These conditions summarise the contractual terms and conditions applied to Artizans and Tourists duly registered on the “TOURIZAN” platform, including the rights of the user, any limitations and restrictions, even of a procedural nature, as well as the jurisdiction applicable to the contract and the exclusive venue for disputes that may arise from its interpretation, performance and termination.
In particular, Artizans, before subscribing to “TOURIZAN”, are obliged to obtain any authorisation, licence, concession or other administrative permit required for exercising the activity offered via the “TOURIZAN” platform.
The Artizans declare that they are in possession of every authorisation, licence, concession or other administrative permit required for exercising the activity offered via the “TOURIZAN” platform.
The “TOURIZAN” platform shall be in no way liable for the absence or revocation of the authorisations, licences, concessions or other administrative permits required for exercising the activities offered by the Artizans via the “TOURIZAN” platform.
The user signing up to the “TOURIZAN” platform, whether Artizan or Tourist (jointly referred to also as “Users”) stipulates the relative contract with BELEZA S.R.L., a company governed by Italian law, legally established and with registered office in Bergamo (BG), Italy, Galleria Santa Marta no. 1, Tax Code and VAT no. 04071540167 , registered in the Companies Register of Bergamo at no. 04071540167, hereinafter for the sake of brevity referred to also as “TOURIZAN” or “the Platform” or “the “Site”.
TOURIZAN provides an online platform that connects owners of accommodation facilities, B&B facilities, hotels, guest houses or properties for residential use (referred to as “Accommodation facility”), operators of recreational, sporting, cultural or leisure activities (referred to as “Experiences”), in possession of the necessary authorisations, licences, concessions or other administrative permits required for exercising the activities offer by the Platform (referred to as “Artizans”) with guests searching for accommodation facilities or experiences (referred to as "Tourists") by accessing and duly registering on the website http://www.tourizan.com and any other websites through which TOURIZAN makes the Accommodation facility and Experiences available (collectively, the "Services") or as applications for mobile devices (the "Application"). By using the Site or Application, you agree to comply with and be legally bound by the terms and conditions shown below (the “Terms and Conditions”) whether or not you become a registered user of the Services. These Terms and conditions govern your access to and use of the Site, Application and Services.
Before completing registration to TOURIZAN, users must give consent to the processing of their personal data.
Failure to accept these Terms and Conditions will result in them being denied access to TOURIZAN.
Failure to use the Site, Application or Services in accordance with these Terms and Conditions may subject you to civil and criminal penalties.
The Site, Application and Services comprise an online platform through which the Artizans may create listings for Accommodation facilities and Experiences and the Tourists may learn about and book Accommodation facilities and Experiences directly with the Artizans.
TOURIZAN is not a party to any agreements entered into between Artizans and Tourists, nor is TOURIZAN a real estate broker, agent or insurer. TOURIZAN has no control over the conduct of Artizans, Tourists and other occasional visitors of the Site, Application and Services or any Accommodation facilities and Experiences, exempting TOURIZAN from any liability in this regard, except in the event of its own wilful misconduct or gross negligence.
1) Key Terms
The terms have the same meaning whether used in the plural or singular form.
"TOURIZAN Content" means all Content that TOURIZAN makes available through the Site, Application, or Services, including any Content licensed from a third party.
"Booking Request Period" means the time period starting from the time when a booking is requested by a Tourist (as determined by TOURIZAN at its sole discretion) within which an Artizan may decide whether to confirm or reject that booking request, as stated on the Site, Application or Services. Several Booking Request Periods may apply for Accommodation facilities and Experiences.
"Tourist" means a user who requests from an Artizan a booking of an Accommodation facility or an Experience via the Site, Application or Services.
"Artizan" means a user who creates a Listing via the Site, Application and Services.
"Listing" means an Accommodation facility that is listed as available for rental or an Experience available for taking part in by a Tourist via the Site, Application, and Services.
"User" means a person who completes TOURIZAN’S account registration process, including but not limited to Artizans and Tourists, as described under "Account Registration" below. If the user accepts or consents to abide by these Terms and Conditions on behalf of a company or other legal entity, he/she declares and guarantees that he/she has the authority to guarantee that such company or other legal entity abides by these Terms and Conditions and, in this case, the definition “User” shall refer and apply to the company or other legal entity represented by the natural person who registered the account.
