Terms and conditions

Section A: Terms Common to All Services

1. Definitions

For the purposes of applying these General Terms and Conditions, the expressions set out below, conventionally indicated with a capital letter and in bold (whether singular or plural), shall have the following meanings:

User Account: an account created by the User on the Platform through which the User may book the Services offered by Suppliers;

Supplier Account: an account created by the Supplier on the Platform through which the Supplier may offer its Services to Users;

Consumer: pursuant to Article 18(1)(a) of Legislative Decree no. 206/2005 (Consumer Code), any natural person who, in commercial practices between professionals and consumers, acts for purposes outside his or her trade, business, craft or professional activity;

Supplier: an operator marketing its Services on the Platform;

Manager: Animal Amo s.r.l., which makes the Platform available to Users and Suppliers and manages it;

No Show: failure by the User to appear at the booked Supplier without prior cancellation made in accordance with the applicable cancellation terms;

Overbooking: the situation that occurs when the Supplier accepts more Bookings than the available capacity and is consequently unable to provide the booked Services to the User;

Booking: the User’s acceptance of the offer relating to the Service published by the Supplier through the Platform, regardless of whether payment is made at the time of booking or subsequently;

Platform: the marketplace portal hosted at www.animalamo.it and the Animal Amo App, made available by the Manager, on which Suppliers publish and promote their Services to Users;

Professional: pursuant to Article 18(1)(b) of Legislative Decree no. 206/2005 (Consumer Code), any natural or legal person who, in commercial practices between professionals and consumers, acts within the framework of his or her trade, business, craft or professional activity and anyone acting in the name of or on behalf of a professional;

Advance Payment: a payment made by the User before using the Service;

Service: a product or service created by the Supplier and published on the Platform;

Accommodation Facility: the provision of an accommodation service by a Supplier;

User: any natural or legal person accessing the Platform.

2. Scope of Application

2.1 Contracts for the purchase of Services between User and Supplier concluded through the Platform are governed by these General Terms and Conditions (including both the Terms common to all Services and the Specific Terms for the individual Service) and by any additional Specific Terms provided during the booking process.

2.2 The structure of these General Terms and Conditions is as follows:

• Section A: Terms common to all Services;
• Section B: Specific Terms for the “Accommodation Facility” Service.

2.3 In the event of any inconsistency between the Common Terms and the Specific Terms within these General Terms and Conditions, the Specific Terms shall apply.

2.4 The Italian-language version of the General Terms and Conditions is the original. In the event of any inconsistency between different language versions of the General Terms and Conditions, the Italian-language General Terms and Conditions shall prevail.

2.5 In the event of a conflict between the General Terms and Conditions (common and specific) and the Specific Terms provided during the booking process, the Specific Terms provided during the booking process shall apply.

2.6 In any event, where the Supplier is a Professional and the User is a Consumer, consumer-protection provisions deriving from European Union law shall also apply to the contracts. Such provisions shall not apply where the Supplier does not qualify as a Professional and/or the User does not qualify as a Consumer. For this purpose, during the booking process the consumer User shall be informed whether or not the Supplier qualifies as a Professional.

3. Information about the Platform

3.1 The Manager exclusively manages the Platform and remains entirely outside the relationship between User and Supplier. Accordingly, the Manager assumes no pre-contractual or contractual liability connected with the purchase and subsequent provision of the Services (e.g. failure to conclude the contract, Supplier default, Overbooking, No Show).

3.2 The Supplier is solely responsible for the Service.

3.3 The information published on the Platform is provided independently by Suppliers, who are solely responsible to Users for the correctness, completeness, truthfulness and updating of such information, including:

a) its content, nature, accuracy and completeness, truthfulness, updating and compliance with the law, including information concerning room/accommodation availability and related prices, as well as the quality of the service offered;

b) the legitimacy of, or right to use, any materials and/or files that the accommodation facility itself decides to upload or link to, whether or not by means of hyperlinks and/or any hyperlinks to third-party websites;

c) compliance with any legal obligations connected with the conduct of its activity or the relationship and conclusion of the online contract between User and Supplier.

