GENERAL BOOKING TERMS AND CONDITIONS

1. Introduction

The purpose of this document is to regulate the GENERAL TERMS or CONDITIONS OF PROCUREMENT of the Pre-booking and Online Booking services (hereafter, and interchangeably, ‘Pre-booking’ and ‘Online Booking’ services, or ‘services’) of MY HOME FOR YOU, with registered offices in Via Costituzione 8 – 24128 Bergamo (Italy), inscribed in the Register of Bergamo, REA number BG–447139 and Tax ID number IT04239390166, Tel. +390350667696 email info@myhomeforyou.net. The terms “You” and “User” are used here to refer to all individuals and/or entities who for whatever reason access www.myhomeforyou.net or use its services.

The use of these services implies full and unconditional acceptance and validity of each and all the General Terms and/or Conditions – which are deemed to be automatically incorporated into the contract concluded with MY HOME FOR YOU, without the need for your written transcription in the same – included in the latest version of these General Terms and/or Conditions.

2. USE OF THE MY HOME FOR YOU PRE-BOOKING AND ONLINE BOOKING SERVICES

2.1. Pre-booking Services

The online Pre-booking services are for information only, and their sole purpose is to offer the user the possibility of checking the availability of an apartment. THE USER WILL RECEIVE AN EMAIL WITHIN 24 HRS, CONFIRMING IF THEIR BOOKING HAS BEEN PROCESSED, AND WILL CONSEQUENTLY ONLY BECOME BINDING ONCE MY HOME FOR YOU HAS ACCEPTED THE RESERVATION BY MEANS OF EMAIL CONFIRMATION AND SUBSEQUENT PAYMENT BY THE USER. The user must verify the booking confirmation and notify MY HOME FOR YOU of any error immediately in writing.

2.2. Online Booking Services

a) The purpose of the Online Booking services is for the reservation of a MY HOME FOR YOU apartment. THE USE OF THESE SERVICES IMPLIES FULL AND UNCONDITIONAL ACCEPTANCE AND VALIDITY OF EACH AND ALL THE GENERAL TERMS AND/OR CONDITIONS – WHICH ARE DEEMED TO BE AUTOMATICALLY INCORPORATED INTO THE CONTRACT CONCLUDED WITH MY HOME FOR YOU, WITHOUT THE NEED FOR YOUR WRITTEN TRANSCRIPTION IN THE SAME – INCLUDED IN THE LATEST VERSION OF THESE GENERAL TERMS AND/OR CONDITIONS.

b) Procurement procedure: When using the service, the user will receive an email confirmation in which is included the confirmation that their purchase order is in the process of being confirmed. If you are a customer, once the corresponding debit for your reservation has been made, you will receive an email confirming this; this email serves as proof of your booking.

c) Guarantee: The booking is confirmed and guaranteed overnight with a credit card. In the event of a no-show without prior notice, the first night will be charged (including VAT and taxes).

d) Termination of the contract or cancellation of the booking: The credit card is solely a means of guarantee. Cancellation of the booking by the user will not incur any charges for advance cancellation, provided that this is done prior to the specified deadline (Italy local time) on the day of arrival. Once this threshold has passed, MY HOME FOR YOU will make a cancellation charge as compensation, which will amount to the cost of the first night (including VAT and taxes).

This clause does not apply to bookings made with special rates. In this case, the respective specified conditions shall apply.

The arrival times at the apartment is within 21.00 pm

e) CANCELLATION COSTS : No charge will be made to your credit card if cancellation is made more than 7 days prior to the day of arrival at the apartment (Italy local time). If cancellation is made during the 7 days prior to arrival, the total cost of the first night booking will be charged to your credit card. In the event of a client no-show without prior notice, 100% of the total cost of the booking will be charged.

These clauses do not apply to bookings made with special rates. In this case, the respective specified conditions shall apply.

f) MY HOME FOR YOU Policies for children
Policies for children in all our apartments are subject to the facilities of the hotel and are determined by the management, as described in existing contracts.

g) Policy on minors.

Minors under the age of 18 staying at the apartment must be accompanied by their parents, teachers or other duly authorized adults. My Home For You staff may require relevant documentation identifying adults as parents/teachers of authorized persons.

h) Prices per room and night.

Prices are valid only in writing and for the period specified. My Home For you reserves the right to modify these prices without prior notice where there are justifiable reasons.

Prices relating to the booking will be indicated during the booking process. VAT is applicable on these prices without prejudice to local taxes also being applied in accordance with existing Italian and local regulations. These local taxes must be paid directly in the apartment.

i) Prices shown at the time of booking include VAT (or equivalent tax) according to the applicable rate at the time.

