THIS DOCUMENT CONTAINS IMPORTANT PROVISIONS RELATING TO YOUR RIGHTS AND OBLIGATIONS. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY:
(i) AIRHOST REGULATION, e
(ii) THE TERMS AND CONDITIONS PUBLISHED BY AIRHOMERESTAURANT ON THE WWW WEBSITE. AIRHOMERESTAURANT.COM AND THE MOBILE AIRHOMERESTAURANT APP. THIS REGULATION AND THE GENERAL TERMS ARE CONSIDERED IN THEIR SET AS A MAIN CONTRACT.
1. Binding power of this document and the framework contract
Global Advice srl is a limited liability company under Italian law with a share capital of 20,000 euros with its registered office at Via Toledo 148 80134 Napoli (Italy), (hereinafter "AIRHOMERESTAURANT", "the platform" the "web site" or "we ").
Airhomerestaurant provides an online platform that connects the airhosts, who wish to offer gastronomic experiences, by uploading events and / or invitations to the "home restaurant", "events", "food tours" and "show cooking" sections. general, the "Experiences"), with the airguest, willing to make use of these experiences through an automated search on the platform, whose services are accessible on www.Airhomerestaurant.com and on other Web sites through which Airhomerestaurant makes the services available (commonly , "Site", "Website") and as applications for mobile devices, tablets and other smart devices and application program interfaces (commonly, the "Application").
By using the Airhomerestaurant website, you agree to be bound by the terms and conditions that constitute a contract between you and Airhomerestaurant (hereinafter referred to as the "Framework Contract").
When, at the end of reading this regulation in full, select the box to show your acceptance:
- You agree to be bound by this regulation which forms a contract between you and Airhomerestaurant (hereinafter "Airhost Regulation");
- You agree to be bound by the terms and conditions of the electronic money STRIPE, described in the appendix, drawn up by the company Stripe Payments Europe Ltd, a limited liability company with a share capital of 500,000 euros (hereinafter referred to as "Stripe"), which forms a contract between you and Stripe (hereinafter "Payment Terms and Conditions")
- You are expressly renewing your acceptance to be bound by the "General Terms".
We recommend that you read the general terms and conditions again.
The general terms and the airhost regulation form a contractual set with which you are bound when using the Airhomerestaurant site as "airhost" (as defined in the general terms).
In the event of a contradiction between a clause in general terms and a clause in the airhost regulation, what is stated in the airhost regulation prevails.
If you do not agree to be bound by the airhost regulation, you are not authorized to use Airhomerestaurant as airHost.
2. Purpose of the airhost regulation
The purpose of airhost regulation is to regulate your rights and obligations in a more specific way if you decide to use the platform's services as a host.
3. Possession of a user account
To become an air host, you must first create a "User Account" or AirGuest (as defined in the general terms) and complete it by providing, at a minimum, the following mandatory information:
- Your date of birth.
- Your kind.
- Your exact postal address.
- A photo of the profile that represents you.
- Your nationality.
- The languages you speak.
- the IBAN
Creating a user account automatically includes creating an "Account" with Stripe, as set out in the Stripe Terms and Conditions.
We recommend that you read the general terms and the Stripe Terms and Conditions for more information on this topic.
You agree to provide a profile picture that represents you with the exclusion of any other person and / or job. By uploading a photo of this type, you guarantee to Airhomerestaurant that this does not violate any intellectual property rights belonging to third parties and that you expressly authorize Airhomerestaurant to use your image and that you grant it a user license according to the conditions established in the general terms.
You agree to provide complete, accurate and honest information and to keep it permanently updated.
4. Definition of your event or invitation
It is your responsibility as an air host to precisely define your event / invitation (as defined in the general terms).
Your event / invitation will be validated on the Airhomerestaurant website as soon as the following mandatory information relating to this event / invitation has been provided:
- The start and end date and time for event / invitation.
- The postal address of the chosen location.
- The format of the meal; the menu structure; the approximate duration of the event.
- One or more photographs of the types of dishes you are likely to offer; a photograph of the place chosen for the event / invitation.
- The probability of the presence of animals.
- The minimum and maximum number of guests you are offering to invite.
- The amount per person you decide to receive (our commission to the client will be calculated automatically, in addition to the amount indicated by you), including taxes.
We advise you to consult the general terms for more details on the calculation of our commission, the payment methods used and the amount that will be calculated.
Airhomerestaurant makes a minimum check on the consistency of the information provided before validation and publication on the platform.