"Users Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in his/her Listing or Member profile to be made available through the Site, Application or Services.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes, transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees that the Artizan may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national or other withholding and personal or corporate income taxes.
Certain areas of the Site and Application may have different terms and conditions posted or may require him/her to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application and Services.
TOURIZAN reserves the right, at its sole discretion, to modify the Site, Application or Services that is to modify these Terms and Conditions, including the Service Fees, at any time and without prior notice. If we modify these Terms and Conditions, we will either post the modification on the Site or via the Application or otherwise provide the Users with notice of the modification in another way that guarantees its recognition. If the User deems these modifications to be unacceptable, he/she may cease using the Site, Application and Services, requesting cancellation of the account or deactivation of a particular Service or Content.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services the user represents and warrants that he/she is 18 or older.
4) How the Site, Application and Services work
The Site, Application and Services can be used to facilitate the listing publication and booking of Accommodation facilities and Experiences, that is, the Services. Such Services are included in Listings on the Site, Application and Services by the Artizans. The user may view Listings as an unregistered visitor to the Site, Application and Services; however, if he/she wishes to book a Service or create a Listing, he/she must firstly register to create a TOURIZAN Account as defined in these Terms and Conditions.
TOURIZAN makes an online virtual platform available with related technology for Artizans and Tourists to meet online and arrange for bookings of Services directly with each other. TOURIZAN is not an owner or operator of Services and does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control the Services. TOURIZAN’s responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) enabling booking of the Services and (iii) allowing payment of the Services by the Tourist to the Artizan.
TOURIZAN cannot and does not control the Content contained in any Listings and the condition, legality or suitability of any Accommodation facilities or Experience and TOURIZAN cannot be held liable for any breach or failure to observe these Terms and Conditions by Artizans or Tourists while utilizing the Accommodation facilities and Experiences, except in the event of TOURIZAN’s own wilful misconduct or gross negligence.
5) Account Registration
In order to access certain features of the Site and Application, and to book a Service or create a Listing, the User must register to create an account ("TOURIZAN Account"). The User may register to join the Services directly via the Site or Application or as described in this section.
The User can also register to join by logging into his/her account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook); each such account is called a "Third-Party Account” via our Site or Application, as described below. As an integral part of the functionality of the Site, Application and Services, the User may link his/her TOURIZAN Account with Third-Party Accounts, by either: (i) providing his/her Third-Party Account login information to TOURIZAN through the Site, Services or Application; or (ii) allowing TOURIZAN to access his/her Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. The User represents that he/she is entitled to disclose his/her Third-Party Account login information to TOURIZAN and/or grant TOURIZAN access to his/her Third-Party Account, without violating any of the terms and conditions that discipline use of the applicable Third-Party Account and without obligating TOURIZAN to pay any fees or make the Platform subject to any usage limitations imposed by such third-party service providers. By granting TOURIZAN access to any Third-Party Accounts, the User understands that TOURIZAN will access, make available and store (if applicable) any Content that he/she has provided to and stored in his/her Third-Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via his/her TOURIZAN Account.
Depending on the Third-Party Accounts the User chooses and subject to the privacy settings that he/she has set in such Third-Party Accounts, personally identifiable information that he/she posts to his/her Third-Party Accounts will be available on and through his/her TOURIZAN Account on the Site, Services and Application.
The User agrees that if a Third-Party Account or associated service becomes unavailable or TOURIZAN's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. He/she has the ability to disable the connection between his/her TOURIZAN Account and his/her Third-Party Accounts, at any time, by accessing the "Settings" section of the Site and Application. The relationship with the third-party service providers associated with the third-party accounts is governed solely by agreement(s) of the User with such third-party service providers.
His/her TOURIZAN Account and his/her TOURIZAN Account profile page will be created for the User’s use of the Site and Application based upon the personal information provided to TOURIZAN or that is obtained via an SNS as described above.
The User may not have more than one (1) active TOURIZAN Account as an Artizan and no more than one active (1) TOURIZAN Account as a Tourist.