In the event that the applicable rate changes between the date of the booking and the date of services being provided, creating a disparity, in accordance with the applicable regulations, the applicable price shall be that which corresponds to the time of delivery of services or to the accrual of the tax, even where this will incur an increase to the final price indicated to the client during the booking process.

2.3. The user undertakes to use the services in accordance with the Law, moral standards, good customs and public order, as well as that which is stipulated in these General Terms and/or Conditions of procurement. Consequently, the user is obliged not to use the services for illicit purposes or effects and/or contrary to what is set out in these General Terms and/or Conditions of procurement, detrimental to the rights and interests of third parties or which could, in any way, damage the services, MY HOME FOR YOU and/or its image.

2.4 MY HOME FOR YOU shall, for increased agility and for the benefit of its users, be able to unilaterally modify at any time and without prior notice the services provided, or the operational or technical Conditions, or the conditions of use of the services. In the same way, the users, in order to improve the service and establish optimum levels of quality – MY HOME FOR YOU’s ultimate objective – can make suggestions for changes that they consider to be useful by contacting those responsible for the page via the following email address: info@myhomeforyou.net

2.5 DAMAGE POLICY

Guest is liable for any damage caused in the apartment by any person during the stay ( whether by the deliberant, negligence or reckless act). My Home For You reserves the rigtht to retain your credit card and/or debit card in such amounts as it shall in its sole discretion deem necessary to compensate or make good the costs of expenses incurred or suffered by My Home For You as result of the afoiresaid. Should this damage come to light after the guest has departed, we reserve the right and you hereby authorize us to charge your credit or debit card for any damage incurred to the aparment during the guest stay, including and without limitation for all property damage, missing or damaged items, smoking fee, cleaning fee, guest compensation, etc. We will make every effort to rectify any damage internally prior to contracting specialist to make the repair, and therefore will make every effort to keep any costs that the guest would incur to a minimum.

DAMAGE DISCOVERED AFTER CHECKOUT

Guest rooms found with waste scattered around , in complete disorder, and/or “trashed” will be subject to a fee from 100€ to 500€ as maintenance deep cleaning fee, administration fee and/or thirdy party fees, in addition to damages.

DAMAGE TO APARTMENT

Damage to the apartment, fixtures, furnishing and equipments including the removal of electronic equipment, towel, art work, etc will be charged at 150% of full and new replacement value plus any shipping, handling and incidentals charges. Any damage to the apartment, whether accidental or willfull, is the responsibility of the registered guest for each particular apartment. Any cost associated with repairs and/or replacement will be charged to the credit card of the registered guest. In extreme cases criminal charges will be pursued.

CREDIT CARD PRE-AUTHORIZATION

Some week before check-in My Home For You will make a pre-authorization on credit card as guarantee. This operation does not generate any kind of movement on the bank customer’s account because it is not accounted for, therefore, IT’S NOT A CHARGE. The authorization is issued by the relevant bank, or from the credit card network operator.

NOTIFICATION OF DAMAGE AT CHECK-IN

Guests shall notify any damage found in the apartment no more late than 23:59 of the arrival day. After that grace period any damage found at check-out will be charged to the guest.

2.6 DATA PROTECTION

This section gives information on data processing as it relates to making reservations and pre-reservations.

WHO IS THE CONTROLLER OF PROCESSING MEMBERS’ DATA?

Identity: MY HOME FOR YOU

Tax ID: IT 04239390166

Address: Via Costituzione 8, 24128 Bergamo (Italia)

Data Protection Officer (DPO): you may contact our DPO by the following:

E-mail: privacy@myhomeforyou.net

Address: Via Costituzione 8, 24128 Bergamo (Italia)

Please state the reference “Data Protection Officer”

FOR WHAT PURPOSE WILL MY HOME FOR YOU PROCESS ACCOUNT HOLDERS’ PERSONAL DATA AND FOR HOW LONG?

You are advised that data provided by account holders will be processed by MY HOME FOR YOU for the following purposes:

Managing the reservations and/or pre-reservations requested by the user.

Sending confirmation or documentation for the reservation made.

If consent has been given, sending commercial communications on behalf of MY HOME FOR YOU.

WHAT USER DATA WILL MY HOME FOR YOU PROCESS?

For correct service provision, MY HOME FOR YOU will process the following categories of data:

Identifying data: name, surname, nationality.

Contact details: email address, telephone number.

