7.9 The order in which accommodation facilities searched through the Platform are presented results from the search carried out directly by the User at the time the system is queried, on the basis of the following parameters: location, dates, number of guests, pets, type of service and price range.

8. Fees and Payments

8.1 The commission applied by the Platform is equal to 10% of the price of the services sold. Tourist tax is excluded from the price of the stay.

8.2 The Supplier is solely responsible for invoicing obligations and any related tax consequences and acknowledges that the Manager may under no circumstances be held responsible in this respect.

8.3 The Manager shall invoice the Supplier monthly for the amounts due to it, calculated on bookings made through the Platform.

8.4 The Supplier undertakes to pay the invoice within 30 days from the date of issue. The Supplier may verify the calculation of the amounts due from the summary visible through its personal account.

8.5 The Platform uses an external payment management service called “STRIPE”, which ensures that the Manager does not take possession of the amounts paid by Users for the purchase of services.

The terms of use of the aforementioned service may be consulted at the following address:

8.6 The Manager shall be exempt from any liability relating to payments or non-payments for the services offered. Under no circumstances may payment for a service purchased by the User be claimed from the Manager. The Supplier undertakes to indemnify and hold harmless the Manager from any claim made by the User concerning payments made or malfunctions of the payment service.

9. Limitations of Platform Liability

9.1 The Manager shall not be liable for direct or indirect, incidental or consequential damages, such as loss of profit, loss of business and/or business opportunities, or anything arising from management of the Platform and the services provided in the event of errors, omissions or inaccuracies in the transmitted data. Likewise, it shall not be liable in the event of interruptions, suspensions, delays and anomalies in the management of the Platform and provision of services, even where arising from technical problems, unless directly and immediately attributable to wilful misconduct or gross negligence on its part.

9.2 The Manager shall not be liable for direct or indirect, incidental or consequential damages, such as loss of profit, loss of business and/or business opportunities, or any other damage arising from computer intrusions or other unlawful interference or use of data by unauthorized third parties, as well as commercial fraud or other improper or unlawful conduct by the Supplier, unless directly and immediately attributable to wilful misconduct or gross negligence by the Manager.

9.3 Under no circumstances shall the Manager be held liable for damage resulting from Platform malfunctions directly or indirectly attributable to conduct or omissions of the hosting provider.

9.4 Under no circumstances shall the Manager be held liable for performance of obligations arising from contracts concluded between Supplier and Users.

9.5 The Supplier undertakes to indemnify and hold harmless the Manager from any right or claim, including out-of-court claims, arising from such conduct or, in any event, as a consequence of use of the Platform and/or any of its applications.

10. Restriction, Suspension and Termination

10.1 The Manager reserves the right to terminate, suspend and/or restrict, in whole and/or in part, the services provided to the seller under the contract, in accordance with and within the limits of EU Regulation 2019/1150, where the Seller breaches its legal obligations, its duties of good faith, diligence and professional fairness toward the Manager and/or the Platform, Users and/or third parties, its obligations under the contract, or in any other case in which the Manager becomes aware of an action and/or conduct by the Seller that justifies adoption of a measure.

10.2 In the cases provided for in the preceding paragraph, a registered letter with return receipt or certified electronic mail (PEC) shall be sent with prior notice and the relevant reasons.

11. Term and Withdrawal

11.1 This agreement shall remain in force until terminated in accordance with this document.

11.2 The Manager is entitled to withdraw from the agreement at any time by sending a registered letter with return receipt or PEC with at least 30 days’ notice.

11.3 Withdrawal exercised by the Manager pursuant to this article shall not entail payment of any penalty and/or refund and/or indemnity and/or consideration in favor of the Supplier, without prejudice to the Supplier’s obligation to pay the Manager, even after termination of the agreement, any amount and/or sum due under this agreement.

11.4 The Supplier is entitled to withdraw from this agreement at any time and without any justification by sending a registered letter with return receipt or PEC. Closure of the partner account shall in any event be equivalent to withdrawal from the contract.

11.5 Exercise of the Supplier’s right of withdrawal does not release the Supplier from the obligation to pay the Manager, even after termination of the agreement, any amount and/or sum due under this document.

11.6 The Supplier shall continue to perform its obligations in respect of any booking made by the User before termination of this agreement.