3.4 The Manager does not carry out, cannot carry out and does not guarantee any verification of the information and materials published by Suppliers and therefore does not in any way act as guarantor or assume liability for any damage or loss suffered by the User connected with or dependent on the circumstances referred to in section 3.3 above.

3.5 The Platform does not constitute a recommendation or endorsement of the Supplier’s products, services, facilities, vehicles, etc.

3.6 To make a Booking, the User must create a User Account. The User is responsible for the correctness and updating of all information concerning him or her contained in the User Account (including contact and payment details). The User is also responsible for all transactions carried out through the User Account and must therefore keep the relevant username and password confidential and secret.

3.7 Unless otherwise indicated, to use the Platform the User must be of legal age and have full legal capacity to act and to validly enter into contracts.

3.8 The order in which Services searched through the Platform are presented follows the criteria indicated in the search carried out directly by the User when querying the system, on the basis of the following parameters: location, dates, number of guests, pets, type of service and price range.

4. Prices

4.1 By making a Booking, the User agrees to pay the cost of the Service, including any applicable additional costs and taxes.

4.2 Obvious errors and typographical mistakes are not binding. If a Booking is made on the basis of an obviously incorrect price (for example, an overnight stay mistakenly offered for EUR 1), it may be cancelled, with reimbursement to the User of any amount already paid.

5. Payments and Confirmatory Deposit

5.1 The Platform uses the external payment management service “Stripe”, which directly transfers to the Supplier any amounts paid electronically by Users. The Platform and the Manager therefore remain outside any financial transaction. The terms of use of the aforementioned service may be consulted at the following address: ...

5.2 The Supplier may require, as security for the booking of its facility, payment by the User of a sum of money by way of a confirmatory deposit pursuant to Article 1385 of the Italian Civil Code.

5.3 Such deposit represents a percentage of the total booked Service, calculated on the basis of the percentage communicated by the Supplier to the User during the booking procedure. At the same time, the Supplier informs the User of the methods and time limits for payment of the deposit.

5.4 Any conditions governing payment of the deposit are established exclusively by the Supplier; the Manager cannot influence them and is not responsible for them.

5.5 If, after a confirmatory deposit has been paid, the User is in default, the Supplier may withdraw from the contract and retain the deposit paid; if the Supplier is in default, the User may withdraw from the contract and demand twice the amount paid pursuant to this article.

5.6 By choosing to pay the deposit by credit card or debit card and providing the relevant details during the booking process, the User authorizes the Supplier to retain the amount established as a confirmatory deposit by charging that amount to the User’s credit card. It is understood that, if the charge is declined, the Supplier shall be free to release itself from the booking without incurring any liability. The Manager is entirely outside this transaction and therefore has no liability in relation thereto.

5.10 In the case of a booking for which payment of a deposit by electronic means is required (such as bank transfer and credit card), User and Supplier undertake to comply with the conditions set out in this article.

5.11 This article is without prejudice to the Supplier’s right to collect any cancellation or no-show penalties established pursuant to Article 7.

6. Method of Concluding the Purchase of the Service

6.1 The User enters directly into a contract with the Supplier concerning the Booking and provision of the Service, as well as any additional obligations to give or to do that the Supplier undertakes to perform in favor of the User, in consideration of payment by the User of a monetary amount.

6.2 The above contract is concluded when the Booking of the Service sent by the User through the Platform comes to the Supplier’s knowledge. The Booking is deemed to have come to the Supplier’s knowledge when it becomes accessible to the Supplier through its Supplier Account.

6.3 Upon conclusion of the contract, the Supplier is directly bound toward the User to provide the booked Service and the User is bound toward the Supplier in accordance with the terms set out in the Purchase Confirmation.