Transactional data for goods and services with MY HOME FOR YOU: Products and services purchased or in which you show interest.

Stay preferences.

Economic, financial and insurance data.

Plate number of car.

Other data: data provided by the data subjects in open fields.

The data requested from the Member are mandatory for correct service provision and, not providing them will mean the services cannot be provided. When the data requested is not mandatory, this will be noted on the form.

If the user provides data on third parties, they declare that they have their consent and commit to providing them with the information in the Privacy Policy, thereby exempting MY HOME FOR YOU of any liability in this regard. However, MY HOME FOR YOU may make periodic checks to confirm this, using appropriate due diligence, in accordance with data protection regulations.

WHAT IS THE JUSTIFICATION FOR PROCESSING USERS’ DATA?

The justification for processing your personal data will be the performance of the contract between the parties. For sending commercial communications, it will be members’ consent.

Consents obtained for the aforementioned purposes are separate and the user may revoke only one without affecting the others.

To revoke this consent, the User may contact MY HOME FOR YOU by the following methods: privacy@myhomeforyou.net

WITH WHICH RECIPIENTS WILL USER DATA BE SHARED?

User data may be disclosed to:

Companies belonging to or affiliated with MY HOME FOR YOU, all within the hotel sector, which require access to your data for correct provision of the chosen services.

DATA STORAGE

The personal data provided will be stored throughout the contractual relationship, and after termination of the same, for the limitation period for legal actions that could result from it.

In relation to data for sending commercial communications, data will be stored for as long as the user does not withdraw their consent. However, if you withdraw your consent, this will not affect the legality of prior processing.

PROCESSING DATA ON THIRD PARTIES

If the Member, at any time, provides data on third parties, they declare that they have their consent and commit to providing them with the information in this clause, and advising MY HOME FOR YOU of any change or update to the same.

MEMBERS’ RIGHTS REGARDING THEIR DATA

By writing an email to privacy@myhomeforyou.net with the reference “Data Protection”, attaching a copy of your identity document, you may, at any time and free of charge, exercise the following rights:

Revoke your consent for the processing and communication of your personal data.

Obtain information about whether or not your personal data has been processed.

Access your personal data.

Correct inaccurate or incomplete data.

Request the deletion of your personal data when, for any reason, the data is no longer necessary for the purposed for which it was obtained.

Limit the processing of your data when any of the conditions provided for in the data protection regulations is met.

Under certain circumstances, and for reasons relating to their personal situation, interested parties can object to the processing of their data.

Requesting the portability of your data.

Lodge a complaint if you believe that the Data Controller has infringed the rights provided to you under data protection regulations.

The data subject may contact the Data Protection Officer of the Data Controller:

E-mail: privacy@myhomeforyou.net

Address: Via Costituzione 8, 24128 Bergamo (Italy)

3. CORRECT USE OF THE CONTENTS OF THE WEBSITE BY THE USER

3.1 MY HOME FOR YOU declares that the industrial property rights (Brands, Trade names, etc.) which appear in this Website are owned by them and/or are legitimately exploited under agreements or user licences, and are duly protected by current Legislation on Industrial Property. The User undertakes to use the Website diligently, correctly and legitimately and, in particular, agrees to abstain from:

(a) Deleting, circumventing or manipulating the “copyright”, brands and other data which identifies the rights of MY HOME FOR YOU or its titleholders incorporated into the contents and/or products marketed from the MY HOME FOR YOU Website, or the technical protection devices, digital fingerprints or any other such information mechanisms which could contain the same.

(b) Using the contents and, in particular, information about MY HOME FOR YOU obtained via its Website to send out advertising, communications for the purposes of direct sales or any other type of commercial purpose, unsolicited messages addressed to a variety of people.

(c) Reproducing or copying, distributing, allowing public access via any public method of communication, changing or modifying the contents, unless prior authorization has been obtained from the titleholder of the corresponding rights or it is legally permitted.

(d) In general, using the contents in a manner for purposes or effects which are contrary to the law, moral standards, generally accepted good customs and public order. MY HOME FOR YOU grants no license or authorization of any kind over the use of its industrial and intellectual property rights or over any other property or right relating to its Website.

3.2. Procedure in the event of infringement of intellectual property rights. In the event that a User or third party considers that any contents have been introduced onto their Website which infringe their intellectual property rights, they must notify MY HOME FOR YOU of their full and precise details and of the intellectual property rights which have allegedly been infringed, as well as the Website.

