This document sets out the general terms and conditions of use of the website amd120.com, which provides an online showcase of the accommodation facility and an online and e-mail booking platform.
Definitions
To allow a full understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meaning set out below:
- Owner: Hotel D 120 S.r.l., with registered office at Via Torino, 26, 20017, Rho (MI), VAT No. / Tax Code IT14569990964, REA MI 2792624, fully paid-up share capital €10,000, CIN IT012108A19PNSGMKA, certified e-mail address (PEC) hoteld120srl@pec.it
- Application: the website amd120.com
- User: any party who accesses and uses the Application
- Conditions: this contract governing the relationship between the Owner and the Users.
Scope of the Conditions
Use of the Application entails acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and/or any other note, legal notice or policy published or referred to herein, they may not use the Application or its services.
The Conditions may be amended at any time. Any amendments will take effect from the moment they are published on the Application.
Before using the Application, the User must carefully read the Conditions and save or print them for future reference.
The Owner reserves the right to change, at its own discretion and at any time, the graphic interface of the Application, the Contents and their organisation, as well as any other aspect characterising the functionality and management of the Application, providing the User with the relevant instructions where necessary.
Industrial and Intellectual Property Rights
All the contents of the Application, including texts, documents, trademarks, logos, images, graphics, their arrangement and their adaptations, are protected by copyright law and by trademark protection law. The Application may also contain images, documents, logos and trademarks of third parties who have expressly authorised the Owner to publish them in the Application. Except for strictly personal uses, it is not permitted to copy, alter, distribute, publish or use the Contents without the specific authorisation of the Owner.
Exclusion of warranty
The Application is provided “as is” and “as available” and the Owner provides no express or implied warranty in relation to the Application, nor any warranty that the Application will meet the Users’ needs, or that it will never be interrupted or free of errors, or that it will be free of viruses or bugs.
The Owner will endeavour to ensure that the Application is available continuously 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of a system failure, maintenance, repairs or for reasons entirely beyond the Owner’s control or due to events of force majeure.
Limitation of Liability
The Owner cannot be held liable towards the User, except in cases of wilful misconduct or gross negligence, for disruptions or malfunctions related to the use of the Internet that are beyond its own control or that of its suppliers.
The Owner will also not be liable for damages, losses and costs incurred by the User as a result of the non-performance of the contract for reasons not attributable to the Owner.
The Owner assumes no liability for any fraudulent and unlawful use that may be made by third parties of credit cards and other means of payment,
The Owner will not be liable for:
- any loss of business opportunity and any other loss, including indirect loss, that the User may suffer that is not a direct consequence of the Owner’s breach of contract
- incorrect or improper use of the Application by Users or third parties
In no case may the Owner be held liable for an amount exceeding twice the cost paid by the User.
Force majeure
The Owner cannot be held responsible for the failure to perform or the delayed performance of its obligations due to circumstances beyond the Owner’s reasonable control caused by events of force majeure or, in any case, by unforeseen and unforeseeable events that are beyond its control.
The performance of the Owner’s obligations shall be deemed suspended for the period during which events of force majeure occur.
The Owner will take any action within its power to identify solutions that allow the proper performance of its obligations despite the persistence of events of force majeure.
Links to third-party sites
The Application may contain links to third-party sites/applications. The Owner exercises no control over them and is therefore in no way responsible for the contents of these sites/applications.
Some of these links may redirect to third-party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the use of the service drawn up by the third parties will apply to the individual services, for which the Owner assumes no responsibility.
Privacy
The protection and processing of personal data will be carried out in accordance with the Privacy Policy, which can be consulted at the page /privacy-cookie-policy
Applicable law and competent court
The Conditions are subject to Italian law.
For Professional users, for any dispute relating to the application, performance and interpretation of these Conditions, the court of the place where the Owner has its registered office shall have jurisdiction.
For Consumer Users, any dispute relating to the application, performance and interpretation of these Conditions shall be referred to the court of the place where the Consumer User resides or has elected domicile, if located within the territory of the Italian State, without prejudice to the Consumer User’s right to bring the matter before a court other than that of the “consumer’s court” pursuant to art. 66 bis of the Consumer Code, having territorial jurisdiction according to one of the criteria set out in arts. 18, 19 and 20 of the Code of Civil Procedure.
Without prejudice to the application, to Consumer Users who do not have their habitual residence in Italy, of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products in the event of exercising such right, the methods and formalities for communicating it and the legal guarantee of conformity.
Online dispute resolution for Consumer Users
Consumer Users residing in Europe should be aware that the European Commission has set up an online platform providing an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve out of court any dispute relating to and/or arising from contracts for the sale of goods and the provision of services concluded online. Consequently, the Consumer User may use this platform to resolve any dispute arising from a contract concluded online. The platform is available at the following address: ec.europa.eu/consumers/odr/