General terms and conditions
THIS LONG DOCUMENT CONTAINS IMPORTANT CLAUSES RELATED TO YOUR RIGHTS AND OBLIGATIONS IN THE USE OF THE WEBSITE ACCESSIBLE AT THE ADDRESSES WWW.AIRHOMERESTAURANT.COM AND ALL THE OTHER DOMAINS OF REDIRECT TO THE SITE, AND ON THE MOBILE APPLICATIONS OF AIRHOMERESTAURANT. THIS DOCUMENT REPRESENTS THE MAIN CONTRACT, COMPLETED BY OTHER SPECIFIC DOCUMENTS FOR HOST AND GUEST.
THIS REGULATION IS DRAWN UP IN THE ITALIAN LANGUAGE AND TRANSLATED INTO THEIR RESPECTIVE LANGUAGES PRESENT ON THIS PORTAL, THEREFORE ANY INTERPRETATIONS OR GRAMMARICAL OR CONCEPT ERRORS MUST BE REPORTED TO THE TRANSLATION FROM THE ITALIAN LANGUAGE
1.1 AirHomeRestaurant manages websites, social media channels, APIs and applications and provides a platform, services and marketplaces through which users can issue invitations that offer to host or facilitate meals (or other social meetings) ("Hosted events") that others can accept.
1.2 The use by the user of AirHomeRestaurant and the services offered by AirHomeRestaurant is governed by these terms and conditions reported in this document and in the documents referred to in this document.
1.3 In this regulation, users who issue invitations or events or presentations are referred to as "AirHost" or "AirChef" and users who accept invitations are referred to as "AirGuest" (as guests or users). A single user can be an AirHost, AirChef or an AirGuest in relation to different events. AirHomeRestaurant provides a global market that allows Hosts, Chefs and Guests to meet each other.
1.4 Unless AirHomeRestaurant expressly agrees to the contrary in writing, all your relationships with AirHomeRestaurant will be subject to the terms and conditions set forth in the clauses of this regulation and the respective extensions. By using the AirHomeRestaurant, you agree to be bound by these conditions.
1.5 These terms and conditions may be updated from time to time, updates will be posted on the AirHomeRestaurant website. We may also change the operation of the services and the amounts charged and the payment mechanisms. These changes will not have a retroactive application. If the modified terms and conditions are not acceptable, the only solution is to stop using the AirHomeRestaurant platform and related services. If you do not cancel registration with AirHomeRestaurant, you will be deemed to have accepted the changes.
1.6 Without prejudice to your compliance with these terms and conditions, AirHomeRestaurant grants you a limited, non-exclusive, non-transferable license to download and install a copy of the applications that are part of the AirHomeRestaurant site on each mobile device or computer of which you own or checks, and use the platform solely for personal use. You agree to adhere, in addition to these terms and conditions, to the terms and conditions applicable to the device on which you run the application and the store from which you download it. AirHomeRestaurant reserves all rights to the application not expressly granted by the terms and conditions reported in this regulation.
1.7 If you do not agree to be bound by the terms and conditions set forth in this document, you cannot use the AirHomeRestaurant platform or its services.
2.1 Unregistered visitors can view the AirHomeRestaurant website. Only registered users can publish content on the AirHomeRestaurant site and create or accept invitations, or release reviews. Registered users are identified on the AirHomeRestaurant website with their name and city and country.
Users: By registering on the AirHomeRestaurant site, you will become an AirHomeRestaurant User. The user can be airhost, airchef, airguest, in single or cumulative mode. The user will use the AirHomeRestaurant website and its services exclusively for lawful purposes and where it is permissible to use them.
2.2 You acknowledge and agree that, by accessing or using the AirHomeRestaurant website and its services, or downloading or publishing any content from or on the AirHomeRestaurant website, you declare that you have read and understood and agree to be bound by all the rules set forth in this document. If you accept the terms and conditions set out in this document for yourself or on behalf of a company or other legal entity, you declare and guarantee that you have the right, faculty and legal representation to bind that company or other legal entity to these terms and conditions and, in this case, the terms "you" and "yours" will refer to and apply to that company or other legal entity you represent.
2.3 By registering with AirHomeRestaurant the user agrees to join:
- the "AirGuest" regulation in relation to any invitation, event or service accepted;
- the "AirHost" regulation in relation to any Invitation or event you publish.
- the "AirChef" regulation in relation to any service or event you publish.