4. RIGHT TO MODIFY THE GENERAL TERMS AND/OR CONDITIONS OF PROCUREMENT

MY HOME FOR YOU reserves the right to modify these General Terms and Conditions of procurement by informing users of the changes made via www.myhomeforyou.it

5. EXCLUSION OF GUARANTEES AND RESPONSIBILITIES

5.1 MY HOME FOR YOU DOES NOT GUARANTEE THE RELIABILITY, AVAILABILITY OR CONTINUITY OF THE SERVICES MADE AVAILABLE TO THE USER, THUS EXCLUDING ANY LIABILITY FOR DAMAGES WHICH MAY ARISE OWING TO A LACK OF AVAILABILITY, RELIABILITY OR CONTINUITY OF ITS WEBSITE OR ITS SERVICES, ALTHOUGH IT WILL TRY TO FACILITATE, TO THE EXTENT OF ITS CAPABILITIES, TECHNICAL SUPPORT FOR THE PERSON AFFECTED, AND WILL TRY TO IMMEDIATELY RECTIFY THE BREAK IN SERVICES, PUTTING INTO PLACE, TO THE EXTENT OF ITS CAPABILITIES, ALTERNATIVE MEANS.

5.2 MY HOME FOR YOU DOES NOT UNDERTAKE TO CONTROL AND DOES NOT HAVE ANY PRIOR CONTROL OVER VIRUSES OR ELEMENTS IN ITS CONTENTS WHICH MAY ALTER THE SOFTWARE OR HARDWARE OF THE USER OR OF PERSONS VISITING THE WEB PAGES AND WILL THEREFORE NOT BE LIABLE FOR DAMAGES OF ANY KIND WHICH MAY ARISE FROM THE SAME.

5.3 IF, DESPITE ACTING WITH DUE FORESIGHT AND DILIGENCE, MY HOME FOR YOU IS UNABLE TO PROVIDE THE CONTRACTED APARTMENT FOR REASONS WHICH ARE NOT ATTRIBUTABLE TO IT AND IF IT IS IMPOSSIBLE TO OFFER THE SERVICES UNDER THE CONDITIONS AGREED, MY HOME FOR YOU SHALL OFFER THE USER THE OPTION OF A COMPLETE REFUND OF THEIR PAYMENT OR SUBSTITUTION FOR SOMETHING SIMILAR IN NATURE IN TERMS OF CATEGORY OR QUALITY. IF DUE TO SUBSTITUTION THE SERVICE IS OF AN INFERIOR CATEGORY OR QUALITY, MY HOME FOR YOU MUST REFUND THE DIFFERENCE.

6. SAFEGUARDING THE GENERAL TERMS AND/OR CONDITIONS OF PROCUREMENT

Should one of the stipulations of these General Terms and/or Conditions of procurement be declared null and non-operational, the rest of the General Terms and Conditions will be retained in the agreed Terms. MY HOME FOR YOU undertakes to substitute the stipulation affected by the nullity, bringing it into line as far as possible with the intention originally sought by the parties.

NO STIPULATION IN THIS CONTRACT SHALL IN ANY WAY AFFECT THE MANDATORY PROVISIONS IN RELATION TO CONSUMERS. IF YOU ARE NOT A CONSUMER, YOU EXPRESSLY RENOUNCE ANY RIGHT OF WITHDRAWAL.

7. WWW.MYHOMEFORYOU.IT AND ACCEPTANCE OF TERMS OF USE

The user is aware that use of the Pre-booking and online Booking services assumes full and unconditional acceptance of each of the clauses that make up the Terms of Use of www.myhomeforyou.it , in the version published by MY HOME FOR YOU at the time that the user contracts the service. These terms of use complete these General Terms and Conditions in all issues which are not contrary to them. Thus, the user must be aware of the importance of referring to the terms of this page prior to accessing and/or using these services.

The user/client can file any type of complaint using the form located here: https://www.myhomeforyou.it/contact

8. APPLICABLE LAW AND COMPETENT JURISDICTION

These General Terms and/or Conditions of procurement are governed by Italy Law. For the resolution of any dispute arising with respect to its validity, execution, fulfilment or resolution, either total or partial, MY HOME FOR YOU and the users expressly waive their own jurisdiction or any other which, if appropriate, may apply to them and submit to the competence of the Courts and Tribunals of Milan. This contract constitutes the full and complete expression of the agreement between MY HOME FOR YOU and the user and replaces all previous pacts, undertakings, statements or agreements, either written or oral, which may have existed previously between both.

In all cases, any dispute arising from the provision of services in the hotel in which the client is staying shall be submitted to the consumer courts.

November 2018