The User is obliged to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
TOURIZAN reserves the right to suspend or terminate the TOURIZAN Account and the access to the Site, Application and Services if the User creates more than one (1) TOURIZAN Account for each category, Artizan or Tourist, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete.
The User is responsible for safeguarding his/her password accessing his/her TOURIZAN Account.
The User will immediately inform TOURIZAN of any unauthorized use of his/her TOURIZAN Account.
6) Service Listings
As an Artizan, the User may create Listings. To create a Listing, he/she will be asked a series of questions about the Accommodation facility or Experience to be listed, including, but not limited to, the location, capacity, size, features, and availability and pricing and related rules and financial terms. In order to be added among the Listings via the Site, Application and Services, all Accommodation facilities and Experiences must have a valid physical address.
The Listings will be made publically available via the Site, Application and Services. Tourists will be able to book the Services via the Site and Application based on the information provided in the Listings.
When a Tourist requests to book a Service, the Artizan cannot ask the Tourist to pay a price or amount of any kind greater than that giving in the booking request.
The Artizan acknowledges and agrees that he/she is exclusively responsible for any and all Listings and Contents he/she posts. Accordingly, the Artizan represents and warrants that any Listing he/she posts and the booking of, or a Guest's stay at, an Accommodation facility or enjoyment of an Experience that are subject of a listing published by the Artizan (i) will not breach any agreements the Artizan has entered into with any third parties, including condominium regulations and the rules that govern the same, by law or agreement between private individuals, the enjoyment of common assets, even if under co-ownership, and (ii) will (a) be in compliance with all applicable laws (such as local laws and regulations), Tax requirements, and rules and regulations that may apply to any Accommodation facility or Experience, and (b) not conflict with the rights of third parties.
TOURIZAN does not accept any liability for whatever concerns the Tourist regarding his/her conformity to any agreement or duty to third parties, laws, rules and regulations in force.
TOURIZAN reserves the right, at any time and without prior notice to the User, to remove or disable access to any Listing for any reason, including Listings that TOURIZAN, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms and Conditions or contrary to the policies of TOURIZAN or otherwise harmful to the Site, Application or Services.
TOURIZAN does not act as an insurer or as contracting agent. TOURIZAN is not part of the agreements stipulated between Artizan and Tourist via the Site or Application.
TOURIZAN is concerned with permitting payment of the Service by the Tourist to the Artizan.
When the Artizan creates a Listing, he/she also chooses to include certain requirements which must be met by the Tourist who are eligible to request a booking of the Service, (e.g. particular physical fitness required for the Experience). Any Tourist wishing to book Services included in Listings with such requirements must meet these requirements.
The Artizan acknowledges and accepts that he/she is the only person responsible for his/her acts or omissions, as well as the acts and omissions of any individual who resides at or is otherwise present at the Accommodation facility at his/her request or invitation, with the exclusion of the Tourist.
The Tourist is the only person responsible for actions or omissions that he/she undertakes during enjoyment of the Service.
TOURIZAN recommends that Artizans take out appropriate insurance for their Services.
7) Absence of approval
TOURIZAN does not endorse any User or any Service.
Users are obliged to provide accurate information, and although TOURIZAN may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, it does not make any representations about, confirm, or endorse any User or the User purported identity or background.
Any references in the Site, Application or Services to a User being "verified" or "connected" (or similar language) only indicate that the User has completed a relevant registration process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by TOURIZAN about any User, including of the User’s identity and whether the User is trustworthy, safe or suitable, TOURIZAN therefore recommends that he/she always exercises due diligence and care when deciding whether to make use of a Service.
TOURIZAN is not responsible for any damage arising from the contracts stipulated between Artizan and Tourist for enjoyment of the Services, consequently any action or legal remedy must be directed towards the contractual counterparty of the Service and not towards TOURIZAN.
8) Bookings and Financial Terms
"Service Fees" means the amounts that are due and payable by a Tourist in exchange for enjoyment of the Service. The Artizan alone, and not TOURIZAN, is responsible for establishing the Service Fees for his or her Listing. The Artizan may in his or her sole discretion decide to include in these amounts (i) the fees, or (ii) duties and Taxes.