You can block or freeze your registration or presence on the site at any time by following the instructions on the AirHomeRestaurant website. After 30 days from the blackout of the profile, you can request to permanently cancel your registration on the site, and in this case we will delete all personal identification information to the extent required to comply with applicable laws. You agree that we can stop the registration of any user at any time in our sole discretion.
2.4 Registration and access to AirHomeRestaurant services are intended exclusively for persons aged 18 or over. Any access or use of the AirHomeRestaurant by children under 18 is expressly prohibited. By using AirHomeRestaurant you declare and guarantee that you are at least 18 years old.
2.5 The user agrees to participate in the registration process honestly and completely, and to keep the registration and other personal information accurate and up to date. It is possible to keep only one registration with AirHomeRestaurant and it is not possible to register as a user on behalf of third parties. Registration with AirHomeRestaurant is personal and cannot be sold or transferred without the prior written consent of AirHomeRestaurant. You agree not to disclose your AirHomeRestaurant access data to third parties. You agree to obligatorily upload your profile photo that refers exclusively to you and identifies you in an irrefutable manner.
2.6 By registering as a user with AirHomeRestaurant the user accepts that AirHomeRestaurant can request information on sensitive user data, essential for completing the registration or reservations, such as the IBAN address or credit card number. If AirHomeRestaurant requests such data, it will request it and use it in accordance with applicable law.
2.7 If you link the registration to an accepted third party social network site or service, you declare that you are legitimately able to do so and that this link is in compliance with all the terms agreed by the user and the third party and that they will not translate into obligations or responsibilities of the AirHomeRestaurant.
2.8 You will have to accept the terms and conditions of our payment provider when you register to make or receive payments.
3. Our content and your use of the AirHomeRestaurant site
3.1 Apart from the contents generated by registered users, all the elements that make up the AirHomeRestaurant site and the relative services (including, without limiting the generality of this provision, its content, graphics, applications, software, functions and other functionality) belong to AirHomeRestaurant (or the legal entity to which AirHomeRestaurant grants you a license). The user agrees that he has no right to claim the use of the site or any part of it, or services, otherwise to view the contents and use the communication facilities in relation to the organization and promotion of hosted events and the issue , acceptance and payment of invitations in accordance, in each case, with these terms. You agree that you are not authorized to reproduce, distribute, emulate, publish or imitate any part of the AirHomeRestaurant without the prior written consent of AirHomeRestaurant.
3.2 In the use of AirHomeRestaurant you agree not to take any action aimed at tarnishing, denigrating, insulting or otherwise damaging the Airhomerestaurant brand;
3.2.2 Use Airhomerestaurant for commercial or other purposes that are not expressly permitted by these terms and conditions.
3.2.3 Use software, devices, scripts, robots, bots or other manual or automated means or processes to:
- access, tamper with or hack any Web page or other services contained on the Airhomerestaurant website,
- collect information, data or other content from Airhomerestaurant in a fraudulent manner
- access, tamper with or use non-public areas of Airhomerestaurant
- attempt to probe, scan or test the vulnerability of any part of one of the Airhomerestaurant websites or of the security or authentication measures of Airhomerestaurant
- damage, disable, overload or alter any part of the Airhomerestaurant site or app
- transmit any element containing computer viruses or any code, file or computer program designed to interrupt, destroy or limit the software, features, computer or telecommunications equipment;
3.2.4 Register and / or use any intellectual property of Airhomerestaurant or in the name "Airhomerestaurant" or its logo (or derived terms or terms that are confusingly similar or similar) any domain name, trade names, trademarks or other identifiers of origin, trademarks, slogans, promotional campaigns or anything else that violates the rights of Airhomerestaurant or the rights of any other person or entity or that can create confusion in the identification of the Airhomerestaurant brand;
3.2.5 Copy, store or otherwise access or use any information contained in any part of the Airhomerestaurant website for purposes not expressly permitted by these terms and conditions or to use, display, any single element within Airhomerestaurant such as name, brand, logo or other information, or the layout and design of any page or form contained on an Airhomerestaurant page, without the express written consent of Airhomerestaurant;
3.2.6. Interfere with or damage the Airhomerestaurant website or app (including, without limiting the generality of this provision, the use of viruses, cancel bots, Trojan horses, malicious codes, or similar technologies) or in connection with the distribution of and -mail or unsolicited advertising (other than Airhomerestaurant);
3.2.7 annoy or harass any other Airhomerestaurant user, or collect or store personally identifiable information about any other user (except for transaction purposes such as Guest or Host);
3.2.8 Contact any user with a different user than the one registered on Airhomerestaurant;
3.2.9 Recruit or otherwise request an Airhomerestaurant user to join a third party service or website regardless of whether or not it is competitive with Airhomerestaurant, without prior written approval from Airhomerestaurant;
3.2.10 Avoid, circumvent, remove, disable, compromise, confuse, reverse engineer or otherwise evade any technological measures implemented by Airhomerestaurant or any supplier of Airhomerestaurant or any other third party (including another user) to protect any part of the Airhomerestaurant site, forging any header of the TCP / IP package or any part of the header information in any e-mail or newsgroup message, or in any way using any part of the Airhomerestaurant website to send alteration, misleading or false identification of the information source or attempt to decipher, decompile, disassemble or decode the software used to provide any part of any Airhomerestaurant service.
