Terms of use 1.7

for Fairbnb.coop

Dear User,

Fair Bnb Network Società Cooperativawith its registered offices in Bologna, via Alfredo Calzoni 1-3, CF: 03735181202 is the owner of the web platform fairbnb.coop (below identified as “Fairbnb.coop”).

The aim of the platform is to develop the project and the community to allow hosts and guests to connect for meaningful travel and cultural exchange while minimizing the negative effects on communities.

The project is intended to maximize the potentiality of platform cooperativism aimed at defining organizational models alternative to current profit businesses, by focusing on peer-to-peer cooperation model.

This is still a beta version, a proof of concept of the final platform, but it offers already:

  • to guests, the possibility to register their user accounts, to browse the available listings, using our search engine, to choose the best locations available for travelling and to form short rental contracts based on the proposals made by selected hosts. Guests pay hosts by using the platform’s service and agree to apply, in their rental agreement, the cancellation policies provided by these terms: also they are entitled to select social projects to be financed by direct donation.
  • to hosts, the possibility to insert short-term rental contractual offer to guests. Hosts will receive the payments due by guests using the platform’s service. According to regulations set in each host’s Country, taxes could be collected by the platform on behalf of the taxpayer. Hosts will receive a regular receipt with a clear indication of fees charged.

New features and destinations will be added in the next months to provide growing user experience for registered users, according to Fairbnb.coop platform cooperativism project.

You may cancel your registration at any time by sending an email to [email protected] and also you may consider our privacy policy statement for data processing issues.

Effective as of January 26h 2020. Version 1.7

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This document is also quoted in the below legal text as “terms”.

These Terms represent a basic agreement between the User and Fair Bnb Network società cooperativa (shown below also as Fairbnb.coop), as fairbnb.coop platform owner.

All the preceding premises are relevant to understand, to form, to interpret and to execute the agreement and the obligations set by these Terms.

SECTION 1 – BASIC ACCOUNT (USERS & GUESTS)

1. Registration to Fairbnb.coop website – User Profile

By registering through the form on the website, the User inserts name, surname and email address in order to be identified and to access to his/her own account on Fairbnb.coop.

Registration could be facilitated also by using external providers such as Google and Facebook.

In any case, the registration implies the provision of true information about user identity and a valid email address for the communications required.

The User represents and warrants that all information provided is current, complete and accurate and declares to have the legal capacity to be part of this agreement.

The registration allows the user to create the User Profile aimed at collecting basic information, photo and user’s description.

Information provided will be in any case managed in accordance with the Privacy Statement and the following versions of these Terms.

2. Identification

The access to the platform, the use of services and the formation of short-term rental agreements require certain identification of users.

The platform technology, however, does not allow at the moment different options or the implementation of tools that can give absolute certainty to the identification itself.

The user must remember that the formation of short-term rental agreements requires the guest and the host to comply with even more binding identification requirements, whose knowledge, based on the regulations of each country, is entirely and solely in charge of the contractual parties.

Fairbnb.coop is entitled to request specific documents or to ask for a further check of each User’s personal identity and, in case of uncertainty, may terminate or not permit the registration to the platform at its complete discretion.

3. Search Engine

The platform provides users with a search engine aimed at showing the list of available rental listings, based on the user’s favourite destinations and search filters.

Such a list is intended only to facilitate interaction between guests and hosts users and does not imply any discrimination or pre-selection of locations that are identified solely on the basis of territorial criteria. This tool, therefore, does not in any way constitute a form of pre-contractual collaboration with the user, but only a tool for accessing all available listings, in any case without prejudice to the possible formation of the rental agreement between the parties.

4. Service for the proposal and formation of the short-term rental agreement

Once the listing is displayed, the guest may click on the “request booking” button that allows such a short term rental proposal to be communicated to the host, according to the search terms previously selected.