6.4 The Booking is followed by the Purchase Confirmation, which summarizes information concerning the essential characteristics of the booked Service, the price, cancellation and/or payment conditions, and any guarantees.

7. Booking Terms

7.1 By making the Booking, the User accepts the General Terms and Conditions and the Specific Terms provided during the booking process.

7.2 A User making a Booking also for other persons is responsible for obtaining their consent before providing their personal data to the Platform and the Supplier.

7.3 Where the User books a Service requiring an advance payment (including all components of the price and/or a security deposit, where applicable), the Supplier may cancel the Booking without notice if it is unable to collect the balance on the specified date. In the event of cancellation, any non-refundable payments made by the User shall be returned only at the Supplier’s discretion. It is the User’s responsibility to ensure that payment is made within the agreed time limits, by checking the correctness of payment details provided and the availability of sufficient funds in the account.

7.4 In the event of cancellation of the Booking or failure by the User to appear, the cancellation/no-show penalty and any refund shall depend on the Specific Terms applicable to the individual Service and the additional Specific Terms provided during the booking process. Some Bookings cannot be cancelled free of charge, while others may be cancelled free of charge only within a specified time limit.

7.5 It is the User’s responsibility to ensure punctuality with respect to the date and day indicated in the Booking. Otherwise, the Manager is not responsible for any associated costs (e.g. Booking cancellation penalties or any costs charged by the service Supplier).

8. Privacy and Cookies

8.1 A User using the Platform is invited to review the relevant Privacy and Cookie Policy in order to receive information on the processing of personal data connected with use of the Platform.

9. Intellectual Property Rights

9.1 Unless otherwise indicated, all intellectual property rights relating to the Platform (technology, content, trademarks, graphic appearance, etc.) are owned by the Manager (or its licensors).

9.2 The User is not permitted to monitor, copy, extract/collect, download, reproduce or otherwise use elements of the Platform for commercial purposes without the written authorization of the Manager or its licensors.

9.3 By publishing reviews, images or other content on the Platform, the User confirms that they:

• are truthful;
• do not promote violence, discriminatory language or hatred against a person or groups of persons, nor express harassment, bullying or threats toward others (or incite others to engage in such activities);
• do not promote, facilitate or encourage any type of violence toward others, nor contain obscene, offensive content or content unsuitable for all audiences;
• do not offer, sell, advertise or facilitate the sale of goods and services subject to regulation or restrictions;
• are not related to terrorism or otherwise prohibited by law;
• do not infringe third-party rights;
• do not contain viruses or other content that could damage the Platform.

9.4 Users authorize the Manager to use reviews, images and other content published on the Platform for performance of the services connected with the Platform and for other commercial purposes (including marketing and advertising), on any multimedia medium, worldwide, unless the User requests that such use cease.

9.5 The User acknowledges that the Manager is not responsible for reviews, images and other content published by the User on the Platform and accepts:

• full responsibility for any legal disputes against the Manager connected with reviews, images or other content published by the User on the Platform;
• the Manager’s right, at its discretion, to remove any image, review or other content published by the User.

10. Management of Problems Connected with Use of the Platform

10.1 In the event of questions or complaints, the User may contact the Manager’s Customer Service by opening a ticket through the relevant function on the Platform, by email at animalamo24@gmail.com, or by certified electronic mail (PEC) at animalamo24@pec.it.

10.2 All User questions and complaints are recorded.

10.3 If the User resides in the European Economic Area and is not satisfied with the handling of a complaint, the User may use the European Commission’s ODR (Online Dispute Resolution) platform (ec.europa.eu/odr).

10.4 The User may also bring legal proceedings before a competent court in accordance with the indications provided in the section “Applicable Law and Jurisdiction”.

10.5 The Chat available on the Platform is exclusively a tool for requesting general information about the Platform and does not constitute a channel for direct communication with the Manager or a means of submitting complaints or content notifications.

