WE SUGGEST YOU TO READ CAREFULLY THESE TERMS OF THE SERVICE, SINCE THEY CONTAIN RELEVANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND RESTRICTIONS, ONE CLAUSE RAGARDING JURISDICTION AND COMPETENCE IN CASE OF DISPUTES, AS WELL AS THE OBLIGATIONS TO COMPLY WITH THE APPLICABLE LAWS AND REGULATIONS.
PLACECORNER OPERATES IN COMPLIANCE WITH THE EUROPEAN REGULATION IN FORCE REGARDING TEMPORARY SPACE SHARING; HOWEVER, SINCE SOME CITIES OR COUNTRIES REGULATIONS LIMIT THE TEMPORARY SPACE SHARING, WE SUGGEST THE OWNERS OR MANAGERS WILLING TO USE THE PLACECORNER.COM PLATFORM TO RENT THEIR SPACES, TO COLLECT INFORMATION ON THE LOCAL AND DOMESTIC REGULATION GOVERNING THE TEMPORARY NON-RESIDENTIAL SPACE SHARING. PLACECORNER IS NOT LIABLE FOR ANY NEGLIGENCE ASCRIBED TO THE OWNERS AND MANAGERS OF THE SPACES PUBLISHED ON PLACECORNER.
THE USER ACKNOWLEDGES AND ACCEPTS THAT, BY ACCESSING OR USING THE WWW.PLACECORNER.COM WEBSITE, THE “PLACECORNER” APPLICATION OR THE SERVICES OR DOWNLOADING OR PUBLISHING ANY CONTENT WHATSOEVER FROM OR ON THE SITE, BY MEANS OF THE APPLICATION OR THE SERVICES, SHOWS TO HAVE READ AND TO UNDERSTAND AND ACCEPT TO BE BOUND BY THESE SERVICE TERMS AND CONDITIONS, REGARDLESS OF THE FACT THAT IT IS REGISTERED TO THE WEBSITE AS TO THE APPLICATION. IF THE USER DOES NOT GIVE ITS CONSENT TO THESE SERVICE TERMS AND CONDITIONS, IT HAS NO RIGHT TO HAVE ACCESS OR USE THE SERVICE, THE WWW.PLACECORNER.COM WEBSITE, THE “PLACECORNER” APPLICATION AND THE COMMON CONTENTS. IF THE USER ACCEPTS OR GIVES ITS CONSENT TO COMPLY WITH THESE SERVICE TERMS AND CONDITIONS ON BEHALF OF A COMPANY OR ANY OTHER LEGAL PERSON, IT REPRESENTS AND WARRANTS TO HAVE FULL AUTHORITY TO BIND SAID COMPANY OR OTHER LEGAL PERSON TO THESE SERVICE TERMS AND CONDITIONS.
Placecorner is an internet provider operating in Italy and abroad, directly connecting, through its online Platform, the owners and/or managers of Spaces for temporary rent (Hosts) and businesses or individuals wishing to rent said Spaces or part thereof (Guests) for non-residential uses. The employed technology is of the type “marketplace”, where all processes (as described hereinbelow) take place without intermediation, entirely online through the online Technology Platform owned by Placecorner, as integrated with the Mangopay® payment Platform.
Clause 1 – Definitions
Unless otherwise provided under these Service Terms and Conditions, the following capitalized terms shall have the meaning described below.
Placecorner: means the company PLACECORNER S.r.l., with registered office in Via Carloforte 60, 09123 Cagliari, VAT code no. 03568800928.
Technology Platform:means the platform developed and owned by Placecorner S.r.l., accessible via web at the www.placecorner.com address and also available in its mobile devices version. All Services offered by Placecorner.com are accessible and available via this platform.
User or Users: means a User of the www.placecorner.com website accessing via fixed terminal or mobile devices to www.placecorner.com as registered and non-registered User.
Placecorner Account: means the account of the User registering to the Service through the Technology Platform to benefit from all functionalities of the Service permitted by these Service Terms and Conditions.
Guest or Guests: means a User renting - through the Technology Platform - one temporary Space shown in the catalogue at www.placecorner.com.
Host or Hosts: means a User creating and publishing on www.placecorner.com a Listing of temporary space rental through the Technology Platform.
Service or Services: means the services provided by Placecorner through the Technology Platform and addressed to the Registered and Non-Registered Users, regardless of their being Hosts, Guests or other users of the relevant Services.
Space or Spaces: means the physical spaces or movable surfaces (desks, racks, shelves, etc.) granted by the Hosts to the Guests as exclusive or shared temporary rental, through the Technology Platform and in compliance with these Service Terms and Conditions.
Listing or Listings: means the listing of a Space available for rental, as created on the Technology Platform by one registered User in its capacity as Host. The Listing shall have the “published” status to become public and bookable by another User in its capacity as Guest.
