These privacy conditions apply to the website owned by HOTEL SAN GIACOMO – FIVE SEASONS SRL (hereinafter the Company), located at the address www.hotelsangiacomo.com.

The site is governed by the Company’s Privacy Policy, the terms of which are an integral part of these Terms of Use.

The user acknowledges and accepts that Internet transmissions are never completely confidential or secure. The user acknowledges that any data or message sent to the site could be read or intercepted by third parties, even where it is specifically stated that certain transmissions (for example, the sending of credit card data) are encrypted.

The privacy document is available at the following Internet address: www.hotelsangiacomo.com/privacy/.

The Company may disclose information regarding the user (including his/her identity) if it deems that such disclosure is necessary in connection with any investigation or complaint regarding the use of the site by the user, or to identify, contact or bring legal action against persons who may (intentionally or unintentionally) harm or interfere with the rights and property rights of the Company or of visitors or users of the site, including the Company’s customers. The Company reserves the right to disclose any information necessary to comply with laws, regulations, legal process or governmental requests at any time. The Company may also disclose the user’s information when it determines that current laws require or permit such disclosure, including exchanging information with other businesses and organisations for purposes of fraud protection.

The Company may retain any transmission or communication between the user and the Company via the site or any service offered on or through the site, and may also disclose such data if required by law or if it determines that such retention or disclosure is reasonably necessary to comply with legal processes, exercise these Terms of Use, respond to claims that the contents of any communication violate the rights of third parties, or protect the rights, property rights or personal security of the Company, its employees, users or visitors to the site and the public, and, in general, to exercise a right or the defence of a right in court.

General rules for use of the service

The user undertakes to indemnify the Company, and its employees and consultants, from any and all prejudice and damage suffered by them, and from all liability, costs and expenses (including legal expenses) incurred by them, as well as to hold them harmless from any action, reason or claim made by third parties caused or motivated by behaviour or omissions attributable to the user, or resulting from failure by the user to fulfil his/her obligations under the rules of the contract.

Disclaimer and limitation of liability

The Company does not guarantee that the website or its contents, services or features are free from error or available continuously, nor that any defects will be corrected or that use of the site by the user will lead to specific results.

The site and its contents are provided “as is” and subject to availability. All information provided on the site is subject to change without notice.

The Company cannot guarantee that any documents or other data downloaded from the site are free of viruses, contamination or harmful features. The Company excludes all guarantees, both explicit or implied, including, but not limited to, guarantees of accuracy, non-infringement, marketability and fitness for particular purposes.

The Company declines any responsibility for acts, omissions or behaviour of third parties connected with or relating to the use of the site and/or any service provided by the Company on behalf of the user.

The user assumes full responsibility for use of the site and of any linked sites. In the event that the user is dissatisfied with the site or its contents, the only remedy shall be to refrain from using the site or its contents.

The above limitation of liability is an integral part of the contract between the parties and applies to any damages, liability or injuries resulting from malfunction, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction or unauthorised access, alteration or unauthorised use, whether due to failure, fault, negligence or other causes.

The user, in the event of a service interruption attributable to these causes, shall not request the Company to repay any amount, even in part, for any purpose and/or reason.

Without prejudice to the provisions of the previous articles, the user acknowledges and agrees that the Company shall not be held liable under any circumstances – whether in contract, tort or otherwise – to the user (or a third party) for any type of direct or indirect damage, including damages due to loss of profit, goodwill or data, even if the Company has been notified (in writing or verbally) of the possibility of such damages.

By way of non-exhaustive example, the Company will not be liable for damages connected with or due to:

1. use, misuse or inability to use the service by the user;
2. the cost of alternative services to the product/services purchased;
3. any change, suspension or interruption of service;
4. unauthorised access to or alteration of the user’s transmissions and/or data, including damage, both economic and otherwise, incurred by the user due to loss of profit, use, data or other intangible elements.

In any case, all guarantees, whether explicit or implied, are expressly excluded insofar as this does not conflict with current legal provisions and without prejudice to the Company’s liability for wilful misconduct or gross negligence.

The user expressly agrees and accepts that the Company cannot be held liable under any circumstances for omissions or errors contained in the information used for the execution or implementation of the service at the user’s request.

The user indemnifies the Company substantially and procedurally, and holds it harmless against any losses, damages, liabilities, costs or expenses, including legal expenses, resulting from any violation of the previous points of this article.

The Company’s liability deriving in any way from this contract or from provision of the services, including any claims for faults, non-fulfilment or failure of remedial measures, will be limited to wilful misconduct or gross negligence and will not extend to any damages that are an indirect, unforeseeable or otherwise unexpected consequence of the fault or non-fulfilment, such as, by way of example, loss of earnings, financial charges, business stoppage costs, costs for alternative equipment or services, damages or expenses deriving from third-party claims against the user.

The user expressly acknowledges that the limitations or exclusions of liability specified in these terms of use have been agreed as essential conditions for the provision of the services and, except where expressly agreed, renounces any further or alternative reasons or remedial action without reservation.

