1. Introduction and Acceptance of Terms
1.1. The Website Operator: domrentals.com (the "Website" or "Site"), is owned and operated by Ion Claudiu Alexandru ("We," "Us," "Our," or the "Site Owner"), VAT ID TBD.
1.2. Agreement to Terms: By accessing or using the Website, you agree to be bound by these Terms and Conditions of Use ("Terms"), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms, you are prohibited from using or accessing this Site.
1.3. Entire Agreement: These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and us regarding your use of the Website and supersede all prior agreements and understandings.
2. Nature of the Service (Our Role as a Showcase/Intermediary)
2.1. Service Definition: The Website operates as an online showcase and information service, exclusively providing promotional and descriptive information about apartments, holiday homes, or other accommodation facilities ("Properties") offered by third-party owners or managers ("Hosts").
2.2. No Booking or Payment Processing: We do not process, confirm, or manage any bookings, reservations, or payments. We are solely a channel for providing information and connecting users with the relevant Host.
2.3. External Contact and Contract: Any communication, negotiation, agreement, or contract for the rental or reservation of a Property takes place exclusively and directly between the user and the respective Host. Any bookings must be made directly with the Host through their preferred booking system or contact method.
2.4. No Party to Disputes: We are not a party to any rental agreements, disputes, or disagreements between users and Hosts. You agree that any disputes or claims arising from a booking or stay must be resolved directly between you and the Host. We have no obligation to mediate, arbitrate, or provide refunds for issues related to the Property, services provided, cancellations, or any other matters arising from the booking relationship.
3. User Representations and Warranties
3.1. Legal Capacity: You represent and warrant that you have the legal capacity to enter into these Terms and that you are not prohibited by law from using the Website.
3.2. Lawful Use: You agree to use the Website only for lawful purposes and in a way that does not violate these Terms or any applicable laws. You agree not to use the Website in any manner that could damage, disable, or impair the Website.
4. Prohibited Activities
4.1. User Prohibited Conduct: You agree not to engage in any of the following activities:
- Systematically retrieve or scrape property listings, photographs, descriptions, or other content without written permission
- Use bots, scripts, automated tools, or data mining software to access or extract data from the Website (excluding standard search engines)
- Impersonate any person or entity or use false, misleading, or inaccurate information
- Post spam, false reviews, misleading comments, or content designed to deceive other users
- Harass, threaten, abuse, or defame any Host, user, or member of our team
- Attempt to gain unauthorized access to the Website, user accounts, or our systems
- Circumvent security features or attempt to bypass any restrictions on the Website
- Use the Website to facilitate illegal activity, fraud, or any unlawful purpose
- Upload or transmit viruses, malware, or any harmful code
- Violate or encourage others to violate any applicable laws or regulations
5. Limitation of Liability
5.1. Information Accuracy: The descriptions, photographs, availability, pricing, and all other information related to the Properties are provided entirely by the respective Host. We strive for accuracy but do not guarantee that all information is current, complete, or accurate.
5.2. Exclusion of Warranty: The Website and its contents are provided "as is" and "as available." We make no warranties, expressed or implied, regarding the operation of the Site, the absence of viruses or malicious code, or the continuous, uninterrupted, or error-free accessibility of the services.
5.3. Exclusion of Liability for Transactions and Damages: The Site Owner is not a party to the rental contract established between the user and the Host. We shall not be liable for any direct, indirect, incidental, punitive, or consequential damages (including, but not limited to, damages for loss of profits or data) arising out of or in connection with: a) Any defect, dispute, cancellation, or loss related to the booking or stay at the Property; b) Any payment or transaction conducted directly with the Host; c) The accuracy, truthfulness, or completeness of the information provided by the Host; d) Cancellations, refund disputes, or any breach by the Host.
5.4. Liability Cap: To the extent permitted by law, our total liability for any claims arising from your use of the Website shall not exceed the lesser of (i) the amount you paid to us in the past 12 months, or (ii) €240. This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, etc.).