The platform allows only to facilitate the exchange of contractual consents between the parties using point & click and transactional emails services: if the host accepts the request by the guest, the acceptance is communicated on behalf of the host by the platform by email and as soon as the guest receive such an email this represents the commitment of the parties to follow up the requested offer.

The host should accept the short term rental proposal of the guest within 48 hours from the day of the request. In case of denial or inactivity by the host, the platform will cancel the proposal automatically and notify both users.

The guest and the host are the only holders of the short-term rental contract, formed using the platform service and therefore are responsible for compliance with the laws applicable in each country with specific regard to the contract concluded between them.

Parties are free to formalize in writing or in other ways such an agreement.

Fair BnB Network Soc. Coop suggests to the users to draw up and sign, if possible, a short written note summarizing the main terms of the rental agreement in order to prove and/or fulfil the legal obligations imposed by their countries.

5. Social Project

By clicking on the “request booking” button, the guest user is allowed also to select a specific social project that will be financed in case the rental contract is formed, with a donation to the legal entity in charge of such a project.

According to the cancellation policies set in art. 6 in case of a partial payment provided by the guest, the social project selected will receive the donation anyway.

The overall sum of the donation to the social project is equivalent to the commission fee set by Fairbnb.coop for the service and charged to the host.

Donation to a specific social project is mandatory to access the platform’s service for the user because it represents one of the most relevant instrument for Fairbnb.coop to pursue its goals.

6. Cancellation Policies – Guests & Hosts

By accepting these terms Users agree to include in the short term rental agreement that they form through the platform the cancellation policy provided by this article.

The Guest user is entitled to terminate the agreement, by cancelling the requested booking any time, but the following refund policies apply: 
  1. 100% refund in case of cancellation requested within 48 hours after the contract formation (that is when the guest receive the communication of acceptance by the host). This rule does not apply if the end of 48 hours falls within the last 7 days before the check-in.
  2. 90% refund in case of cancellation up to 7 days before the check-in. The remaining 10% of the amount paid by the Guest will be assigned as it follows: service fee due to Fair BnB Network Soc. Coop (the 7,5% of the rent) and donation to the social project previously selected by the Guest (the 2,5% of the rent).
  3. 50% refund in case of termination within 7 days before the check-in. The remaining 50% of the amount paid by the Guest will be transferred as it follows: service fee due to Fair BnB Network Soc. Coop (the 7,5% of the rent); donation to the social project previously selected by the Guest (the 2,5% of the rent); the remaining 40% to the host as a cancellation penalty.
  4. No refund in case of termination within 2 days before the day of the check-in. In this case the amount paid by the Guest will be transferred as it follows: cancellation penalty in favour of the host (to the same extent as the originally planned rent); the donation sum to be transferred to the social project selected by the Guest (calculated as 7,5% of the rent); the service fee due to Fair BnB Network Soc. Coop (calculated as 7,5% of the rent).

The check-in day is not included in the calculation of the time provided by the paragraph above.

The Host user has the right to withdraw from the contract after its formation and this will entail two consequences:
  1. 100% refund for the Guest, (no charges to the Guest in case of Host’s cancellation).
  2. A 10% debit note will be issued to the Host as a fee to be realized in the next short term rental agreement formed by himself.

7. Service costs & Payments

In the listing page, the Guest User will find a recap of the items related to the transaction. 

By selecting the “request booking” button, the Guest will activate the Credit Card pre-authorization system for the sum identified in the recap of the transaction.

Pre-authorization will be deactivated in case of cancellation made by the Guest according to the provision of article 6, that is within 48 hours by the end of the day when the acceptance of the proposal is received by the Guest.

The Guest user confers three different amounts with the same payment: the rent sum due to the host, the donation sum to be paid to the specific social project selected by the Guest  (calculated as the 7,5% of the rent) and the service fee due to Fair BnB Network Soc. Coop (calculated as 7,5% of the rent).

When the short-term rental contract proposal is accepted by the host and communicated to the Guest, the guest’s credit card will be charged with the payment.