Space Booking: an agreement between the Host and the Guest for the temporary rental of a Space, following the acceptance of the Booking or the Quote Request or the Special Offer and the subsequent Guest’s payment, in compliance of these Service Terms and Conditions. The booking may have different status in relation to the actions taken by both the Host and the Guest:
1. Inactive: booking being negotiated or about to be accepted by the Host or the Guest
2. Accepted: the booking has been accepted by the Host or the Guest. Waiting for the Guest payment
3. Denied: the Host has denied the Booking Request or the Guest has denied the Special Offer or the Quote
4. Expired: the Guest has not made the payment by 72 hours or the Guest has not taken any action by the 72 hours following receipt of the Special Offer or the Quote or the Host has not taken any action following receipt of the Booking Request
5. Confirmed: the Guest has made the payment
6. Active: booking in progress and Check-In has taken place (absence of Complaint)
7. Closed booking with Check-Out completed
8. Claimable: booking with Check-In completed; 48 hours (from Check-In) have not elapsed yet
9. Blocked: the Guest has made a Complaint by 48 hours from the Check-In;
10. Cancelled: the booking has been properly canceled, upon request by the Host or the Guest
Booking Request or Requests: means the request, made trough the Technology Platform for the rental of a Space priced publicly and visibly. The Host may deny or accept the Booking Request. Should a discount be requested, the Host shall formulate it as Special Offer. (status 1).
Special Offer: means the offer made by the Host to the Guest through the Technology Platform following the request for a discount on the price of the Booking Request. The Guest may deny or accept the Special Offer. Differently from the case of Quote Request, negotiation is not admitted. (status 1).
Quote Request or Requests: means the request, made through the Technology Platform of a Quote for the rental of a Space with no publication of the price, and provided only following a request (via the Platform) of a Quote. The Host and the Guest may negotiate a Quote (via messages). (status 1).
Acceptance of the Booking Request: means the time one Host accepts, through the Technology Platform, the Booking Request for a Space, as sent by the Guest. (status 2).
Acceptance of the Special Offer: means the time one Guest accepts, through the Technology Platform, the Special Offer, as made by the Host.(status 2).
Acceptance of a Quote: means the time one Guest accepts, through the Technology Platform, the Quote made by the Host, following a Quote Request, as sent by the Guest, through the Technology Platform. (status 2).
Daily Cost: means the daily cost of the Space, including VAT, as defined in full autonomy by the Host. This cost may not be amended on the Listing of Spaces with booking or payment/bookings in progress.
Cost of the Period: means the amount of the Daily Cost for the Space rental, multiplied for the rental days, net of any discounts published on the Listing. Should the rental period include any days with a different Daily Cost, an average price shall be calculated and multiplied for the number of booked days.
Total Cost: means the Cost of the Period, plus the Guest Fee. This Fee is calculated net of any discount published by the Host for special periods and expressly mentioned in the offer. Upon crediting the Total Cost to the Host account, Placecorner shall retain the Fee concerning the Host.
Check-In: means the date on which the Booking starts being in Active status, according to the agreements reached and accepted by the Host and the Guest.
Check-Out: means the date the Active Booking ends, according to the agreements reached and accepted by the Host and the Guest.
Service Fee or Fees: means the addition of the Guest Fees (5% of the Cost of the Period) and of the Host Fees (10% of the Cost of the Period).
Host Fees or Fee: means the cost for the Service that Placecorner charges to one Host, following the rent of its Space. Placecorner cashes in the Fee upon credit of the amount to the Host account (upon the Check-Out), retaining 10% of the Cost of the Period. Said Fee shall be mentioned in the relevant invoice.
Guest Fees or Fee: means the cost of the Service that Placecorner charges to one Guest upon confirmation of the booking or of the payment. The Fee is fixed at 5% of the Cost of the Period. The Guest Fees shall be shown on the Space sheet and in the section dedicated to the payment, as well as in the relevant invoice.
Payment Platform: means the online Payment Platform Mangopay® (www.mangopay.com/about-us/) of which Placecorner avails itself for the economic transactions between the Host and the Guest, as for the collection of the Service Fees. The Mangopay Platform is specialized in online payment solutions for marketplace. All bank details and the sensitive data regarding the payments, via credit card of bank wire transfer, shall be saved on the Payment Platform only. None of these data shall be saved on the Technology Platform.
Time for Booking Acceptance: means the 72 hours running from the time of the Guest Booking Request, via the Platform and the Host Booking Acceptance, always through the Technology Platform. Once this time elapsed, failing any action by the Host, the Booking Request shall automatically expire.
Time for the Special Offer Acceptance or the Quote Acceptance: means the 72 hours running from the time of the sending, through the Technology Platform, the Special Offer of the Quote by the Host and the Special Offer Acceptance or the Quote Acceptance, if any, by the Guest, always through the same Technology Platform. Once this time elapsed, failing any action by the Host, the Booking Request shall automatically expire.
Time for Booking Completion: means the 72 hours running between the time of the Host Booking Acceptance or the Guest Special Offer or Quote Acceptance and the time the Payment Platform receives the payment by the Guest, having booked the relevant Space. Once this time elapsed, and failing any payment receipt, the booking automatically ceases to be effective, as well as the Quote and the Special Offer. (status 2)
Cancellation: means the cancellation of the booking under Confirmed status by the Guest or the Host. Cancellation is possible during the time running from the payment and the Check-In only. Said cancellations shall be made through the Technology Platform, accessing to the personal area / my bookings.