"Tourist Fees" means the fee that TOURIZAN charges a Tourist for the use of the Services, which is calculated as a percentage of the applicable Service Fees requested by the Artizan from the Tourist. The Tourist Fees will be displayed to the Tourist when the Tourist is asked whether to send a booking request to an Artizan. The price shown in the facility search page is inclusive of TOURIZAN’s fees.
"Artizan Fees" means the fee that TOURIZAN charges an Artizan for the use of the Services, which is calculated as a percentage of the applicable Service Fees requested from the Artizan to the Tourist. The Artizan Fees will be displayed to the Artizan when the Artizan is asked whether to confirm or reject a booking request from a prospective Tourist.
“Recommendation fees” means the fee recognised to an Artizan who recommends a Service offered by another Artizan regularly registered with TOURIZAN.
"Service Fees" means collectively the Tourist Fees and the Artizan Fees and the Recommendation Fees.
"Total Fees" means collectively the Service Price and the Service Fees plus any Taxes.
"Date of Execution of the Service" indicates 12.00 a.m. of the day enjoyment of a Service began; by way of an example, if the Accommodation facility was booked at 12.00 a.m. on 04.07.2016, the Date of Execution of the Service is 12.00 a.m. of 04.07.2016.
Bookings and Financial Terms for the Artizans
If you are an Artizan and a booking is requested for your Service via the Site or Application, you will be required to either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will automatically expire.
If the Artizan is unable to confirm or decides to reject a booking request within the Booking Request Period, any amounts collected by TOURIZAN for the requested booking will be refunded to the Tourist. When the Artizan confirms a booking requested by a Tourist, TOURIZAN will send an email, text message or message via the Application confirming such booking, depending on the selections the Tourist made via the Site, Application and Services.
TOURIZAN will collect the Total Fees at the time of booking confirmation and will initiate payment of the Service Fees (less the Service Fee and any Taxes in respect of the Service Fee) to the Artizan within the Date of Execution of the Service. The time it takes for the Artizan to receive payouts may depend upon the payout method chosen by the Artizan. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Artizan, including by deducting their charges from the payout amount.
In addition to the amount due, if the TOURIZAN account is delinquent or has chargebacks on the account, the User may be charged fees that are incidental to the collection of these delinquent amounts and chargebacks including by the last method of payment used by the User, which, for this purpose, by accepting these Terms and Conditions authorizes TOURIZAN to charge this amount. Such fees or charges may include collection fees, Service prices, or other third party charges. The User hereby explicitly agrees that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to TOURIZAN by him/her.
Each Artizan agrees that payment made by a Tourist through TOURIZAN shall be considered the same as a payment made directly to the Artizan.
Each Artizan agrees that TOURIZAN may, in accordance with the cancellation policy selected by the Artizan and reflected in the relevant Listing, (i) permit the Tourist to cancel the booking and (ii) refund to the Tourist that portion of the Service Price specified in the applicable cancellation policy.
TOURIZAN's obligation to pay the Artizan is expressly conditional upon successful receipt of the associated payments from the Tourist. TOURIZAN does not guarantee payments to Artizans for amounts that have not been successfully received by TOURIZAN from Tourists.
The Artizan acknowledges and agrees that TOURIZAN reserves the right, at its sole discretion, to charge for and collect fees from The Artizan for the creation of Listings.
Bookings and Financial Terms for Tourists
The Artizans, not TOURIZAN, are solely responsible for honouring any confirmed bookings and making available any Service reserved through the Site or Application.
If the Tourist, chooses to enter into a transaction with an Artizan for the booking of a Service, the Tourist agrees and understands that he/she will be required to enter into an agreement with the Artizan and he/she agrees to accept any terms, conditions, rules and restrictions associated with such Service imposed by the Artizan in compliance with these Terms and Conditions.
The Tourist acknowledges and agrees that he/she and not TOURIZAN, will be responsible for performing the obligations of any such agreements, that TOURIZAN is not a party to such agreements, and that, with the exception of its payment obligations hereunder, TOURIZAN disclaims all liability arising from or related to any such agreements.
