General conditions

Terms & Conditions

General Conditions

These general conditions (hereinafter, the "General Conditions") are drawn up by PERLA SRL (hereinafter, "Perla"), with registered office in Via Giovanni della Casa n. 19, Verona (Italy), Tax Code and VAT number 04639830233, and regulate the use of the website www.gardagate.com (hereinafter, the "Site") by users (hereinafter, the "Users") in relation to the services offered by Perla.

The User, who expressly subscribes to these General Conditions by accepting them by ticking the appropriate section, is identified with the data entered during registration, which must necessarily precede the purchase of services.

Site features and services offered

  • The Site offers visibility to different types of real estate units, located in Italy (hereinafter, the "Real Estate Units" and, each individually, the "Real Estate Unit") and marketed by Perla.
  • In relation to each Real Estate Unit, Perla may directly sign legally binding contracts with the owners of the Real Estate Units, aimed at granting the User the use of such Real Estate Units, for a limited period of time. The type and specific content of such contracts may vary from time to time, taking into account not only the type and location of each Real Estate Unit, but also the period of time for which the User intends to use them. If rental contracts are concluded for transitory use, the activity of intermediation in the rental of the Real Estate Unit is carried out - if necessary - by real estate agencies and authorized intermediaries operating in their respective jurisdictions and promoting through the Site the rental offers.
  • On the Site, the User may also purchase ancillary services offered by third parties, including, but not limited to, the provision of cleaning services for Real Estate Units.

Account registration and security

  • In order to conclude legally binding contracts concerning the Real Estate Units through the Site, it is necessary that the User - after choosing the services of interest and entering their personal data - reads and expressly accepts these General Conditions, as well as the Privacy Policy.
  • By accepting these General Conditions, the User expressly declares that all personal data and information provided at the time of registration are true, correct, complete and up to date. The User is required to promptly notify Perla of any and all changes to their data entered during registration.

Reservations, conclusion of contracts for the use of the Building Units and for the purchase of ancillary services

  • Subject to compliance with all the requirements (such as, by way of example, the completion of any verification process) established by Perla, Users may book the Real Estate Units available on the Site by following the relevant booking process independently (through the so-called "Online Booking") or with the support of customer service.
  • Users can view the contract proposal for the use of the Real Estate Units, as well as any proposal for the purchase of ancillary services and express their consent independently (by selecting "accept" during the online procedure) or directly to customer service. The proposal will clearly indicate all applicable fees, including the fee for the use of the Real Estate Units, the booking costs, the cost for the purchase of each ancillary service and any applicable taxes (hereinafter, collectively, the "Total Costs").
  • Upon receipt of the booking confirmation, the contract will be concluded, subject to any changes and cancellation of reservations - to the extent of their respective competence - and Perla will collect the Total Costs.

Cancellations of bookings

  • The User has the right to cancel the reservation by sending an e-mail to Perla at info@gardagate.com.
  • Prices are in Euro for the accommodation. The tourist tax and additional services according to the conditions indicated at the time of booking.
  • The withdrawal of the contract can be made under the following conditions:

            - Up to 30 days before the arrival date without any charge of the reservation
            - From less than 14 days to 7 days will be charged 50% of the reservation 
            - From less than 7 days will be charged 100% of the reservation  
            - Only for Villas:
            - up to 30 days before the arrival date without any charge of the reservation
            - rom less than 7 days will be charged 100% of the reservation
          

Methods, payment terms and refunds

  • It is possible to make the payment of the Total Costs, as from time to time identified when booking the Real Estate Unit, choosing between the following payment methods:
  • Credit card (VISA, Master Card, American Express) or debit card; PayPal;
  • Early bank transfer.

The information sent by the User for payment purposes on the Site (for example, credit/debit card number or expiration date) will be forwarded to credit institutions that provide remote electronic payment services, without third parties being able, in any way, to access it. Such information may be used by Perla - to the extent of its respective competence - exclusively for the fulfilment of the obligations arising from these General Conditions and the accounting processes necessary for the issue of documents required by law (such as, for example, invoices), or in the event that it becomes necessary to cooperate with the police forces with regard to the commission of fraud on the Site.

Bank Transfer

  • Once you have made the request for payment by bank transfer you must follow the following procedure:
  • The bank transfer must be made within 3 (three) working days from the confirmation of the reservation;
  • the reason to be reported on the bank transfer must indicate the name and surname of the User and the code of the Real Estate Unit;
  • the bank transfer must be made in favor of Perla

To complete the request is welcome and recommended to send a copy of the bank transfer made by e-mail to info@gardagate.com, in the event that the transfer was made against Pearl, and in the subject of the e-mail the user must indicate the code of the Real Estate Unit and his name.

  • In addition to the Total Costs, if there are unused amounts or refunds associated with the method of payment chosen by the User, the latter may be charged costs related to the recovery by Perla - to the extent of their respective competence - of such unused amounts or refunds. Such costs or charges may include collection taxes, service charges or other third-party charges.
  • In the event that Perla - to the extent of their respective competence - will process the refunds immediately, however, the timing of receipt of a given refund will vary depending on the payment method used by the User and any rules of the applicable payment system (e.g. Visa, Mastercard, etc..).

Guarantees provided by the User

The User declares and guarantees that the information provided by filling in the forms is correct, true and precise, and that the use of the Site by the User will always comply with the provisions of these General Conditions, any instructions published from time to time on the Site and the general conditions of individual services.