3.2.12 Support, encourage or assist third parties in doing the above.
3.3 The user undertakes not to remove, alter or obscure any copyright, trademark, service mark or other information on the ownership rights incorporated or associated with Airhomerestaurant and ancillary documentation. You further agree not to use, copy, adapt, modify, prepare derivative works based on, distribute, license, sell, transfer, publicly display, publicly perform, transmit, transmit or otherwise exploit Airhomerestaurant except as expressly permitted in these T & C. No license or right is granted to the user implicitly or otherwise based on intellectual property rights owned or controlled by Airhomerestaurant or its licensors, except for the licenses and rights expressly granted in these T & C.
4 your content
4.1 Registered users can publish content on the Airhomerestaurant website. Anything that is published (or otherwise visible) on an Airhomerestaurant site is considered for the purposes of these T & C user-published content ("User Content"). It is not necessary to modify or moderate the Content unless it is necessary to ensure compliance with these T & Cs or with your prior consent. You agree that if you have linked your account with the registration to any third-party service, the services can exchange information and you believe that you have published all the information made available by the third-party service following the linked accounts.
4.2 You are responsible for all your content. To register for the use of Airhomerestaurant, you accept that:
4.2.1 Any representation you publish is true;
4.2.2 The user must not use the Airhomerestaurant website to offer products or services other than those provided for in the Airhomerestaurant services, consisting of automatic booking tools aimed at facilitating the AirGuest in choosing the AirHosts and AirChef in the purchase of the following services: Home restaurant, food and wine events, food tours, chef at home.
4.2.3 It is not permitted to publish, upload, send or transmit anything that:
(i) violates, misappropriates or violates the rights of patents, copyrights, trademarks, trade secrets or other intellectual property rights or advertising rights of third parties, or privacy or rights to an image; or
(ii) violates or encourages any conduct that may violate any applicable law or regulation or give rise to civil or criminal liability or could result in antisocial behavior; or
(iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or misleading; or
(iv) is defamatory, offensive, threatening, harassing or obscene, pornographic, vulgar or otherwise deemed offensive by a reasonable person; or
(v) is discriminatory, prejudicially intolerant, racist, hate-inspired, harassing or harmful to any individual or group, anti-Semitic, pornographic, pedophilia, incitement to violence, racial or ethnic hatred, illegal or that is in any other way reprehensible; or
(vi) is violent or threatening or promotes violence or actions that threaten any person or group; or (vii) promotes illegal or harmful activities or substances; or
(viii) condone or promote any of the things listed in (i) a (vii);
4.2.4 None of the User Content includes images that are not owned or that include or depict identifiable people who have not allowed the use of the image (and, in the case of images taken at a hosted Event, in relation to which the relevant Host has consented to the publication);
4.2.5 The user must not use Airhomerestaurant per
(i) transmit, distribute or send any information relating to any other person or entity (including, without limiting the generality of this provision, photographs, contact information or sensitive data or credit, debit, bank or other account numbers) without subject to authorization by the person concerned; or
(ii) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
4.2.6 All your content can be made public and associated with you;
4.2.7 Airhomerestaurant has no obligation to store and / or publish the Content (and Airhomerestaurant may at any time and without prior notice cancel the Content from any part of the Airhomerestaurant Website);
4.2.8 Although you remain the owner (and manager) of your Content, nothing in any relationship between you and Airhomerestaurant operates to transfer to you any intellectual property rights;
4.2.9 Grant (or procure the concession) a non-exclusive, transferable, sublicensable and non-claimable worldwide license to Airhomerestaurant to use all the content (and all related intellectual property) in any content made available to you on Airhomerestaurant;
4.2.10 Airhomerestaurant may modify, reproduce (in whole or in part), translate, advertise, group and otherwise treat the Content you published (or elements of it) as it deems appropriate;
4.2.11 Airhomerestaurant can use and exploit the Content (and the information that Airhomerestaurant acquires about you) to communicate with you, direct advertising to you and develop, implement and perfect marketing campaigns and promote the Airhomerestaurant Services in general;
4.3 The user accepts that any photograph of the profile that is uploaded is an honest representation of you and does not violate any intellectual property right belonging to third parties and expressly authorizes Airhomerestaurant to use your image.