Upon payment by the Tourist of the Total Fees to TOURIZAN, the payment obligation to the Artizan for the Service Fees is extinguished, and TOURIZAN is responsible for remitting the Service Fees to the Artizan (less the Service Fees and any Taxes in respect of the Artizan Fees, such as VAT). In the event that TOURIZAN does not remit any such amounts as described in these Terms and Conditions, such Artizan will have recourse only against such TOURIZAN entity.
The Total Fees payable will be displayed to a Tourist before the Tourist sends a booking request to an Artizan. As noted above, the Artizan is required to either confirm or reject the booking request within the Booking Request Period; otherwise, the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Artizan), any amounts collected by TOURIZAN will be refunded to such Tourist, depending on the selections the Tourist makes via the Site and Application, and any pre-authorization of such Tourist's credit card will be released.
Each Tourist agrees to pay TOURIZAN for the Total Fees for any booking requested in connection with his/her TOURIZAN Account if such requested bookings are confirmed by Artizan of the Listing. In order to establish a booking pending the applicable Artizan’s confirmation of the requested booking, the Tourist agrees that TOURIZAN, on behalf of the Artizan, reserves the right, at its sole discretion, to (i) obtain a pre-authorization via his/her credit card for the Total Fees or (ii) charge his/her credit card a nominal amount, not to exceed ten Euros (€ 10), or an amount of equal value in the currency in which he/she is transacting, to verify his/her credit card. As a general rule, TOURIZAN will collect the Total Fees due once TOURIZAN receives confirmation of the booking from the Artizan; if necessary, Total Fees may instead be collected at a later point. TOURIZAN is not responsible for any fees that may be charged to a Tourist by his or her bank related to TOURIZAN’s collection of the Total Fees.
In connection with the requested booking, the Tourist will be asked to provide customary billing information such as name, billing address and credit card information.
The Tourist agrees to pay TOURIZAN for any confirmed bookings made in connection with his/her TOURIZAN Account by one of the methods described on the Site or Application, e.g. by PayPal or credit card.
By accepting these Terms and Conditions, the Tourist authorizes the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by TOURIZAN or indirectly via a third-party online payment processor or by one of the payment methods described on the Site or Application. The Tourist also authorizes TOURIZAN to charge his/her credit card for Security Deposits specified in the Listing.
Once the confirmed booking transaction is complete the Tourist will receive a confirmation email summarizing the confirmed booking.
9) Security Deposits
The Artizans may choose to include security deposits in their Listings ("Security Deposits"). Each Listing will describe whether a Security Deposit is required for the applicable Service. If a Security Deposit is included in a Listing for a confirmed booking of a Service, and an Artizan claims such Security Deposit, TOURIZAN will charge the Tourist's payment method in the amount of the Security Deposit. TOURIZAN is not responsible for administering or accepting any claims by Artizans related to Security Deposits, and disclaims any and all liability in this regard.
10) Service Fees
In consideration for the use of TOURIZAN’s online platform, TOURIZAN charges the Service Fees. Where applicable, Taxes (such as VAT in Europe) may also be charged in respect of the Artizan Fees and Tourist Fees and Recommendation Fees. TOURIZAN deducts the Artizan Fees and any Recommendation Fees from the Service Fees before remitting the balance to the Artizan. Tourist Fees are, as noted above, included in the Total Fees.
Balances will be remitted by TOURIZAN to Artizans via bank transfer, cheque, PayPal, direct deposit or other payment methods, as described on the Site or Application, in the Artizan’s currency of choice, depending upon the selections the Artizan makes via the Site or Application. Amounts may be rounded up or down as described the "Rounding Off" section below.
The Users accept that TOURIZAN may impose or deduct foreign currency processing costs on or from any payments or payouts by TOURIZAN in currencies other than Euros. More information on Service Fees will be available via the Site. Except as otherwise provided herein, Service Fees are non-refundable.
11) General Booking and Financial Terms
Cancellations and Refunds
If a Tourist cancels his/her requested booking before the requested booking is confirmed by a Artizan, TOURIZAN will cancel any pre-authorization to his/her credit card and/or refund any nominal amounts charged to his/her credit card in connection with the requested booking within a commercially reasonable time.