If the payment is completed, a notification will be sent to the host, otherwise, this will imply automatically the termination of the agreement and both host and guest will be notified by email.

The Guest uses the payment method selected to transfer to fairbnb.coop the amounts set in the above-mentioned recap. By receiving such amount, Fairbnb.coop is entitled by the Guest user with a mandate to collect in order to transfer such amount to the host and to the social project selected by the Guest user.

After the payment to the host, Fairbnb.coop will send an informal receipt with the costs’ recap, provided to the Guest user plus the invoice for its commission.

Receipts for the donation and for the rental agreement are in charge of the social project’s legal representative and of the host itself.

SECTION 2 – BECOME A HOST ACCOUNT

8. Become a host 

By selecting the option “become a host” basic users are allowed to insert listings in the platform and to generate short term rental proposals to be accessed through the platform search engine.

This implies accepting the terms and conditions provided in this section.

9. Listings & Lawfulness

Host users are enabled to publish, through the Fairbnb.coop platform,  short-term rental proposals to lease their real estates to Guests: these proposals are also called “listings” in these Contractual Terms.

Host users may create listings only if they are legally entitled to form short term rental agreements according to the applicable law. 

By accepting these Terms, host users confirm the fulfilment of such a requirement.

In the Countries or the local areas that are enabled to the services to form rental agreement, the listing option could consider specific criteria for host users to be allowed to rent. Such criteria will be explained in the page dedicated to inserting the listings and should be fulfilled to complete the offer.

The information inserted in the listing form should be real and non-deceptive and it is strictly forbidden to insert photos showing people, kids or items that could in any way represent a violation of discretion and/or privacy data protection laws.

Copyright licensing rule is applied to the contents provided by the Host user according to article 16.

10. Listings Management & offer acceptance

Host users could manage their listings from the apposite page in their user account.

It is possible to accept the short term rental proposal made by guest users by clicking over a specific button. The platform will send confirmation to the Guest user.

The parties should comply with applicable laws to such an agreement, which, in any case, is not legally held by Fairbnb.coop at all: parties are free to manage such an agreement, including the possibility of formalizing it in writing or in other ways.

Fairbnb.coop, in any case, advises users, when possible, to draw up and sign a short written note summarizing the terms of the rental agreement in order to prove and/or fulfil the legal obligations provided by each user Country.

The Host users could refer to the User Profile personal agenda to manage their contracts and avoid problems such as overbooking. Anyway, the Host users, by accepting these Terms, agree to submit to fairbnb.coop only listings available for the selectable period to stay.

In listing section the Host user is asked to select specific social projects to be beneficiary of the donations by the Guest users. Such a selection is mandatory to access the platform service for the user because it represents one of the most relevant instrument for Fairbnb.coop to pursue its goals.

11. Automatic Termination

Once formed, the short term rental agreement between Guest and Host users is under the condition of payment. In case the Guest doesn’t provide payment according to the provision set in article 7, the parties agree to automatically terminate such an agreement. 

The termination is communicated with email on behalf of the Host user to the Guest user.

Cancellation policy for hosts applies as set in article 6 of these terms.

12. Service costs & Payments

If the short-term rental proposal is accepted, Fairbnb.coop, according to the procedure stated in articles 6 and 7, will transfer to the Host the rent provided by the Guest.

If provided by each Country laws, as soon as the service will be available, Fairbnb.coop will provide money transfer from the Guest to the local municipality to pay tourist tax.

SECTION 3 – MISCELLANEA

13. Web-chat

Guest Users are entitled to use the web-chat tool available in the private area of the platform, to contact Host Users. Such a contact is intended only to let users exchange information about listings and possible short term rental agreements to be formed by means of the platform.

The web-chat is supervised by Fair BnB’s staff to prevent infringements to our policies.

The conditions set by the listings cannot be modified by the users using the web-chat.

The web-chat shows only user’s profile photo and username. Users are the sole liable about information, data, personal data and contents shared in the webchat. 