4.4 By accepting these T & Cs, Airhomerestaurant is granted a worldwide, irrevocable, perpetual (or for the duration of the protection), non-exclusive, transferable, rights-free license, with the right to sublicense, use, view, copy, adapt, translate , modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, access, display and otherwise exploit User Content (which may include publication on, through, via Airhomerestaurant and may also include promotion or the marketing of Airhomerestaurant), Airhomerestaurant claims no ownership rights in the User Content and nothing in these T & Cs will be considered as a limitation of the rights that may be necessary to use and exploit the User Content.
4.5 Airhomerestaurant may provide links or references to other websites, services, publications or applications. Airhomerestaurant issues and does not provide any statement, approval, guarantee or confirmation regarding the reliability of such websites, publication of services or applications and, by accepting these T & C's, you agree not to rely on Airhomerestaurant during the evaluation or the use of Airhomerestaurant that no circumstances will be liable to you for any errors in websites, services, publications or applications for which you are not the owner and / or responsible. Airhomerestaurant assumes no responsibility for the content of websites linked to our site. Airhomerestaurant will not be responsible for any loss or damage that may arise from its use. In this context, you confirm that Airhomerestaurant is not responsible for the actions or failures of its payment providers.
4.6 The user accepts that Airhomerestaurant can (but is not obliged to) hire translators and copy editors (and can apply automatic translation and copy editing services) to its content to change the style or language used by the user.
5.1 By accepting these T & Cs you agree that Airhomerestaurant can collect and analyze the data resulting from your use of the Airhomerestaurant site and services and can use and sell the resulting information.
5.2 Airhomerestaurant will do everything reasonably possible to ensure that, unless you agree to the contrary, your personal information will not be disclosed to third parties except to the extent necessary to carry out a reasonable verification, necessary to provide the Airhomerestaurant Services or to manage the Website or as permitted by clause 5.3.
5.3 The user expressly authorizes us, without further notice, to store, transfer and disclose data and other information relating to the user or his transactions, including, but not limited to, personally identifiable information to any relevant tax or other government or competent legislation or law enforcement authority or agency that claims to be entitled to such information.
5.4 To the extent required by the applicable law, Airhomerestaurant, at the motivated request of the registered user, erases all personal information of the registered user. However, Airhomerestaurant may, based on applicable laws, retain data that may have been obtained from previous interactions with Airhomerestaurant, provided that such data cannot be linked to a single person.
5.5 Airhomerestaurant reserves the right to commercialize the results of this automatic data management.
5.6 You agree not to do anything to create a false impression of being approved, cooperating or acting in the name or on behalf of Airhomerestaurant, including misuse of any Airhomerestaurant intellectual property.
6. Hosted events
6.1 Airhomerestaurant is an online platform designed to allow Hosts to create invitations to dinners, events, tours or show cooking or chefs at home, and Guests to know and book events hosted directly by the hosts or book chef services at home. The user understands and accepts that Airhomerestaurant is not part of the agreements between host or chef and guests and that Airhomerestaurant has no control (and not responsibility or obligation towards the user) of the conduct of host, chef, guests, other users of Airhomerestaurant or others that attend or facilitate hosted events. You agree that Airhomerestaurant is not liable for any damage resulting from your interactions with other Airhomerestaurant users and you accept that (to the maximum extent permitted by law) Airhomerestaurant disclaims any liability arising from your conduct or any other person.
6.2 By accepting these T & C you agree to comply with all applicable laws and regulations (including without limiting the generality of this provision, the tax and administrative regulations) that apply to any service transited through the web platform.
6.3 The user accepts that Airhomerestaurant cannot in any case be held responsible for any inconvenience during an invited event or for a service offered by a home chef or for a hosted event that has not been run smoothly or as advertised or otherwise unsatisfactory.