5.5. Passive Hosting Provider: The Site Owner acts as a mere technical intermediary and passive hosting provider in accordance with EU Directive 2000/31/EC (E-Commerce Directive) and Legislative Decree no. 70/2003 (Articles 16-17). We are not obliged to exercise general supervision over the information transmitted or stored, nor to actively seek facts or circumstances indicating illegal activity. However, upon obtaining actual knowledge of illegal content, we will act expeditiously to remove or disable access to such content.
6. User and Host Content
6.1. Intellectual Property (Our Site): All content provided by the Site Owner (including the design, logo, code, and site texts, excluding Host Content) is the exclusive property of the Site Owner and is protected by applicable intellectual property and copyright laws. You agree not to copy, reproduce, distribute, modify, or create derivative works based on our content without written permission.
6.2. Host Content License: By submitting content (descriptions, photos, etc.) to the Website, Hosts warrant that they own or have the necessary licenses and rights to such content. Hosts grant Us a non-exclusive, worldwide, royalty-free license to display, reproduce, and distribute their content on the Website for the purpose of the advertised service.
6.3. Prohibited Content and Anti-Discrimination: Users and Hosts are strictly prohibited from publishing or promoting through the Site any content that is illegal, defamatory, obscene, threatening, or, in particular, discriminatory based on race, gender, religion, sexual orientation, disability, or any other protected characteristic.
6.4. Notice and Take Down Procedure (Illegal Content Reporting): Should a user become aware of any information on the Website that is inaccurate, illegal, or violates these Terms (e.g., a scam, copyright infringement, or discriminatory content), they must immediately notify Us at contact@domrentals.com. We undertake to investigate and remove or disable access to the illegal content promptly upon verification.
7. Data Protection and Privacy
7.1. Privacy Policy and Data Processing: All data collection and processing activities are governed by our Privacy Policy and Cookie Policy, which are incorporated into these Terms by reference. By using the Site, you consent to the data practices described in the Privacy Policy.
7.2. Host Data Processing: When Hosts submit property configuration data through our forms, they explicitly consent to the collection, storage, and processing of their personal and business information as detailed in our Privacy Policy. This includes but is not limited to: company/individual details, contact information, VAT numbers, tax IDs, and property descriptions.
7.3. Legal Basis for Processing: We process Host data based on:
- Explicit Consent (GDPR Art. 6(1)(a)) - for optional data uses and marketing communications
- Contract Performance (GDPR Art. 6(1)(b)) - for data necessary to provide the showcase service
- Legal Obligations (GDPR Art. 6(1)(c)) - for tax and compliance requirements
7.4. Data Retention: Host data will be retained for the duration of the service agreement, plus up to 10 years for tax and legal compliance purposes, unless earlier deletion is requested in accordance with GDPR rights.
7.5. Your Rights: Both users and Hosts have the right to access, rectify, erase, restrict processing, object to processing, and request data portability of their personal data. To exercise these rights, contact us at contact@domrentals.com.
7.6. Data Security: We implement appropriate technical and organizational measures to protect personal data against unauthorized access, alteration, disclosure, or destruction. However, we cannot guarantee absolute security of data transmitted over the internet.
8. Governing Law and Jurisdiction
8.1. Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of Italy.
8.2. Jurisdiction: For the resolution of any disputes arising from these Terms, the exclusive jurisdiction shall be the competent court of Bologna, IT. If you are a consumer in the EU, you may also submit complaints through the European Commission's online dispute resolution platform.
9. Host Responsibilities and Representations
9.1. Accuracy of Information: Hosts represent and warrant that all information provided about their Properties is accurate, complete, and up-to-date. Hosts are solely responsible for updating their property information promptly and maintaining the accuracy of availability calendars.
