TERMS AND CONDITIONS

TERMS OF SERVICE FOR USERS OF FIBNB

These are the terms of service for FIBNB that apply when using the website, these terms constitute a legally binding agreement (“Agreement”) between you and FIBNB and cover any aspect of your interaction with FIBNB, whether through its website, mobile app or any associated product licensed using the FIBNB website domain (fibnb.com) or any subdomains (collectively referred to as the “FIBNB Platform”). When we mention FIBNB we are referring to services (“Services”) offered through the web domain FIBNB.com as owned by Internet Affected, Via Aretina 375, 50136, Florence, Italy. P.IVA 06021920480. Information pertaining to the handling, use and access of any personal information provided for the use of FIBNB Services can be found in the corresponding privacy policy which users of the FIBNB Platform also agree to be bound to through the user of the FIBNB Platform.

The FIBNB Platform provides for three user groups:

• people or companies offering their property for rental (“HOSTS”);
• people interested in staying in accommodation listed on FIBNB (“BOOKERS”) or;
• people that have registered an account on the FIBNB Platform for the purposes of being able to access additional functionality that the FIBNB Platform provides to them by having a registered account (“Members”).

HOSTS are responsible for ensuring their property (“Listing”) complies with all laws, rules and regulations before registering it on the FIBNB Platform. The HOST is responsible for ensuring that they possess all licences, permits and/or registrations required by local government agencies before listing the property on the FIBNB Platform. FIBNB will enforce all requests by local government agencies to remove property listings where they have been clearly identified as not have the necessary permits in place. When HOSTS list their property on FIBNB they will be required to accept separate Payment Terms before their property listing can be published on the FIBNB Platform.

Guests (BOOKERS), whether registered FIBNB users or not are able to review accommodation availability and book these properties direct using one of payment mechanisms available.

1. SCOPE OF FIBNB PLATFORM & SERVICES

1.1 FIBNB provides an online portal where, depending on the nature of the visit – BOOKERS - looking for accommodation for a short-stay - or HOSTS - seeking rental bookings for their property – are able to exchange information and to then complete transactions and enter into legally binding contracts for short-term accommodation lettings or rentals in Florence, Italy.

1.2 FIBNB does not own, create, sell, resell, provide, control, manage, offer, deliver or provide any Listing services or HOST services, neither is FIBNB an organizer or retailer of travel packages as per Directive (EU) 2015/2302. HOSTS are responsible for their Listings. When a BOOKER makes a booking, and a HOST accepts it, they are entering into an agreement with each other. FIBNB does not become a party in any contractual arrangement made between the HOST and BOOKER and does not act in any capacity for either party in adherence to the contract that then exists between the HOST and BOOKER.

1.3 FIBNB will seek, as is reasonably commercially possible, to provide any information to the relevant authorities to help in cases of dispute resolution. In cases where detailed forensic information is sought from FIBNB by one of the disputing parties, it may be necessary to charge a fee to the requesting party in order to mitigate the commercial impact that such forensic information might have on the delivery of other services on the FIBNB Platform.

1.4 FIBNB has no control over, and cannot guarantee the accuracy or the existence, quality, safety, suitability or legality of any Listing that a HOST publishes on the FIBNB Platform. Neither can FIBNB guarantee the truth or accuracy of the Listing descriptions (including ratings, reviews, photos, map location). Although a verified Listing confirms that a Property Listing has been visited by FIBNB, there is no guarantee that the property has not been subject to modifications or changes since this visit has taken place. Therefore, BOOKERS should always exercise due diligence and take care when deciding to stay in a property.

1.5 As a HOST on FIBNB the relationship with FIBNB is that of an independent contractor, the HOST is not an agent, joint venture or partner of FIBNB. As a HOST you acknowledge that you have complete discretion as to whether you list your property on FIBNB or not.

1.6 To generate exposure for MEMBERS of the FIBNB Platform, specifically HOSTS, you acknowledge that your MEMBER content (Listings Information) may be used in publicity materials which may extend to 3^rd party advertising networks (such as Facebook), emails and online/offline advertisements.