If the Tourist wishes to cancel a confirmed booking made via the Site or the Application, either prior to or after his/her enjoyment of the Service, the cancellation policy of the Artizan contained in the applicable Listing will apply to such cancellation. TOURIZAN will reimburse the Price of the Service and other amounts debited according to the cancellation terms applicable to the Service according to the Terms and Conditions established by the Artizan in the Listing. In the event of cancellation by the Tourist, the Tourist Fees will not be refunded.
If an Artizan cancels a confirmed booking made via the Site or Application, TOURIZAN will refund the Total Fees for such booking to the Tourist within a commercially reasonable time of the cancellation.
If the Artizan cancels a confirmed booking, the Artizan accepts that TOURIZAN may apply penalties or other fines to the Artizan or his/her Listing, including (i) publishing an automated review on his/her Listing indicating that a reservation was cancelled by the Artizan, (ii) keeping the calendar for his/her Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a penalty (to be withheld from future payouts to the Artizan) equal to 10% (ten percent) of the Total Price of the Service cancelled.
In certain circumstances, TOURIZAN may decide, at its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site or Application because it is contrary to these Terms and Conditions or to the policies of TOURIZAN. In this case, TOURIZAN shall refund the Total Price less the Service Fees; in this case, whenever the Artizan has received the payment, TOURIZAN has the right to recover from the Artizan the amount of the refund made to the Tourist and the Artizan Fees, including by withholding such amounts from any future payments to the Artizan.
In some instances, the Tourist may be required to make periodic, incremental payments toward the Total Fees owed for a confirmed booking before beginning his or her enjoyment of the Service (collectively, "Periodic Payments").
If Periodic Payments apply to a confirmed booking, then the Tourist authorizes TOURIZAN, on behalf of the Artizan, to collect the Total Fees and the Artizan agrees that TOURIZAN will initiate payouts to the Artizan, in the increments and at the frequency associated with the applicable Periodic Payments, each as identified on the Site, Application and Services.
TOURIZAN may, in its sole discretion, round up or round down amounts that are payable from or to Artizans or Tourists to the nearest whole functional base unit in which the currency is denominated.
Some currencies are denominated in large numbers. In those cases, TOURIZAN may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for TOURIZAN to round up an amount of 1.045 up to 1.050 and 1.044 down to 1.040, or 35.450 up to 35.500 and 35.449 down to 35.400, or 837.500 up to 838.000 and 837.499 down to 837.000.
Payment Processing Errors
TOURIZAN will take steps to rectify any payment processing errors that it becomes aware of.
Some Artizans may pledge to donate a portion of the funds they receive from confirmed bookings made via the Site, Application and Services to a particular cause or charity. TOURIZAN is not liable for such commitment declared and undertaken by the Artizans.
Tax regulations may make it necessary to collect appropriate tax information from Artizans, or to withhold taxes from payouts to Artizans. The Artizan is solely responsible for keeping the information in his/her tax forms current, complete and accurate. If the Artizan fails to provide TOURIZAN with documentation that TOURIZAN determines to be sufficient to alleviate the obligation to withhold taxes from payments due to the Artizan, TOURIZAN reserves the right to freeze all payments due to the Artizan.
The Artizan understands and agrees that he/she is solely responsible for determining (i) his/her applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. The Artizan is also solely responsible for remitting to the relevant authority any Taxes included or received by him/her.
Where applicable, or based upon request from an Artizan, TOURIZAN may issue a valid VAT invoice to such Artizan.
Damage to Services
The Tourist is responsible for leaving the facility, accommodation, vehicle, equipment and any other asset used in enjoyment of the Service in the condition they were when he/she arrived. The Tourist acknowledges and agrees that he/she is responsible for his/her own acts and omissions and he/she is also responsible for the acts and omissions of any individuals who through him/her utilized the Service.
12) Foreign Currency
The Platform facilitates bookings between Users who may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions to accommodate these differing currency preferences. Although the Platform allows users to view the price of Listings in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location.
Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. Currency conversion rates will vary from time to time.