11. Content Notifications and Moderation

11.1 The User acknowledges that the Manager has no general obligation to monitor Content provided and stored on behalf of Users or actively to investigate facts or circumstances indicating illegal activity or incompatibility of content with third-party rights and these General Terms and Conditions. However, the Manager reserves the right to conduct voluntary investigations on its own initiative to detect, identify and remove or disable access to illegal or incompatible content and to take all necessary measures in accordance with these General Terms and Conditions.

11.2 The User agrees to cooperate with and assist the Manager in good faith and to provide the Manager with such information and take such actions as may reasonably be requested in connection with any investigation carried out by the Manager concerning content, the Platform, or the use or misuse of the Platform.

11.3 The Manager provides Users and third parties, including trusted flaggers designated pursuant to Article 22 of Regulation (EU) 2022/2065 (“Flaggers”), with means to notify the Manager of allegedly illegal content (including copyright infringements) on the Platform by using the electronic notification form (“Content Notification”).

11.4 Upon receiving a notification pursuant to the preceding paragraph, the Manager shall:

• send an email confirming receipt;
• carefully examine the notification, all submitted information and any other data relevant to the investigation;
• at the conclusion of the assessment, send an email communicating the decision on the notification and indicating the options available to the User;
• where the notification does not contain sufficient information to clearly assess whether the content is illegal, the Manager may request additional information. Otherwise, the notification shall not be accepted.

11.5 In investigations carried out on its own initiative and in reviewing content notifications, the Manager follows various procedures and uses different tools to identify, examine and moderate content. This may include manual and automated checks, or a combination of both. If automated means have been used to examine content and the Manager has subsequently taken action in relation to such content, the Manager shall inform the User who published the content of the use of automated means, insofar as the legitimate interests of the Manager and its Users do not preclude such communication.

12. Measures against Unacceptable Conduct

12.1 Where the User (i) breaches these General Terms and Conditions, (ii) infringes applicable laws, regulations or third-party rights, or (iii) provides illegal content or content incompatible with these General Terms and Conditions, the Manager shall have the right to:

• suspend or restrict the User’s access to or use of the Platform and the User’s Account;
• cancel Bookings already made by the User;
• terminate the User’s use of the Platform, Customer Service and the User Account.

12.2 If a Booking is cancelled pursuant to the preceding paragraph, depending on the circumstances the User may not be entitled to a refund. The Manager may communicate the reasons for cancellation of the Booking unless doing so (a) would breach applicable law and/or (b) would prevent or hinder the detection or prevention of fraud or other illegal activities.

13. Manager Liability

13.1 The User acknowledges and accepts that no liability may be attributed to the Manager:

• for failure to conclude Bookings through the Platform;
• for incorrect Bookings or direct or indirect damage caused by the inability, including temporarily, to use the system due to causes not attributable to the Manager;
• for any direct or indirect damage resulting from abusive use by third parties;
• for non-performance or delayed performance of the contract concluded between the User and the Supplier;
• with regard to information entered or communicated to the Manager by an individual Supplier, which is solely and directly responsible for the correctness, completeness, translation and updating of information available through the Platform, as well as for availability of the Services, prices indicated, quality of the Services and information, including photographs;
• where the above information infringes third-party rights (including, by way of example and without limitation, image rights, copyright, trademarks, etc.).

13.2 In the event of a breach by the User of the General Terms and Conditions or Specific Terms provided during the booking process, no liability may be attributed to the Manager for any costs consequently incurred by the User.

13.3 In any event, the Manager shall not be responsible for:

• losses or damage not reasonably foreseeable at the time of Booking;
• events reasonably beyond its control.

14. Applicable Law and Jurisdiction

14.1 These General Terms and Conditions and the Specific Terms provided during the booking process are governed by Italian law.

14.2 For any disputes arising in relation to the performance and/or interpretation and/or validity of these General Terms and Conditions or the Specific Terms provided during the booking process or, in any event, for any other matter connected with them or with use of the Platform, Italian jurisdiction and Italian law shall apply exclusively.