1.7 FIBNB provides links to third-party websites, for example services that allow for the purchase of Museum Tickets, and all users of FIBNB acknowledge that the terms and conditions that govern these purchases are separate to those used on the FIBNB Platform. FIBNB advises all users, whether BOOKERS, HOSTS or MEMBERS to read with care the terms and conditions of any services which are not purchased directly on the FIBNB.com website domain.

1.8 FIBNB is not responsible for any outages or internet disruptions that might occur during the normal functioning of activities which are outside of its control. Restrictions to certain sections of the FIBNB Platform may be implemented if FIBNB believes it is in a MEMBERS interests to do so.

2. FIBNB USERS (HOSTS, BOOKERS & MEMBERS)

2.1 To use FIBNB, and to therefore use all associated services as detailed under these Terms of Service, a HOST, BOOKER or MEMBER must be an individual of at least 18 years old, or a business that has been registered and is recognized by all the relevant legal bodies in the country of operation to be able to enter into legally binding agreements with contractual parties – whether as a BOOKER, HOST or other MEMBER.

2.2 FIBNB may ask HOSTS or BOOKERS for a proof of identity in order that a further check on the authenticity of the information being provided has an additional layer of authenticity. Despite these steps HOSTS and BOOKERS acknowledge that it is almost impossible for FIBNB to fully verify the identity of a person through an online service, and therefore accepts that FIBNB cannot be held responsible in cases of dispute that might arise between contracting parties where the personal information that has been provided by a contracting party is false. HOSTS and BOOKERS should perform further checks to confirm the identity and authenticity of the request they have received in order to safeguard the contract being entered into with the HOST or BOOKER.

2.3 There may be areas of the FIBNB Platform that require HOSTS, MEMBERS or BOOKERS to accept additional terms and conditions in order to continue to use the FIBNB Platform. In any cases where there is an overlap in the terms and conditions being accepted by the MEMBER, the most recent Terms and Conditions will be those considered to have preference for the purposes of any dispute resolution or arbitration.

3.  UPDATES TO THESE TERMS AND CONDITIONS

3.1 FIBNB may update these terms and conditions at any time. HOSTS & MEMBERS will be notified by email of any update to FIBNB’s terms and conditions 30-days prior to their changing. If a HOST or MEMBER chooses to not accept the new terms and conditions, they may write to privacy@fibnb.com and request that their account be terminated. Any contractual obligations made either as a BOOKER or a HOST, still need to be honoured according to the terms and conditions that were in place at the time the contract between BOOKER and HOST was started.

4. REGISTERING AN ACCOUNT

4.1 When registering an account on FIBNB you are granted access to features available on the FIBNB Platform. When registering as a MEMBER you confer on FIBNB a licence for the use of materials and information you provide when using the FIBNB Platform. It is implicit in your registration and Membership that you have the necessary permissions and authority to confer this licence on FIBNB.

4.2 A MEMBER can register on the FIBNB Platform by providing an email address and setting up a password. It may also be possible to create an account using a social media network -such as Facebook. In this latter case it is also possible to remove the association between your MEMBER account and the Social network through the user account panel.

4.3 When registering on FIBNB accurate information must be provided and MEMBERS must keep safe the credentials for accessing their MEMBER account. You are responsible for choosing a sufficiently complex password as to ensure a high a level of security as possible. If a MEMBER believes their account has been compromised, they should notify FIBNB immediately writing to help@fibnb.com so steps can be taken to secure the account and protect MEMBER information.

5. CONTENT (LISTINGS & MEMBER INFORMATION)

5.1 FIBNB allows MEMBERS to upload content (text, images, video) to the FIBNB Platform.

5.2 Content provided by FIBNB MEMBER’s may be entirely or in part subject to copyright, trademark or other laws in the country of origin of the MEMBER. You acknowledge and agree that these rights are the exclusive property of FIBNB.

5.3 MEMBERS may not create derivative works either FIBNB Platform or MEMBER content.

5.4FIBNB grants MEMBERS a limited non-exclusive or sublicensable non-transferable licence to access and view content on the FIBNB Platform for your personal and non-commercial use.