9.2. Legal Compliance: Hosts warrant that their Properties comply with all applicable local laws, regulations, and licensing requirements, including but not limited to: tourism licenses, building permits, health and safety standards, and tax registration. Hosts are responsible for ensuring compliance with local rental restrictions and short-term rental regulations.
9.3. Ownership and Authority: Hosts confirm they have the legal right to rent or advertise the Property and have obtained all necessary permissions from property owners, landlords, or other relevant parties. Hosts are fully responsible for any disputes with property owners or landlords regarding unauthorized listings.
9.4. Non-Discriminatory Practices: Hosts agree to comply with all applicable anti-discrimination laws and will not refuse bookings or provide inferior service based on race, color, religion, sex, gender identity, sexual orientation, national origin, disability, or any other protected characteristic.
9.5. Termination and Data Removal: Upon termination of a Host account, Hosts have 30 days to download or request their property content. After 30 days, we may delete all Host content from our systems without further notice or liability.
9.6. Indemnification: Hosts agree to indemnify and hold harmless the Site Owner from any claims, damages, or expenses arising from: (a) inaccurate or misleading property information; (b) violations of laws or regulations; (c) disputes with guests; (d) breaches of these Terms; or (e) intellectual property infringement related to Host content.
10. Service Modification and Termination
10.1. Right to Modify: We reserve the right to modify, suspend, or discontinue any aspect of the Website or service at any time, with or without notice, without liability to you or any third party. We will make reasonable efforts to notify users of significant changes.
10.2. Content Removal: We reserve the right to remove or refuse to display any Host content that violates these Terms, is illegal, discriminatory, or otherwise inappropriate, at our sole discretion.
10.3. Account Termination: We may terminate or suspend a Host's or user's access to the service immediately, without prior notice or liability, for any reason, including but not limited to: (a) breach of these Terms; (b) illegal activity; (c) repeated violations of our policies; or (d) violation of anti-discrimination laws.
10.4. Effect of Termination: Upon termination, you lose the right to access the Website. Sections regarding limitations of liability, indemnification, and governing law survive termination.
11. Links to Third-Party Websites
11.1. External Links: The Website may contain links to third-party websites (including Host booking platforms). These links are provided for convenience only. We do not endorse, control, or assume responsibility for the content, privacy policies, or practices of any third-party sites.
11.2. User Responsibility: Accessing third-party websites is at your own risk. We encourage you to review the terms and privacy policies of any third-party sites you visit. We are not liable for any loss or damage caused by third-party websites or services.
12. Cookies and Tracking
12.1. Cookie Usage: Our Website uses cookies and similar tracking technologies to enhance your experience. Please review our Cookie Policy for details on cookie usage, including:
- Essential Cookies: Required for site functionality and security
- Analytics Cookies: Help us understand how users interact with our site
- Third-Party Cookies: May be set by external services for analytics or advertising
13. Force Majeure
13.1. Limitation of Obligations: Neither party shall be liable for any failure to perform their obligations under these Terms if such failure is caused by circumstances beyond their reasonable control, including but not limited to: acts of God, natural disasters, war, government action, pandemics, or significant internet or utility infrastructure failures. The affected party shall provide prompt notice and make reasonable efforts to resume performance.
14. Severability
14.1. Severability Clause: If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid, or if not possible, severed from these Terms. The remaining provisions shall remain in full force and effect and shall not be affected by the invalidity of any other provision.
15. Contact Information and Complaints
15.1. General Inquiries: For questions about these Terms, please contact us at alex.ion@domrentals.com.
15.2. Privacy Inquiries: For privacy-related questions or to exercise your GDPR rights, contact contact@domrentals.com.
15.3. Illegal Content Reports: To report illegal, inaccurate, or discriminatory content, email contact@domrentals.com.
15.4. Dispute Resolution: We encourage users and Hosts to contact us first to resolve any disputes informally. If informal resolution fails, disputes will be subject to the jurisdiction specified in Section 8.2.
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