6.4 In certain circumstances, Airhomerestaurant may decide, in its sole discretion, that it is necessary or appropriate to cancel a hosted event. In these circumstances Airhomerestaurant may determine, in its sole discretion, the reimbursement to the Guest of all or part of the amounts charged to the guest. You agree that Airhomerestaurant and the relative Guest or Host or chef have no responsibility to you regarding such cancellations or refunds.
7. Financial provisions
7.1 At the time of the publication of invitations or events or services by the hosts or chefs, all the costs and commissions that are charged to each Guest are indicated, the price displayed by the guest is all-inclusive of all costs relating to the hosted event presented on Airhomerestaurant (the "Guest expenses"). Airhomerestaurant organizes a service for such withdrawal and custody costs in a trust account of a third party under the conditions that the funds will be paid in accordance with these T & C (organizing this withdrawal and custody service constitutes a part of the AirHomeRestaurant Services). AirHomeRestaurant may charge Guests for the use of AirHomeRestaurant Services. The acceptance of a service, invitation or event through the AirHomeRestaurant platform constitutes an agreement for the payment of the guest's fees and any fees of the AirHomeRestaurant (the "transaction fees"). The total amount of transaction fees is the amount payable by the Guest in relation to each invitation, event or service when the Guest accepts them.
7.2 Where applicable, AirHomeRestaurant Commissions are calculated as a variable percentage of the Guest's Expenses as a service provided for the facilitation of the choice through an automated search procedure. Each AirHomeRestaurant commission is charged to the Guests and calculated and debited together with the payment of the Guest's Expenses. To the extent that the AirHomeRestaurant Rates are subject to sales taxes, such as VAT, these taxes will be included in the total amount payable by the Guest in relation to transaction fees. Where AirHomeRestaurant charges AirHomeRestaurant fares, upon request, it will provide an invoice in relation to these AirHomeRestaurant fares, identifying separately any sales taxes charged by AirHomeRestaurant. The reference currency for all transactions made through the Airhomerestaurant platform is the Euro. Any exchange rates or exchange fees that may arise in the case of transactions in currencies other than the euro, are not calculated by Airhomerestaurant, but will be charged directly to the guest based on the respective payment systems used, and in the event of transfer funds for hosts or chefs in a currency other than the euro, exchange rates and commissions are directly applied and withheld by the payment system used by Airhomerestaurant, and in any case outside of Airhomerestaurant. The relative conditions are in no way attributable to Airhomerestaurant as they are managed directly by the payment system provider indicated in the host and chef terms and conditions, and can be consulted on the respective website.
7.3 Hosts agree and acknowledge that they are responsible for the fulfillment of all their fiscal obligations (including sales taxes including, but not limited to, VAT) if these are imposed at the state, local or other level. Airhomerestaurant assumes no obligation in this regard. In particular, Airhomerestaurant assumes no responsibility (actual or presumed) to notify or explain to Guests, or to inform them of the VAT treatment or sales taxes of any guests or hosted events.
7.4 If AirHomeRestaurant requests it for the purposes of its relations with any competent authority, tax or regulatory, the Hosts, chefs and Guests must provide AirHomeRestaurant, promptly upon request, with any information, data, documentation and / or copy of the communications (both in electronic format or other) that refer to the hosted events in which they participated. Merchants must, upon request, provide AirHomeRestaurant with all reasonable assistance in any discussion or dispute with any tax authority regarding VAT treatment or taxes on hosted events in which these hosts have participated. Each host and chef agrees to reimburse AirHomeRestaurant for any tax or similar sales tax obligations that AirHomeRestaurant is required to pay and which derive entirely from the events hosted by that host.
7.5 It is possible to make payments only in relation to invitations, events or services transited on the AirHomeRestaurant through the payment processing facilities provided on the AirHomeRestaurant, subject to special agreement with AirHomeRestaurant through its direct booking services or through a third party agency authorized by AirHomeRestaurant to provide parts of AirHomeRestaurant services related to payment processing. Please check with AirHomeRestaurant to ensure that any third party you are negotiating with is properly authorized by AirHomeRestaurant. If the hosted invitation is made through an authorized third party, the guest may not be required to pay commissions to the AirHomeRestaurant, but the authorized third-party agent may instead charge an administrative fee.