5. Your obligations as airhost
5.1. Principles of openness, respect, tolerance and non-discrimination
The "Contact service" (as defined in the general terms) is designed to facilitate the meeting with one or more people from different cultures during a meal you provided.
Through this service you will accept one or more "Guests" in your home, or in the structure you have identified and advertised.
You agree to respect your guests and their respective cultures and to treat them in a non-discriminatory manner.
5.2. Your obligation to offer hospitality
The fundamental principle of being an air host is to be welcoming.
You agree to receive Guests in premises that you are legally authorized to use, as owner or tenant, or as an authorized tenant under the laws in force in your country, or on the basis of stipulated commercial agreements (in the case of food tours or show cooking) ).
You agree to ensure that the premises in which you will receive your Guests are spacious and comfortable enough to accommodate all Guests and that they present a minimum level of security.
In particular, guarantee the physical security of your guests in the premises made available for the event / invitation.
You agree to guarantee that the places in which you declare to carry out the event, which are advertised, are the same ones in which the event will be hosted.
5.3. The experience of the food you offer
You agree to be as clear as possible, both on the content of your meals and, in particular, to describe them honestly and in great detail, indicating precisely all the foods and beverages used, if requested by the guest.
You agree to comply with any dietary restrictions that your guests have informed you about.
You agree to force yourself to provide healthy food and drink to your guests.
In particular, guarantee the physical safety of your guests in relation to the food and drinks provided.
Agree to participate in the gastronomic experience you offer.
5.4. Duration of gastronomic experiences
In no case will the invitation or event last more than four hours.
We automatically and without discrimination reject any event / invitation of an estimated duration of more than four hours.
5.5. Respect for your neighbors and other members of your family
You agree not to offer Invitations that would be contrary to the regulations governing your family, your roommates or your tenancy or condominium regulations.
You agree to respect your neighbors and not to behave in such a way as to cause nuisances, especially noises, to your neighbors due to an invitation or event.
5.6. Respect for the contract you offer
The definition and publication on the Airhomerestaurant website of an invitation or event constitute a pre-contractual offer.
Should you accept a User as a Guest, your pre-contract offer will become a contractual offer.
In case of acceptance by an airguest of your contractual offer before the date of the event / invitation offered (the "Term"), a contract will be signed between airguest and airHost. In case of non-acceptance by the airguest of your contractual offer before the Term, the contract will be automatically canceled.
The contract will become void if the Guest has not accepted your offer before the scheduled date of the event / invitation (the "Term"). In these cases no payment or compensation will be received.
If one or more guests accept your offer of an event / invitation, a contract will be signed between you and the Guests who have accepted your offer of an event / invitation before this Term (hereinafter referred to as "airHost-airguest Contract") . After this deadline, no other Guest can accept your event / invitation.
In any case, the available offer of the event / invitation will close as soon as the number of Guests who have accepted your Invitation will be equal to your stated maximum.
The airhost-airguest contract is signed between you and your guests, with the exception of Airhomerestaurant.
The terms and conditions of this airhost-airguest Agreement consist of the terms and conditions defined in the invitation and, if applicable, the terms of all the agreements you have entered into during direct exchanges with your guests, regardless of whether these agreements have been made through the Airhomerestaurant website.
You agree to abide by the terms and conditions of this airhost-airguest contract.
In the event of a dispute between you and one or more of your guests due to a failure by one of these parties to honor their contractual obligation, Airhomerestaurant will in no way be held responsible.
In the unlikely event that the responsibility of Airhomerestaurant is called into question by one or more of your guests due to a failure by the user to fulfill its obligations under the airhost-airguest contract, the user agrees to reimburse Airhomerestaurant for any damage that could suffer as a result (damage to the company image, economic damage, etc.).
5.7. Respect for the applied regulations
We advise you to investigate the tax, administrative or other regulations that may be necessary in the exercise of this activity in your country / region / city.
You agree, if necessary, to comply with the rules governing the premises in which an invitation / event is held.
The user agrees not to propose, offer or serve alcoholic beverages during an event / invitation except in accordance with the rules and laws of the country of reference. Alcohol abuse is a health hazard. Authorized premises are subject to specific regulations and non-compliance is subject to criminal penalties.
You agree not to earn a professional income from an event / invitation. If you do, you accept as professional cooks to comply with the regulations and taxes applicable to your business.
You agree not to regularly organize events / invitations. If you do, you agree as a professional chef to comply with tax regulations and other specific health regulations relating to your normal business, which is subject to taxation and other specific authorizations.