14.3 Without prejudice to the foregoing, where:

b) the User qualifies as a Tourist-Consumer pursuant to Legislative Decree no. 79/2011 (Tourism Code) and Legislative Decree no. 206/2005 (Consumer Code), the competent court shall be the court of the place where the User has his or her residence or domicile, if located in Italy;

c) the User is not a Tourist-Consumer or, although a Tourist-Consumer, does not have residence or domicile in Italy, the Court of Trento shall have exclusive jurisdiction to resolve any disputes relating to the above Terms.

15. Amendment of the General Terms and Conditions

If these General Terms and Conditions are amended, existing Bookings shall continue to be governed by the General Terms and Conditions in force at the time of Booking.

Section B: Specific Terms for Accommodation Facilities

16. Scope of this Section

16.1 This section contains the specific terms for products and services of Accommodation Facilities, supplementing the general provisions set out in Section A.

17. Order of Presentation of Accommodation Facilities

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

17.2 On the page displaying Suppliers’ offers, general information shall be made accessible concerning the parameters determining the ranking of the offers presented and their relative importance compared with other parameters.

18. Withdrawal and Cancellation of Booking – No Show

18.1 Pursuant to Article 59(1)(n) of Legislative Decree no. 206/2005 (Consumer Code), the right of withdrawal provided for by that Code does not apply to contracts for the provision of accommodation services.

18.2 With regard to cancellation of the booking by the User, these General Terms and Conditions of Sale and the Supplier’s specific terms of sale shall apply.

18.3 A User wishing to cancel a booking must notify the Supplier in writing (using the methods specified in the Purchase Confirmation).

18.4 If cancellation occurs within the agreed time limits indicated in the Supplier’s Specific Terms, the User is entitled to reimbursement of any confirmatory deposit paid at the time of booking, net of expenses incurred by the Supplier and duly documented.

18.5 Reimbursement shall be made within 30 days from cancellation if the amount of the confirmatory deposit has already been credited to the Supplier or, otherwise, within 30 days from the date on which it is actually received by the Supplier.

18.6 If cancellation occurs after the established deadline, is not made at all, or the User fails to appear at the facility (so-called No Show), the Supplier may apply the following penalties:

• in the case of a confirmatory deposit, the Supplier may retain the entire amount paid;
• where the User has provided credit-card details as a form of booking guarantee, the Supplier may charge to the card the amount provided for as a penalty. In such case, the Supplier must first notify the User by email of its intention to charge the amount due as a penalty.

18.7 Failure by the User to appear at the booked facility by 6:00 p.m. on the agreed date shall be deemed a No Show unless otherwise agreed.

18.8 Any change by the User to the duration of an already booked stay and/or reduction in the number of reserved accommodations must be agreed directly with the Supplier, without prejudice to the Supplier’s right to invoke the provisions of this article where applicable.

19. Substitute Accommodation: Fortuitous Event or Force Majeure – Overbooking

19.1 Upon submission of the Booking, the Supplier is directly bound toward the User and may not withdraw from or cancel the booking, even partially, being required to provide the booked service, unless performance has become impossible due to a fortuitous event or force majeure, or in cases of User default provided for in express termination clauses.

19.2 Where the Supplier’s performance becomes impossible due to a fortuitous event or force majeure, the contract with the User is terminated and the Supplier is required simply to return any amount received from the User as confirmation of the booking.

19.3 However, always subject to the User’s consent, the Supplier may make available alternative accommodation in place of that booked and no longer available, provided that the alternative has equivalent or superior characteristics.

19.4 Conversely, where the booked service is unavailable due to Overbooking or any other reason attributable to the Supplier (for example, overriding management reasons), the Supplier is required to offer the customer substitute accommodation of an equivalent or higher price than that booked, within the same facility or, where appropriate, at another facility located in the same Municipality.