7.6 You agree that the sole and exclusive role and responsibility of AirHomeRestaurant (and of its authorized third party agents) in providing its Services related to the processing of payments is to organize the collection of payments from Guests and to pay the amounts collected in accordance with the present T & C (and you agree that AirHomeRestaurant will have no other or additional liability towards you in relation to any payment made)
7.7 Payments are made by Guests through selected payment providers. The terms on which the payment providers hold the funds are indicated in their terms. It is possible that they receive amounts owed to the hosts by payment providers, where these funds are held in a bank account (separate from the AirHomeRestaurant bank account) until they are transferred to the Host (or, if applicable, repaid to the Guest).
7.8 AirHomeRestaurant can "round up" the numbers to the nearest functional base unit in the relevant currency. AirHomeRestaurant with currency exchange traders and registered users accept risks in exchange rate fluctuations
8. Insurance, disputes, termination and refunds
8.1 Guests may have to cancel an invitation to an event or to the services chosen, which they have previously accepted, in such cases, please contact AirHomeRestaurant at support@AirHomeRestaurant.com. Hosts and chefs qualify for a full refund of guest expenses if
(a) the guest notifies AirHomeRestaurant and the host or chef of the cancellation during normal business hours in Italy (from 9.00 to 17.00 on weekdays other than holidays) at least 48 hours before the date which is the relevant event hosted or
(b) if the host cancels the hosted event for any reason.
8.2 We hope that all Guests enjoy every service or event hosted, however, and if a Guest believes that the Host or the chef has not fulfilled an essential obligation of the Hosted Event or service, the Guest may up to midnight of the day following the date on which the related event took place, request that the entire part or part of the payment be refunded using the request form on the page that summarizes the booking or by sending an e-mail to support @ AirHomeRestaurant. com specifying the reference to the hosted event, identifying the host or chef, specifying the amount of transaction fees, indicating how much the Guest wishes to be reimbursed and providing as much information as possible in relation to the problem / relevant failures / reasons for which considers the payment to be reimbursed.
8.3 In any case the onsite, the host or the chef agree to exempt Airhomerestaurant from any civil, penal or administrative responsibility for all the acts carried out by them and claimed by third parties.
8.4 If you have a dispute concerning a hosted event, we invite you (even if it is not mandatory) to contact our claims department to try to resolve the dispute amicably. Our claims service can be contacted by e-mail at the following address: support@AirHomeRestaurant.com
8.5 It is important that if, as a Guest, you are not satisfied with a service or a Hosted Event, you are notified the AirHomeRestaurant before midnight on the day following the date on which the relevant Hosted Event was scheduled. Once AirHomeRestaurant has released funds to the Host relating to the hosted event, or to the chef regarding a service provided, it is not able to offer guests any remedy.
8.6 Following the receipt of a refund request, AirHomeRestaurant can request that an amount up to the full value of the transaction fees paid by the guest (less the payment transaction costs and any third-party agency fees that AirHomeRestaurant does not have the right to recover) is reimbursed to the Guest. If, however, AirHomeRestaurant believes that the complaint is without merit, limited merit or that AirHomeRestaurant is unable to assess the merits of the claim, then AirHomeRestaurant can establish that the whole or part of the transaction fees are paid to the Guest and / o that the balance (if present) is withheld pending the resolution of the dispute between the Guest and the host. If this resolution has not been reached within six months, AirHomeRestaurant can establish that 50% of the disputed amount is distributed to the Host and 50% to the guest (and AirHomeRestaurant rates must be paid in any case to AirHomeRestaurant) they can make other agreements that at that time seem appropriate (which may include payment as indicated by a court of competent jurisdiction). AirHomeRestaurant will have no further responsibility towards the guest and the host or the chef in relation to this refund request. You agree to abide by the decisions made by the AirHomeRestaurant (even if this decision may not be the best for you).
8.7 AirHomeRestaurant agrees to do everything possible to assess the merits of the complaints and to act in good faith towards the host, chef and guests, however the user agrees not to charge any liability to airhomerestaurant for him for any evaluation made in relation to on the merits of any complaints between chefs, hosts and guests
8.8 AirHomeRestaurant will do its best to make refunds to Guests through the same payment method through which the payment was originally made. Where it is not possible to make such reimbursement, another verification or the request for indication of another modality may be necessary for the accreditation to be carried out, before the refund can be processed. The Guest undertakes to bear the cost of currency exchanges and risks arising from exchange rate fluctuations.
8.9 By accepting these T & Cs you agree that if AirHomeRestaurant has followed the above mentioned procedures in good faith, it will have no further or other responsibility or obligation towards the user.