Intellectual property

  •  The contents published or accessible through the Site are protected by copyright and industrial property laws. Perla is the owner of the Site, the pages of the Site, the right to use the information or elements contained in the texts, documents, photographs, drawings, graphics, software, logos, trademarks, trade names or other signs protected by intellectual or industrial property rights.
  •  The User, without prior permission of Perla, may not reproduce, modify, decode, distribute, copy and disclose the above information or elements.

Limitation of Liability and Disclaimer of Warranty

  • The User releases Perla from any liability arising from contracts entered into through the support of the Site, associated with content published on the Site or related to the activity or inactivity of other Users.
  • Perla does not assume any responsibility for the incorrect use made by third parties of the access credentials of users who remain solely responsible to Perla and to third parties for the proper use of these credentials.
  • Perla does not guarantee continuous and uninterrupted access to the Site and its services, which may be affected by factors beyond their control. Consequently, within the limits of the Consumer Code and other applicable laws, Perla excludes all warranties, terms and conditions implied. Perla is in no way responsible for any economic loss, goodwill or damage to reputation or for direct, indirect or consequential damage arising from the use of the Site and the services offered therein.
  • The Site and its contents are provided by Perla as is and as available, without any explicit or implicit warranty statement of any kind. Perla expressly disclaims all warranties, express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Perla be liable to any third party for any direct, indirect, punitive, incidental, compensatory, special, consequential or other damages, whether for loss of data, income or profit, loss of property or property, business interruption, loss of programs or data, arising out of or in connection with this Site, sites or services linked through this Site or any copy thereof, viewing or using them, regardless of the legal theory on which the claim is based, even if Perla has been warned of the possibility that such damages could occur, including, by way of example, any damage resulting from any errors, omissions, viruses, delays or interruptions in operation or service, regardless of the reason that caused them. Perla shall not be liable for any loss or damage arising out of or in connection with any third party website or the content accessed through the links contained in this website, the use of this website or any equipment or software related to this website.

Restrictions on the use of the Site

  • When accessing or using the Site, the User agrees not to:
  • use automatic devices, software or other systems designed to damage the Site, to catalogue the Site or any information contained therein or to interfere with the functions and services of the Site;
  • perform any action that leads to an overload of data or transfer of large amounts of data within the system;
  • use the contents of the Site or carry out framing activities of the Site also for the purpose of creating or compiling databases or other information collections or to carry out competitive activities of any kind; transmit advertising material, invitations to announcements or competitions, surveys or other forms of unsolicited solicitation;
  • publish material that is unlawful, vulgar, obscene, slanderous, pornographic, defamatory, offensive to morals, good morals and public order or in any way prejudicial to the rights of others;
  • violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property right or other reserved right; publish, sell, market, or exploit the Site and/or its contents in any manner unless expressly authorized to do so;
  • use the Site or any content of the Site in any way that may be considered unreasonable and/or contrary to the purposes of the Site.
  • The User undertakes to immediately notify Perla of any and all violations of these General Conditions and/or use contrary to the principles of correctness and good faith of which he becomes aware and/or contents that the User may consider inappropriate, harmful or contrary to the law, by sending a communication to info@gardagate.com

Indemnity

By accepting these General Conditions, the User undertakes to indemnify Perla and its employees, managers, agents and any company in the group, including their employees and collaborators, against any claim or demand for compensation for damages from third parties, which may result from the violation of even one of the conditions contained in these General Conditions, legal obligations or the rights of third parties.

Third party links, banners and advertisements

  • The Site may contain links to sites operated and owned by third parties, advertising banners that directly or indirectly link to sites operated and owned by third parties and advertising material in general.
  • By accessing these sites, the User acknowledges that he/she is leaving the Site at his/her own risk, knowing that the General Conditions do not regulate access to and navigation on these sites. The advertising shown on the Site does not imply endorsement or recommendation of the same by Perla.

Modifications

Perla reserves the right to modify these General Conditions at any time. This change will be effective from the tenth day following the notification of the change, which will be made by e-mail to the address provided by the User at the time of registration, without the need for any express subscription by the User. The User will have the right to withdraw with immediate effect from these General Conditions if he does not consider to accept these changes.

Communications

  • Unless otherwise stated, communications sent to the User pursuant to these General Conditions shall be made by e-mail to the address entered during account registration, as amended from time to time. Such communications are to be considered as received if, within 24 hours of sending them, Perla is not notified of the invalidity of the e-mail address.
  • The User may make any communication to Perla regarding these General Conditions by sending an e-mail to info@gardagate.com

Processing of personal data

For the rules relating to the processing of personal data, please refer to the Privacy Policy.

Applicable law - Place of jurisdiction

  • These General Conditions are governed by Italian law.
  • For any dispute that may arise between the parties, regarding the conclusion and/or interpretation of these General Conditions, will be solely and exclusively competent to decide the Court of Verona.

Miscellaneous

  • Pursuant to and for the purposes of Article 1418 of the Italian Civil Code, the invalidity of any of the individual provisions of these General Conditions shall not affect the validity of the entire contractual regulations described herein.
  • These General Terms and Conditions are drawn up in Italian. In the event of a conflict between any of the translated versions of these General Conditions and the Italian version, the Italian version shall prevail.


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