19.5 Any additional costs for substitute accommodation shall be borne entirely by the Supplier.

19.6 However, in the situation referred to in section 19.4, if the User refuses the substitute accommodation or the Supplier is unable or unwilling to find alternative accommodation, the User shall be entitled to reimbursement of twice the confirmatory deposit, if any, paid at the time of booking.

20. User Rights

20.1 From the start of the stay, the User acquires the right to use the rented units, the related furnishings and the facilities that are normally available to guests without particular conditions.

21. User Obligations

21.1 At the time of booking, the User must enter truthful data, with specific reference to the age and number of persons and animals for whom the booking is made.

21.2 From the time of booking, for any request and/or amendment the User is required to contact the Supplier directly using the details shown at the bottom of the Purchase Confirmation.

21.3 Partial changes to the booking must be requested exclusively in writing from the booked Supplier which, subject to its organizational requirements, may confirm or reject the request or agree with the User on amendments to the terms originally agreed, on such terms and in such manner as it deems appropriate. In particular, section 22.2 shall apply.

21.4 The User is responsible for any fact or act directly or indirectly attributable to the User (because caused by persons under the User’s responsibility) from which damage to the Supplier or third parties results.

22. Supplier Rights

22.1 If, at check-in, the number of adults and children and their respective ages differ from those declared by the User at the time of booking, the Supplier may replace the assigned accommodation with more suitable accommodation, if available, request an additional payment on top of the originally agreed amount, or cancel the booking due to the User’s fault and at the User’s expense, retaining any deposit paid.

22.2 The Supplier may remove the User from the Accommodation Facility where the User:

a) uses the premises in a manner prejudicial to the property or makes coexistence with other guests intolerable by behaving inconsiderately, scandalously or otherwise recklessly, or engages in conduct constituting a criminal offence toward the Supplier, staff and/or persons present at the Accommodation Facility;

b) suffers from a contagious disease or a disease whose course exceeds the agreed period of stay, or where special care becomes necessary;

c) fails to pay the amounts requested and due within the agreed time limits.

23. Supplier Obligations

23.1 The Supplier is required to provide the agreed service in accordance with quality standards appropriate to the type of service booked and the classification of the chosen Accommodation Facility.

24. Reviews and Ratings

24.1 The system provides for reviews through publication of ratings and comments by persons who have stayed at an Accommodation Facility.

24.2 At the end of the holiday, the User is automatically sent a message inviting the User to provide an assessment of the stay and services in general, both by assigning a score through completion of predefined fields and by expressing a personal comment on the stay.

24.3 The Platform also displays the average scores given by Users (Rating) who have stayed at the same facility.

24.4 Publication of the assessment (score and any comment) takes place automatically; the Manager does not process, interpret or amend the comment expressed by the User.

24.5 The Manager does not verify the truthfulness of the facts referred to in any comment or the facts from which the score assigned by the User to the Supplier originates.

24.6 Conversely, the User assumes full responsibility, for any reason whatsoever, associated with the content of such comments, undertaking to indemnify and hold harmless the Manager from any claim or demand in this regard (including any related legal fees) made by any person.

24.7 The Manager invites the User to express opinions within the limits of common sense and civility and without using unlawful expressions, i.e. expressions contrary to law, public order or public decency.

24.8 The Supplier may reply to an assessment received. In any event, comments challenged as unlawful shall, if found to be such, be promptly removed from the Platform by the Manager.

The following clauses are identified as requiring specific and separate written approval by the User at the time of Booking pursuant to Article 1341 of the Italian Civil Code:

3. Information about the Platform

4. Prices

5. Payments and Confirmatory Deposit

7. Booking Terms

9. Intellectual Property Rights

11. Content Notifications and Moderation

12. Measures against Unacceptable Conduct

13. Manager Liability

14. Applicable Law and Jurisdiction

18. Withdrawal and Cancellation of Booking – No Show

19. Substitute Accommodation: Fortuitous Event or Force Majeure – Overbooking

21. User Obligations

22. Supplier Rights

24. Reviews and Ratings