8.10 AirHomeRestaurant has no responsibility for deficiencies of a payment manager or an authorized agent.
9.0 The AirHomeRestaurant platform acts as a trusted intermediary between host, chef and guests and is maintained through the cost of the service included in the booking of each guest. In the event that a Host, chef or Guest offer payment alternatives outside the platform, AirHomeRestaurant is no longer able to extend its warranty to the Host or to the Guest or the chef and reserves the right to disable the Host or chef's AirHomeRestaurant account.
9 Exclusions and limitations of liability of AirHomeRestaurant
9.1 The user accepts the release or acceptance of an invitation, event or service passed through AirHomeRestaurant without creating any relationship with AirHomeRestaurant as expressly provided for in these T & C. AirHomeRestaurant does not control, and has no right to control, your invitation, event or service, your offline activities associated with your AirHomeRestaurant, or any other matter relating to any event invitation or service you post.
9.2 Registered Users are required to provide accurate personal information, to publish reliable and detailed content, not to make incorrect, fraudulent or misleading statements or statements. By accepting these T & Cs you agree that AirHomeRestaurant, its payment providers and / or other partners may request verification of your identity (and you agree to satisfy such requests as reasonable) and may use other information or resources at your disposal to verify your identity, to undertake regulatory controls and to help limit misuse of AirHomeRestaurant and other services provided by payment service providers and other partners. AirHomeRestaurant however, does not assume any obligation towards the user and does not represent, promote, guarantee or confirm the identity of any user or the accuracy of any content or representation made by any user.
9.3 AirHomeRestaurant will not be liable to any user for any loss or damage, whether in the contract, unlawful (including negligence), violation of legal duties, or otherwise, even if foreseeable, arising from or in connection with the Use, or inability to use any service on the AirHomeRestaurant;
9.4 AirHomeRestaurant will not be responsible for:
9.4.1 Loss of profits, sales, business or revenue;
9.4.2 Business interruption;
9.4.3 Loss of anticipated savings;
9.4.4 Loss of business opportunities, goodwill or reputation; or
9.4.5 Any indirect or consequential loss or damage.
9.5 AirHomeRestaurant will not be liable for any loss or damage caused by a virus, a distributed denial-of-service attack or other technologically harmful material that could infect the computer equipment, computer programs, data or other proprietary material to because of the use of our site or for downloading any content on it, or on any website linked to it.
9.6 By using AirHomeRestaurant, you agree not to attempt to impose liability or seek any legal remedy by the AirHomeRestaurant in connection with actions or omissions.
9.7 The user accepts that to the maximum extent permitted by law AirHomeRestaurant has no responsibility towards the user in relation to any error, suspension or general or specific interruption in any service offered by AirHomeRestaurant or error or omission in the information or processing provided on or from the AirHomeRestaurant website or from the loss of information provided to the AirHomeRestaurant websites.
9.8 AirHomeRestaurant's liability towards the Host and the chef is limited to the amount collected by AirHomeRestaurant as an Host or chef's agent in relation to the Hosted Event or service to which the related claim refers and is not paid at Host or chef (or, where appropriate, reimbursed to the Guest) in accordance with the present T & C.
9.9 The liability of AirHomeRestaurant towards the guest is limited to the commission paid by the guest in relation to the hosted event or service to which the relative claim refers.
9.10 You agree and confirm that if you choose to use the AirHomeRestaurant website to enter into agreements with another person (as Guest or Host), you must enter into an agreement with that other person (this agreement may be or understand the terms and conditions under which the invitation or service is offered and accepted). You agree to adhere to the terms of this agreement. You acknowledge and agree that you, and not AirHomeRestaurant, are responsible for ensuring that each counterparty to any such agreement complies with the terms of that agreement and meets all the obligations that the other party has towards you. By accepting these T & Cs you also agree that AirHomeRestaurant is not part of any agreement between any other person (whether as a guest, host, chef, agent or in any other capacity) and the AirHomeRestaurant user has no responsibility towards the user or any other person resulting from or related to agreements between guests, host and / or chef.
9.11 Pursuant to the provisions of clause 9, the user accepts that none of AirHomeRestaurant, its administrators, employees, agents or other representatives is liable to the user for any damage, direct or indirect, resulting from the use of the AirHomeRestaurant also if AirHomeRestaurant has knowledge or has been informed of the likelihood of such damage occurring.
10 Cancellation and suspension
10.1 You can stop recording at any time by sending us an e-mail from the e-mail address registered at support@AirHomeRestaurant.com
10.2 AirHomeRestaurant can interrupt or suspend the registration for convenience at any time by giving notice by e-mail to the registered e-mail address.