13) User Conduct
The User, whether Artizan or Tourist, understands and agrees that he/she is solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to his/her use of the Site, Application, Services and Content. In connection with his/her use of the Site, Application, Services and Content, the User may not and he/she agrees that he/she will not:
• violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, town-planning restrictions and Tax regulations;
• use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Content;
• use the Site, Application, Services or Content for any commercial or other purposes that are not expressly permitted by these Terms and Conditions;
• copy, store or otherwise access or use any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms and Conditions;
• infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
• interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
• use our Site, Application, Services or Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to the Services;
• "stalk" or harass any other user of our Site, Application, Services or Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a TOURIZAN Artizan or Tourist;
• offer, as an Artizan, any Service that he/she does not own or operate and that he/she does not have permission to operate;
• offer, as an Artizan, any Accommodation facility that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;
• register a TOURIZAN Account on behalf of a person other than him/herself or with a pseudonym or acronym or other name that is not exactly the same as the personal (whether natural person or legal entity) identification certified by a competent public authority in the country of residence or office;
• request or book a stay at any Service if he/she does not actually intend to utilize it him/herself;
• contact an Artizan for any purpose other than asking a question related to a booking or Service featured in the Listing of such Artizan;
• contact a Tourist for any purpose other than asking a question related to a booking by the Tourist via the Site or Application;
• recruit or otherwise solicit any Artizan to join third-party services or websites that are competitive to TOURIZAN;
• impersonate any person or entity, or falsify or otherwise misrepresent him/herself or his/her affiliation with any person or entity;
• use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Content;
• use the Site, Application, Services or Content to find an Artizan or Tourist and then complete a booking of a Service independently of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to TOURIZAN's provision of the Services or for any other reasons;
• as an Artizan, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honour;
• publish, upload, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
• systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
• use, display, mirror or frame the Site, Application, Services or Content, or any individual element within the Site, Application, Services or Content, TOURIZAN's name, any TOURIZAN trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services;
• access, tamper with, or use non-public areas of the Site, Application or Services, TOURIZAN's computer systems, or the technical delivery systems of TOURIZAN's providers;
• attempt to probe, scan, or test the vulnerability of any TOURIZAN system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by TOURIZAN or any of TOURIZAN's providers or any other third party (including another user) to protect the Site, Services, Application or Content;
• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Content to send altered, deceptive or false source-identifying information;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Content; or
• advocate, encourage, or assist any third party in doing any of the foregoing.
• accept or make a payment for Service Fees outside TOURIZAN’s system.
TOURIZAN has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
TOURIZAN may access, preserve and disclose any of User information if it is required to do so by law, or if it believes in good faith that it is reasonably necessary to (i) respond to claims asserted against TOURIZAN or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms and Conditions, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of TOURIZAN, its users, or members of the public.
The User acknowledges that TOURIZAN has no obligation to monitor access to or use of the Site, Application, Services or Content or to review or edit any User Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure the User’s compliance with these Terms and Conditions, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms and Conditions. TOURIZAN reserves the right, at any time and without prior notice, to remove or disable access to any Content that TOURIZAN, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms and Conditions or otherwise harmful to the Site, Application or Services.
The Site, Application, Services, and Content are protected by copyright, trademark, and other laws of Italian and foreign countries. The User acknowledges and agrees that the Site, Application, Services and Content, including all associated intellectual property rights, are the exclusive property of TOURIZAN and its licensors. The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Content.
15) Additional Terms
The Services have different products and offerings, so sometimes additional terms or product requirements may apply to the use of those products.
16) Application License
Subject to the User's compliance with these Terms and Conditions, TOURIZAN grants a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that the User owns or controls and run such copy of the Application solely for the User’s own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), the User will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service.
17) TOURIZAN Content and User Content License
Subject to the User’s compliance with the terms and conditions of these Terms and Conditions, TOURIZAN grants a limited, non-exclusive, non-transferable license, to (i) access and view any TOURIZAN Content solely for personal and non-commercial purposes and (ii) access and view any User Content to which he/she is permitted access, solely for personal and non-commercial purposes. The User has no right to sublicense the license rights granted in this section.
The User will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Content, except as expressly permitted in these Terms and Conditions. No licenses or rights are granted to him/her by implication or otherwise under any intellectual property rights owned or controlled by TOURIZAN or its licensors, except for the licenses and rights expressly granted in these Terms and Conditions.