5.5 When a MEMBER uploads Property Listing information, or provides commentary in the form of a review, or for any other public facing content on the FIBNB Platform, a MEMBER is granting FIBNB a non-exclusive worldwide, royalty-free, irrevocable, perpetual, sublicensable and transferable licence to store, distribute, publish transmit, stream and otherwise exploit in a commercial context to promote the services of FIBNB.

5.6 A MEMBER is solely responsible for the information they provide which may be published on the FIBNB Platform. As a MEMBER you acknowledge that you have the necessary rights and authorization to make this information available through the FIBNB Platform. A MEMBER may not upload information or post commentary that infringes on another parties’ copyright, trademark or moral or intellectual property rights.

5.7 MEMBERS will not upload or post content that infringes another person’s rights or is false or fraudulent. MEMBERS will not post pornographic or offensive content or content that promotes discrimination, violence or terror, whether for human beings or animals. Any MEMBER found posting such images will, have their account disabled, and local authorities may subpoena FIBNB to provide information about the user that has made this information public.

6. SERVICE FEES

6.1 FIBNB charges HOSTS a commission fee for processing payments on the FIBNB Platform. HOSTS are already aware of the deductions made by FIBNB as part of the Payment Terms that they have accepted before becoming a HOST MEMBER.

6.2 BOOKERS have the opportunity to request a refund of any monies paid and renounce any contractual obligations that might have been conferred when making a booking on FIBNB, according to the reservation’s cancellation terms shown on a property listings page.

6.3 Any changes in commission fees for the use of the FIBNB Platform will be communicated to the relevant parties 30-days in advance of any change. Any bookings made by BOOKERS prior to the fee changes will be honoured according to the previous fee policy in place.

6.4 HOSTS are responsible for setting the price per day for the property listed on FIBNB and FIBNB applies a commission according to the payment terms which is deducted exclusively from HOSTS. BOOKERS do not pay any service fees.

7. PROPERTY OWNER (HOST) TERMS

In this section “You” is considered interchangeable with the terms HOST and Property Owner.

7.1 When a HOST adds a property to the FIBNB Platform they confirm that the information being provided is a fair and true representation of the property being listed. HOSTS are requested to take due care and time when creating a property listing to ensure that the property description, its features, photos and any other pertinent information – such as the daily price – is entered into the FIBNB Platform correctly and free from typographical errors. HOSTS are responsible for taking due care when adding ICAL links to the property calendar so as to ensure the FIBNB system is able to synchronize your property calendar with other online travel agents the HOST may be using already.

7.2 Before a HOST can complete a property listing on FIBNB they must accept the Payment Terms. It is not possible to list a property on FIBNB unless the Payment Terms have been accepted.

7.3 HOSTS are provided with the necessary data entry fields in the listing form on FIBNB to show the daily price and any specify any additional cleaning fees which will be paid to the HOST upon arrival. HOSTS are not entitled to change the price of any of these services after a reservation has been made by a BOOKER. The FIBNB Platform keeps revisions of all listings in order to protect BOOKERS using the FIBNB Platform.

7.4 Any images that a HOST uses for their property must be an accurate representation of the property and its features. FIBNB may set minimum requirements on the information needed to list a property on the FIBNB Platform so as to guarantee to BOOKERS the opportunity to take an informed decision on the suitability of the property for their holiday needs.

7.5 The terms and conditions, relating to a HOSTS cancellation policy and the remit of monies in the event of a cancellation are set by FIBNB.

7.6 In order that FIBNB may communicate information to HOSTS and property owners, HOSTS accept that their email address and name will be automatically subscribed to mail-chimp newsletter services. HOSTS should keep active their newsletter subscription active in order to receive updates from FIBNB about changes in services. If the newsletters communicate non-essential service announcements, the HOST will be provided the option to opt-in to these messages, rather than be automatically subscribed to these messages by default.

7.7 When a HOST receives a confirmed reservation, they are entering into a legally binding agreement with the BOOKER. FIBNB will provide the HOST with the details necessary for the HOST to enter into a legally binding agreement with the BOOKER. A HOST accepts that their personal information may be provided to the BOOKER in cases where it has been requested for the purposes of dispute resolution a BOOKER.