12. Intellectual Property Protection

12.1 The Manager is the creator and author of the website pursuant to Italian Law no. 633 of 22 April 1941, as subsequently amended and supplemented. All rights are reserved to the Manager.

12.2 The Platform, website, software, website IT architecture, codes, methods, algorithms, instructions representing technical, creative or organizational improvements, updates, releases and any and all applications to the Platform, whether used or developed by the Manager (or by third parties appointed by it) for coordination and interaction of the Platform or for the creation, activation and online management of the website and the information elements published thereon and/or for the provision of services, are owned by the Manager.

12.3 In particular, the Manager has full ownership of the software, know-how, computer programs, codes, related adaptations, amendments and customizations of indications, instructions and documents, in whatever form expressed, installed or to be installed, including those relating to and/or developed in connection with the website, the Platform, databases, website layout, their online management and the information and data contained therein, and more generally in performance of this agreement.

12.4 The Supplier undertakes not to use the Manager’s trademarks in any way without the Manager’s prior written consent.

12.5 The Supplier also undertakes not to make any statement, whether positive or negative, concerning the commercial relationship existing with the Manager.

13. Privacy

13.1 Users and Suppliers using the Platform are invited to review the relevant Privacy and Cookie Policy in order to receive further information on the processing of personal data connected with use of the Platform.

14. Express Termination Clause

14.1 The parties acknowledge and agree that the contract shall be terminated by operation of law pursuant to Article 1456 of the Italian Civil Code if the Supplier fails to perform the obligations set out in Articles 5 (Supplier Obligations), 8 (Fees and Payments), and in all other cases provided for in this contract. In such case, the contract shall terminate by operation of law when the Manager has notified the Supplier of its intention to rely on this express termination clause. The Manager retains the right to take action before the competent authorities to protect its rights and claim damages.

14.2 In the event of termination, all rights granted to the Supplier under the contract shall cease to have effect, the Supplier shall cease operating on the Platform and its account shall be deactivated.

15. Assignment of Contract

15.1 The Supplier may not assign this contract, even in part, to third parties without the Manager’s written consent.

15.2 The Manager expressly reserves the right to assign, for consideration or free of charge, all or part of the Platform to third parties or to grant them any right connected with the Platform.

15.3 In such latter case, the Manager undertakes to inform the Supplier by written notice sent by PEC.

16. Amendments to the Terms

16.1 Without prejudice to Article 1341 of the Italian Civil Code, the Platform reserves the right to amend these Terms at any time. Amendments shall be communicated to Suppliers by email or PEC at least 15 days before the changes take effect. The Seller shall have the right to withdraw from the contract free of charge within 15 days of receipt of the notice. Continued use of the Platform constitutes acceptance of the new Terms.

16.2 The Manager may grant Sellers longer notice periods where necessary to allow them to make technical or commercial adjustments in order to comply with the notified amendments.

16.3 Amendments shall not have retroactive effect unless this is necessary to comply with a statutory or regulatory obligation or where retroactive amendments are beneficial to Users.

17. Jurisdiction and Applicable Law

17.1 This agreement is governed by Italian law, including as provided by Article 3 of the Rome Convention of 19 June 1980 on the law applicable to contractual obligations. For any dispute arising from and/or otherwise connected with it, the Supplier expressly acknowledges and accepts the exclusive and mandatory jurisdiction of the Court of Trento.

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It is specified that, pursuant to Article 1341 of the Italian Civil Code, the following articles require specific approval: Art. 3.3, 3.8 (Supplier Membership of the Platform); Art. 4.5, 4.6, 4.8 (Use of the Platform); Art. 5.1, 5.3 (Supplier Obligations); Art. 6.3, 6.4, 6.5, 6.6, 6.8, 6.10 (Manager Obligations); Art. 7.2, 7.6, 7.7, 7.8 (Content Published on the Platform); Art. 8.2, 8.6 (Fees and Payments); Art. 9.1, 9.2, 9.3, 9.4, 9.5 (Limitations of Platform Liability); Art. 10.1 (Restriction, Suspension and Termination); Art. 11.2, 11.3 (Term and Withdrawal); Art. 15.1, 15.2 (Assignment of Contract); Art. 16.1, 16.3 (Amendments to the Terms); Art. 17.1 (Jurisdiction and Applicable Law).