10.3 If the registration is canceled, all the hosted events in relation to which the invitation was issued will be automatically canceled and all hosted events for which an event, invitation or service has been accepted will be automatically canceled. Depending on the applicable cancellation policy, an appropriate refund may be issued.
11.1 You declare and guarantee to AirHomeRestaurant that you are a person over the age of 18 and / or have the legal capacity to enter into a contract.
11.3 If you become aware of any content on one of the AirHomeRestaurant websites that you suspect has been published in violation of these T & Cs, please notify us via e-mail at support@AirHomeRestaurant.com. It will be useful if you are able to include
(a) details of the content in question,
(b) information to allow us to locate the content in question on the AirHomeRestaurant site,
(c) your contact details (full name, postal address, telephone number, email address and, if applicable, the name of the company on which you are contacting us, your postal address, your registration number) ,
(d) a declaration, where applicable, that you are the owner of the intellectual property rights or rights to an image or to the person concerned or authorized to act in the name of the owner.
11.4 You acknowledge and agree that AirHomeRestaurant can store personal and other information about you on your electronic devices in the form of "cookies" and other programs and devices. The use of these only concerns the operation of the AirHomeRestaurant website. You acknowledge and agree that if you do not authorize or limit the placing of cookies on your devices, this prohibition or restriction could have a negative effect on your use of the AirHomeRestaurant. You acknowledge and agree that AirHomeRestaurant can also store your personal information on computers and servers in Europe and beyond its borders. By using the AirHomeRestaurant website, you acknowledge and agree that AirHomeRestaurant may, in its sole discretion, store or disclose such information if required by law or if there are serious reasons to believe that the storage or disclosure of such information is necessary to comply to a legal procedure.
11.5 The editorial director of AirHomeRestaurant Website is the director of Global Advice Srl, Mr. Pasquale Limatola. The AirHomeRestaurant website is hosted and managed by Global Advice Srl.
11.6 For any questions relating to AirHomeRestaurant Websites or AirHomeRestaurant Services you can contact us by the following means:
• By e-mail to the following address: support@AirHomeRestaurant.com
11.7 Reference to these T & Cs for:
11.7.1 A "person" or "company" includes a reference to all natural or legal persons, partnerships, trusts, companies, governments or departments of local authorities and other bodies and associations (both corporate and unincorporated);
11.7.2 An individual includes, where appropriate, his personal representatives;
11.7.3 The singular includes a reference to the plural and vice versa; is
11.7.4 A genus includes every genus (feminine, masculine and neutral).
11.8 References to AirHomeRestaurant in the context of obligations or liabilities due to AirHomeRestaurant or other benefits or insurance given to AirHomeRestaurant must be understood as references also to any company that is a subsidiary of AirHomeRestaurant.
11.9 No breach or delay by AirHomeRestaurant in the exercise of any right or remedy under these T & C must be interpreted as a waiver of this right or remedy nor any single or partial exercise of any right or remedy precludes the further exercise of this right or remedy. the waiver by AirHomeRestaurant of any violation of these T & Cs will be considered as a waiver of a previous or subsequent violation. The rights and remedies provided in these T & Cs are cumulative and are not exclusive of any rights or remedies provided by law.
11.10 These T & Cs and the documents referred to in these T & Cs (as from time to time updated from time to time) constitute the entire agreement between you and AirHomeRestaurant that regulate our relationships and replace all other agreements between you and AirHomeRestaurant before the date of these T & Cs, which will cease to have further effects.
11.11 If a provision of these T & Cs is deemed illegal or unenforceable, in whole or in part, in a promulgation or in a state of law, to this extent it is deemed not to be part of the present T & C and the applicability of remaining part of these T&C will not be affected.
11.12 AirHomeRestaurant can communicate with the user by sending an e-mail to the registered e-mail address. It is sufficient to provide proof that the e-mail has been sent and is not responsible for having received it.
11.13 These T & Cs are regulated and interpreted in accordance with Italian law and AirHomeRestaurant and each of you agrees to submit any dispute, including disputes relating to any non-contractual obligations, which may arise from, under or in connection with this agreement to the exclusive jurisdiction of the court of Naples (Italy).
11.14 AirHomeRestaurant is a limited liability company under Italian law, registered under the name "Global Advice Srl" and whose registered office is in Naples, Via Toledo, 148, Italy.