Also you agree:
- To welcome guests exclusively in your home or in premises or structures of which you have full legal possession or by virtue of commercial agreements sanctioned in writing and possibly subject to registration or taxation, if due in your country.
- Where applicable, to comply with any rule that governs the premises in which the invitation is received.
- Do not accept unexpected visitors during an event.
- Do not offer more menus during an event.
- Respect the rules of hygiene and cleanliness relative to the premises, the correct preservation of food and the drinks offered during an event.
- Do not offer accommodation to your guests as part of an invitation.
6. Responsibility - Insurance
Under no circumstances will we be liable in the event that you do not comply with all or part of the obligations mentioned above. You agree to take charge personally of any complaint from your guests, at your personal responsibility in the event that you do not have to comply with your obligations and you grant us and hold you free from any liability against any recourse or dispute or request for damages from the your guests in relation to your invitation / event.
You assure us that you have adequate civil liability insurance to cover these risks and you agree to provide us with a complete copy within three (3) days of any request from us.
The Airhomerestaurant platform acts as a trusted intermediary between airhost and airguest and is maintained through the cost of the service included in the booking of each guest.
7. Risks associated with being an airhost
You acknowledge and accept that the fact of being a host involves certain risks and, in particular, without this list being exhaustive, the risk that one of your guests may break or damage your home or property or the premises where the gastronomic experience; the risk that one of your guests may become ill and / or infect or infect you or other guests; the risk that one of your guests may disclose and / or use the personal information communicated by you, for purposes other than the invitation published on Airhomerestaurant.
Airhomerestaurant will in no case be held responsible for such damages.
8. Intellectual property - image rights
Accept that no photograph you choose to publish on the Airhomerestaurant website should show an identifiable person other than you.
You agree not to post any photos on the Airhomerestaurant site that has not been taken personally.
You guarantee that you are the owner and / or licensee of the use of all intellectual property rights on the content you choose to publish and / or transfer through Airhomerestaurant and that this content is not "Illicit Content".
Guarantee Airhomerestaurant against any action by guests or third parties caused by failure to comply with this commitment.
We remind you that this content, known as "User Content", is governed by the general terms and we advise you to read it again to become familiar with the precise details of your rights and duties in this regard.
9. Modification of the AirHost regulation
This AirHost regulation is a membership agreement that can be unilaterally changed only at the discretion of Airhomerestaurant.
Airhomerestaurant reserves the right to modify the AirHost regulation at any time. Any changes to this regulation will come into effect when it is published on the Airhomerestaurant website and can be notified by e-mail to the address you provided in your user account.
By continuing to use Airhomerestaurant as airHost, you agree to be bound by the modified AirHost regulation.
If you do not accept the changes that have been made, you can no longer use Airhomerestaurant as airHost and you are obliged to stop offering invitations to events.
To ensure you are fully informed, the implementation date of each modified AirHost regulation is indicated in the title of the document.
You represent and warrant that you are a person over the age of 18 and / or have the capacity to understand and wish and have the legal capacity to enter into a contract.
Use of the Airhomerestaurant Website as airHost is considered null and void if it is done in violation of this regulation.
BY USING THE WEBSITE, THE USER REPRESENTS AND WARRANTS THAT THE USE OF THE AIRHOMERESTAURANT WEBSITE AND INVITATIONS TO EVENTS THAT PUBLISH ON THE PLATFORM DO NOT AFFECT ANY LAW OR REGULATIONS IN FORCE IN THEIR OWN RESIDENCE OR EVENT CONDITION.
11. Exclusion - Withdrawal of access to the Airhomerestaurant site
Without prejudice to your right to file a claim against you and / or to claim damages, Airhomerestaurant reserves the right to withdraw your access to the website, unilaterally and without notice, in the event of failure to comply with the AirHost regulation.
12. APPLICABLE LAW
this regulation airhost is subject to Italian law.
13. COMPETENT JURISDICTION - CLAUSE PROVIDING JURISDICTION
The regulation is regulated and interpreted in accordance with Italian law and the restaurant and of the restaurant and of any show of disputes, including disputes relating to any non-contractual obligations, which may arise from, in connection with, this agreement to the exclusive jurisdiction of the Court of Naples (Italy).
14. Amicable resolution of disputes
Before taking legal action in the event of disputes, we will try to resolve the disputes, through a proposal for the MEDI civil mediation institute in Naples, in accordance with Italian law.