7.87 A HOST agrees that FIBNB will remit monies due to them from reservations less any commission fees and any other fiscal obligations that are observed in Italy. These are detailed in the Payment terms.

7.9 Any property a HOST lists will not breach any agreements, whether local laws governing the rental of the listings being submitted, or any house rules that may or may not be in place where the property is located.

7.9.1 There may be some instances where, due to extenuating circumstances FIBNB considers it necessary to issue a full or partial refund to a BOOKER. You will be notified of any such situations and consulted before any final decision is taken.

7.9.2 As a HOST you may not list more than once the same listing using a separate account.

7.9.3 A HOST shall not be in breach of any local laws, or housing association rules or tax requirements that may be in place and for which FIBNB cannot have any knowledge thereof.

8. GUEST (BOOKER) TERMS

8.1 When a BOOKER makes a reservation on FIBNB, by completing a payment using a credit card or via Bank transfer, the BOOKER is entering into a legally binding agreement with the HOST of the property.

8.2When a BOOKER completes booking on FIBNB they are asked to provide personally identifiable information that is necessary in order that a legally binding agreement is established between BOOKER and HOST. A HOST member that lists their property on FIBNB has already provided FIBNB with this personal information and so once a BOOKER makes their reservation all the necessary information has been provided for the HOST and BOOKER to initiate their legally binding agreement. The BOOKER accepts that FIBNB will transmit the BOOKERS information securely to the HOST in order that they may prepare any additional administrative documents that may be required for compliance with local administrative requirements.

8.3 BOOKERS should be aware that there may be additional fees requested upon arrival at the property by the HOST. These fees might include cleaning fees, or tourist taxes (tasso di soggiorno). BOOKERS can find this information located in the section “To be paid at check-in” on the property listing page. These fees will need to be paid in cash upon arrival at the property.

8.4 If a BOOKER is making a booking on behalf of another person you guarantee to FIBNB that the GUESTS will abide by the terms and conditions as set by FIBNB between the BOOKER & HOST.

8.5 Once a BOOKER receives the booking confirmation from FIBNB, they are entering into a legally binding agreement with the HOST, and this agreement also covers any associated cancellation charges and any restrictions that the HOST has placed on their property listing at the time of the booking. Fees from the booking will be remitted to the HOST according to the payment terms.

8.6 In the case of BOOKERS traveling with minors, documentation must be produced to the HOST on arrival that demonstrates that an adult in the travelling party is legally authorized to act on the minor’s behalf.

9. BOOKING ACCOMMODATION

9.1 A confirmed booking is nothing other than a limited licence granted by the HOST for the BOOKER to use the property for the duration of the time stipulated in the contract. The HOST can enter the property to ensure that the property is being used in accordance with the contract.

9.2 You agree to leave the accommodation at the check-out time that has been agreed between the BOOKER and the HOST on the day that the contract has come to an end. While HOSTS may have indicated the time of check-in and check-out on their property listings page, BOOKERS accept that the agreed check-in and check-out time agreed between HOST and BOOKER may be different to the times shown on the HOSTS property listings page.

9.3 A BOOKER that decides to use FIBNB payment services does so voluntarily and at their own risk. The BOOKER recognizes and accepts that FIBNB’s role is to simply provide the platform through which a payment can be made for a property and passed to the HOST according to the payment terms. FIBNB does not have any duties or obligations as agent for either BOOKER or HOST. Any additional duties or obligations that may be implied by the law are, to the maximum extent possible by law, expressly excluded.

9.4 A BOOKER accepts that the payment service provided by FIBNB are made in EURO currency. When payments are made using a credit card (for example using PayPal) these payments will be collected in EURO. FIBNB declines all responsibility for any additional charges or commissions that might be made by 3^rd party payment services to guarantee that fees requested by FIBNB payment are fully received.

9.5 A BOOKER that elects to make a payment using Bank Transfer must guarantee with their bank that the amount transferred to FIBNB corresponds to the full reservation amount. A reservation will not be considered confirmed until such time as all reservation monies have been received for the corresponding reservation ID. FIBNB declines all responsibility for any additional charges or commissions that might be made by international bank payment mechanism services to guarantee that fees requested by FIBNB payment are fully received.