In the event that, regardless of the other clauses of these Terms of Use, the Company is found liable to the user for any damage or loss deriving from or connected to the use of the website or its contents, the Company’s liability in any case shall not exceed the total amount paid by the user as a subscription fee or charge for the use of any service or feature during the three months prior to the date of the initial complaint submitted to the Company (excluding the purchase costs of the products or services).

The user acknowledges and expressly agrees that use of the service and the disclosure and preservation of the information obtained or provided through the service is carried out at his/her own sole and exclusive risk, and that he/she is solely responsible for any damage to his/her own computer or loss of data caused by using the service.

The user hereby declares to have read the details of the chosen service.

The user acknowledges and agrees that the Company does not provide any kind of guarantee, whether explicit or implied, of marketability, compatibility or suitability for particular purposes of the user or of third parties and, moreover, does not provide any guarantee that the service will correspond to the user’s requirements and needs.

The user acknowledges and agrees that the Company does not provide him/her with any guarantee regarding the results achieved, the absence of software and hardware errors or the reliability of any information obtained by the user through the service.

Therefore, the Company cannot be held liable for any direct and/or indirect damages arising from the use of service or from interruptions to the operation of the service.

The Company offers no guarantees about the products, materials, goods or services sold, purchased or otherwise obtained by the user through the website or service or as a result of any purchases made through the service.

Suspension of the service

The Company reserves the right to limit, suspend and/or terminate the use and/or provision of the service immediately, without prior notice, or to disconnect (temporarily or permanently) the user’s account, without payment of any compensation, reimbursement and/or damages, resulting in subsequent cancellation of the user’s account, if it becomes aware or determines, at its sole discretion, that the user has taken actions that could lead to problems or legal liability, or has violated or is violating the provisions of these Terms of Use, as well as current legislation (including Legislative Decree no. 196/2003).

The Company also reserves the right to limit, suspend and/or terminate the use and/or provision of the service immediately, without prior notice, as well as the user’s access to the site or account if it becomes aware or determines, at its own sole discretion, that one of the following situations has occurred or is occurring:

1. use of the service that creates a situation of danger or instability of the server such as to cause damage to the Company;
2. anomalous traffic that is likely to disrupt normal provision of the service to other customers;
3. if the public authorities or other third parties inform the Company, or it finds evidence of use of the service by the user that is illicit, improper or not in accordance with national and international laws and the rules of “netiquette”;
4. if the Company discovers use contrary to morality or public order or for the purpose of disturbing public or private peace, causing offense or direct or indirect damage to anyone, or attempting to violate the confidentiality of private messages in any way;
5. access to the website by unauthorised third parties or through “hacker attacks”;
6. routine and/or special maintenance of the website or IT systems, or due to force majeure.

The Company also reserves the right to cancel accounts that are not confirmed or remain inactive for a long period of time.

Finally, the Company will assess material deemed to be “dubious”, at its own sole discretion, and after communication with the user for clarification, will decide with regard to the suspension of the service.

In any event, the Company reserves the right to take the following actions at any time and without prior notice: modifying, suspending or discontinuing the functioning of the site or access to it or any part of it, for any reason; modifying or changing the site or any part of it, and any rule or condition relating to the site, and interrupting the functioning of the site or of parts of it if necessary for routine or special maintenance, correcting errors or making other changes.

Force majeure

The user acknowledges and agrees that the Company shall not be held liable to him/her or to any third party under any circumstances for delay or failure to perform its obligations due to unforeseeable circumstances or force majeure, including, but not limited to, actions by public authorities, fire, flood, theft, explosions, accidents, strikes and lockouts, including non-corporate lockouts, acts of war, embargoes, unavailability of transport, telecommunication suspensions or problems, lightning strikes, system breakdowns not attributable to the Company, power supply interruptions or overloads, failure or interruption of telephone and/or computer lines, including interruptions not related to the activity of the line operator (or provider), as well as interruptions or suspensions not attributable or otherwise beyond the control of the Company or due to the Company’s third-party suppliers.

Indemnification clause

The Company and its employees, directors, agents and managers cannot be held liable in any way for any damage caused by the user and resulting from violation of the provisions set out in these Terms of Use.

The user agrees to indemnify the Company and hold it harmless, together with entities connected to or controlled by it, and its representatives, employees or collaborators, from any civil or criminal liability arising from the use of the site, even if caused by third parties through the user’s account.

Applicable law and jurisdiction

All matters regarding access to or use of the site, including any disputes, will be governed by Italian law and shall be subject exclusively to Italian jurisdiction in the Court of Bologna.

Miscellaneous

In the event that any provision of these Terms of Use is deemed invalid or unenforceable, it shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best expresses the intentions of these Terms of Use, so that they remain fully valid and enforceable.

These Terms of Use represent the entire agreement between the parties regarding the use of the website and replace all previous agreements entered into in writing or verbally by the parties with regard to this matter. The Company’s failure to demand or request the enforcement of any clause will not constitute a waiver of that clause or of the right to enforce these Terms of Use; furthermore, any dealings between the Company and the user or third parties cannot in any way alter the clauses of the Terms of Use.