The Site, Application and Services may contain links to third-party websites or resources. The User acknowledges and agrees that TOURIZAN is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by TOURIZAN of such websites or resources or the content, products, or services available from such websites or resources. The User acknowledges sole responsibility for and assumes all risk arising from his/her use of any such websites or resources or the Content, products or services on or available from such websites or resources.
19) Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of TOURIZAN used herein are trademarks or registered trademarks of TOURIZAN. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
20) Suspension, Termination and TOURIZAN Account Cancellation
TOURIZAN may, at its discretion and without liability towards the User, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel his/her TOURIZAN Account. In this case: (a) the User’s TOURIZAN Account will be deactivated or suspended, his/her password will be disabled, and he/she will not be able to access the Site, Application, Services, his/her TOURIZAN Account, his/her Content, (b) any pending or accepted future bookings as either Artizan or Tourist will be immediately terminated, (c) we may communicate that a potential or confirmed booking has been cancelled, (d) we may refund the counterparty in full for any and all confirmed reservations, irrespective of pre-existing cancellation policies, and (e) the User will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of his/her TOURIZAN Account. The User may cancel his/her TOURIZAN Account at any time via the "Cancel Account" feature of the Services or by sending an email to TOURIZAN. In this case TOURIZAN does not have an obligation to delete or return to the User any Content he/she has posted to the Site, Application and Services, including, but not limited to, any reviews.
The User agrees to release, defend, indemnify, and hold TOURIZAN and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) the access to or use of the Site, Application, Services, or Content or violation of these Terms and Conditions by the User; (b) his/her Content; (c) any of the following actions taken by the User (i) interaction with any User, (ii) booking of a Service, or (iii) creation of a Listing; (d) the use, condition or rental of a Service, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Service;
22) Export Control and Restricted Countries
The User may not use, export, re-export, import, or transfer the Application except as authorized by law.
23) Accessing and Downloading the Application from iTunes
The following applies to any Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"):
• The User acknowledges and agrees that (i) these Terms are concluded between him/her and TOURIZAN only, and not Apple, and (ii) TOURIZAN, not Apple, is solely responsible for the App Store Sourced Application and content thereof. The User’s use of the App Store Sourced Application must comply with the App Store Terms of Services.
• The User acknowledges that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
• In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to him/her and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between TOURIZAN and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of TOURIZAN.
• The User and TOURIZAN acknowledge and agree that Apple is not responsible for addressing any claims the User has or any claims of any third party relating to the App Store Sourced Application or his/her possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• Without limiting any other terms of these Terms and Conditions, the User must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
24) Reporting Misconduct
If the User stays with or host anyone who he/she feels is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) he/she suspects of stealing, or (iii) engages in any other disturbing conduct, the User should immediately report such person to the appropriate authorities and then to TOURIZAN.
25) Entire Agreement
These Terms and Conditions constitute the entire and exclusive understanding and agreement between TOURIZAN and the User regarding the Site, Application, Services, Content, and any bookings or Listings of Service made via the Site, Application and Services, and these Terms and Conditions supersede and replace any and all prior oral or written understandings or agreements between TOURIZAN and the User regarding bookings or listings of Services, the Site, Application, Services, and Content.
The User may not assign or transfer these Terms and Conditions or any rights in his/her favour arising from the same, by operation of law or otherwise, without TOURIZAN's prior written consent. TOURIZAN may assign or transfer rights in its favour envisaged in these Terms and Conditions.
27) Notices and communications
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms and Conditions, will be in writing and given by TOURIZAN (i) via email (in each case to the address that the User provides) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
28) Controlling Law and Jurisdiction
These Terms and Conditions will be interpreted in accordance with the laws of the Italian Republic, without regard to its conflict-of-law provisions.
29) Dispute Resolution
The User and TOURIZAN agree that any dispute, claim or controversy arising out of or relating to these Terms and Conditions or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, "Disputes") will be settled by arbitration, with venue and disciplined by the Rules of the Arbitration Board at the Chamber of Commerce of Bergamo.
The Court of Milan shall have exclusive jurisdiction over disputes not settled by arbitration, without prejudice to the venues expressly provided by the law of the Italian Republic.
The failure of TOURIZAN to enforce any right or provision of these Terms and Conditions will not constitute a waiver of future enforcement of that right or provision.