10. BOOKING CHANGES, CANCELLATIONS AND REFUNDS

10.1 BOOKERS are entitled to cancel their booking and receive all monies returned to them if the cancellation is made 15 days or more before the start of the reservation. If a cancellation occurs within 15 days of the reservation start date then the BOOKER will not be able to request a refund and it will be at the sole discretion of the HOST to determine whether or not any alternative arrangement, such as a partial refund is acceptable.

10.2 If a HOST cancels a booking the BOOKER will receive a full refund of any fees they have already paid. FIBNB is under no contractual obligation to furnish the BOOKER with alternative housing arrangements but will try to assist the BOOKER in finding another property that could be suitable for them for their stay in Florence.

10.3 FIBNB may issue a partial refund to a guest that has suffered a Travel issue or in extenuating circumstances and with appropriate documentary evidence.

11. REVIEWS & RATINGS

11.1 Reviews on the website can be written by BOOKERS who must provide the reservation number they were provided at the time of making a booking. These reservation numbers are checked against the property to ensure that only BOOKERS that have stayed in the accommodation can write the reviews.

11.2 Ratings left by BOOKERS are BOOKERS personal opinions and do not reflect the views of FIBNB. If a HOST feels that they have been mis-represented they may write to help@fibnb.com.

11.3  HOSTS are forbidden from instructing third-parties from writing reviews for their property on FIBNB.

12. DAMAGE TO ACCOMMODATION, DISPUTES BETWEEN BOOKERS & HOSTS

12.1 BOOKERS are responsible for leaving any property in the condition in which it was presented. If a breakage has occurred then the BOOKER should inform the HOST and arrangements should be made between the parties to resolve this amicably.

12.2 At this time FIBNB is unable to accept any responsibility for the damage, whether accidental or deliberate, to a HOSTS property. HOSTS should take all reasonable steps to ensure that a home contents house insurance policy covers the property against any damages that might arise, whether accidental or deliberate, while the property is being used for the purposes of property rentals to tourists.

13. TAXES

13.1 HOSTS are responsible for making all necessary arrangements to pay any local taxes, and meet any annual fiscal reporting obligations in accordance with local laws.

13.2 HOSTS are responsible for ensuring that any additional taxes, such as the Tourist Tax (tasso di soggiorno) are remitted to the local civic council in accordance with local requirements.

14. FORBIDDEN ACTIVITIES

14.1 FIBNB expects of its users whether HOSTS, BOOKERS or MEMBERS, to exercise common sense with regards to the activities that are forbidden when using the FIBNB Platform. The terms of this page consolidate the activities that are forbidden on FIBNB.

15. TERMS & TERMINATION OF CONTRACT

15.1 HOSTS may terminate the contract with FIBNB by sending an email to help@fibnb.com with the notice to terminate the agreement. The account and property listing will be deactivated from the platform as soon as the necessary steps have been taken administratively to ensure that any bookings have been requisitioned or refunds issues to BOOKERS.

15.2 FIBNB may terminate any agreements by giving HOSTS or MEMBERS thirty (30) days-notice to the email address that has been used to register the account on the FIBNB Platform, or in cases where a HOST or MEMBER has breached the terms and conditions. Should there be a material breach of the terms and conditions by a HOST or MEMBER FIBNB is entitled to return to a BOOKER any funds that have been paid. In cases of a breach of these terms and conditions it will not be permitted for a new account to be registered on the FIBNB Platform.

16. INDEMNIFICATION

16.1 As a HOST, MEMBER or BOOKER you agree to release, defend and indemnify FIBNB from any claim of liabilities, damages, losses and expenses that might arise in any way out of a breach of these terms and conditions, privacy policies, and payment terms and conditions, and as a result of any interaction with a HOST, MEMBER or BOOKER in the provisioning of services exchanged between them.

17. APPLICABLE LAW AND JURISDICTION

17.1 These terms and conditions, including the Privacy Policy and Payment Terms will be interpreted and governed by Italian law. The local court of Florence will be used exclusively to settle any disputes that arise from these terms and conditions or between FIBNB and HOSTS, MEMBERS or BOOKERS.