The current version of the platform does not consider users to be registered for business purposes, so additional personal data shared in the web-chat are not covered by the data processing law.

14. Liability

The fairbnb.coop platform offers only services to facilitate the meeting of users interested in concluding residential short-term rental agreements. In addition to this, Fairbnb.coop acts as a mere agent for the collection and payment of the amounts paid by Guest users.

From the above, it follows that in no way does Fairbnb.coop intervene in the performance of the personal and contractual relationship of the parties nor does it offer guarantees regarding the promises contained in the listings or in the users’ profile information.

Fairbnb.coop is therefore not liable in any way for damage or other negative effects that may result to users from the conclusion and execution of such contracts with the selected Host users.

15. Termination of User Account

Fairbnb.coop may terminate or suspend User Account at any time in the event of any conduct by the User that Fairbnb.coop, in its own discretion, may consider being in conflict with the project principles or in the event of any violation by the User of this Terms.

16. Copyright and Intellectual Property

All texts, graphics, photographs, trademarks, logos, icons, sounds, music, videos, artwork, software and computer code present on the platform are owned by or licensed to Fairbnb.coop. Such content is protected by copyright and trademark laws, trade and unfair competition laws.

The listings media-content is intended licensed to Fairbnb.coop: uploading of this content implies the acceptance of Creative Commons Attribution-NonCommercial 4.0 International Public License as you may find at this link.

17. Governing Law and Jurisdiction

According to l. 218/1995 and Reg. (CE) n. 593/2008, User Account and/or use of the platform also in this demo phase, shall be governed by and interpreted exclusively in accordance with the laws and decisions of the State of Italy, without giving effect to its conflict of laws provisions.

Consumers’ rights are protected according to the same provisions.

Civil lawsuit proceedings should be brought in Italy’s Court.

Please report any violations or claim about these Terms to Fairbnb: [email protected]

18. Consumers’ Rights

By accepting these terms the users declare to be aware of the consumer information set below and specifically confirm that no right of withdrawal is available for the services provided (according to European Directive 2011/83/EU)

19. Changes to Terms

Any change to these Terms will be labelled as a new version of this document and asked for new consent at the time of logging of the User to the platform. Also, an email will be sent to advise about the updates.

CONSUMER INFORMATION ACCORDING TO DIRECTIVE 2011/83/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

  1. a) Fairbnb.coop is a platform that offers useful services to facilitate the meeting of users interested in concluding agreements concerning the short-term rental of properties for residential use.
  2. b) The Fairbnb.coop platform and the services offered by it are owned by the Fair Bnb Network Società Cooperativa, with its registered offices in Bologna, via Alfredo Calzoni 1-3, CF: 03735181202
  3. c) Contact details of Fairbnb.coop: [email protected]
  4. d) Any complaints can be sent to the following addresses: [email protected]
  5. e) Commissions for services offered by Fairbnb.coop including taxes are 7.5% of the rent.
  6. f) No cost is charged to the consumer for registration on the platform. Service fees are only charged if short-term rental contracts are formed and unless the cancellation policy is applied. The activation/execution of the services offered to the consumer by Fairbnb.coop is immediate. Possible complaints are handled within the standard time of 72 hours, except for the times related to the communication of replies to the consumer in the event of non-electronic delivery.
  7. g) The “payment methods” of the services are the following: credit cards. 
  8. h) The right of withdrawal is not available pursuant to art. 16 of the European Directive 2011/83/EU once the provision of platform services has begun. This is necessary since the individual services subject to agreement with the consumer constitute an obligation of instantaneous delivery by Fairbnb.coop in favour of the users and determine the onset of further obligations incompatible with the right of withdrawal.
  9. i) The duration of this contract is for an indefinite period, but the user has the freedom to withdraw by using the option to cancel an account at any time or by sending a request to the address [email protected]. For services provided by the platform, there are no refunds except for the cancellation policy provided by the art. 6.