Complaint: means the action that the Guest may take only in the 48 hours following the Check-In, through the Technology Platform, accessing to the personal area / my bookings. This action shall forthwith block the credit to the Host bank account, while waiting to understand the grounds of the Complaint.
Service Terms and Conditions: means these Service Terms and Conditions applicable to the Host, the Guest and to Placecorner S.r.l.
Privacy Information: means the information pursuant to the Code on the protection of the personal data (Legislative Decree no. 196/03), as made available at www.placecorner.com website and accepted upon creation of the Placecorner Account.
Terms of the Mangopay Service: means the General Terms for the use of the Mangopay service and use of the electronic money, which form integral part of the Agreement, as above defined. These conditions are made available at www.placecorner.com website and accepted upon creation of the Placecorner Account.
Clause 2 – Agreement and Legal Construction
PLACECORNER DOES NOT OPERATE AS COMMERCIAL BROKER OR REAL ESTATE AGENT, PROVIDING EXCLUSIVELY INTERNET AND PROMOTIONAL SERVICES TO THE HOSTS, WHO SHALL REMAIN THE ONLY PERSON LIABLE FOR RENTING THE SPACES ADVERTISED ON THE PLATFORM AND THE ONLY PERSON LIABLE TOWARDS THE GUESTS RENTING SAID SPACES.
Clause 3 – Operation of the Technology Platform
Following the User acceptance (upon registration) of the Service Terms and Conditions, Placecorner grants to the latter, without territory limitations and, in any case, revocable, license to use the Service in accordance with the terms that Placecorner shall set out, from time to time, on the www.placecorner.com website and/or in the relevant versions for mobile devices.
The use of the Platform does not provide for the payment of any subscription costs by the Host and the Guest. The Platform remuneration shall exclusively take place as fixed fee on the traded operation, according to the specifications set out under these Terms and Conditions, with no additional costs: no additional costs are provided for the return of the rent amount in case of cancellation or Complaint, subject to the penalties, as provided hereunder; the commercial and technical support, if requested according to the terms set out under these Terms and Conditions is gratuitous and included in the mentioned remuneration. The Host shall be totally free to amend the data or the pictures of its own listing or to put as many listings as it wishes to, with no additional costs. The Service Fee (as set out hereunder) shall be calculated upon each rent transaction occurred through the Technology Platform, and it will be equal to 15% (VAT included) and shared between the Host (10%) and the Guest (5%).
Placecorner establishes and may unilaterally amend the features of the Technology Platform as of its operational and running aspects.
The User acknowledges and agrees that the use of the Technology Platform falls within the so-called “Saas” (Software as a Service) typology, provided AS IT IS with no explicit or implicit operating warranty, thus discharging Placecorner from any liability in case of malfunctioning or loss of data, caused by troubles in the use of the Technology Platform.
Services may be used to make any publication of the Listings and the booking of Spaces on the basis of the Agreement. In compliance with the foregoing, Placecorner makes available one online platform or virtual “marketplace”, with the relevant technology, so that Guests and Hosts meet online and negotiate the booking of Spaces directly between them. Placecorner is not the holder or the manager of the ownership of the Spaces, nor does it provide any Spaces. Placecorner does not hold, sell, resell, provide, make, rent, sub-rent, manage and/or control the Spaces.
Services do not include administrative, legal and tax services or any other services aiming at supporting the Guests in their activities, as carried out within the Spaces, under any title. Placecorner reserves itself [the right] to offer this type of services on a case-by-case basis and upon its unilateral decision to one or more Users, both through the Technology Platform and otherwise.
Users may follow their activity on the Technology Platform in relation to the Registration, Creation of their Profile, Creation and Publication of Listings, Booking and Payment, Cancellation and Complaint, through a system of emails automatically delivered by the Technology Platform upon appearance of certain events, to the address provided by the User as it registers to the Platform. The User may access a Personal Area following its registration to Create, Publish and Manage its own Listing, Book and Pay, Create its own Profile, exchange Messages between Host and Guest, make a Complaint or a Cancellation. All activities carried out offline with respect to the Technology Platform shall not be valid or recognized by Placecorner in case of Complaints or other actions.
PLEASE NOTE THAT, AS MENTIONED ABOVE, THE TECHNOLOGY PLATFORM AND THE SERVICES AIM AT HELPING THE INTERACTION BETWEEN HOSTS AND GUESTS FOR PUBLISHING LISTINGS AND BOOKING THE SPACES. PLACECORNER DOES NOT CONTROL AND CANNOT CONTROL THE CONTENT UNDER THE LISTINGS, NOR THE CONDITION, LAWFULNESS OR FITNESS OF ANY SPACE. PLACECORNER IS NOT LIABLE FOR, AND IT DECLINES ANY LIABILITY IN RELATION TO ALL LISTINGS AND SPACES.
Clause 4 – Registration of the Placecorner Account
The User may access the www.placecorner.com website both from fixed terminals and mobile devices (tablets, mobiles) without registering thereto. In order to access certain Service functions, the User shall register and create an account (“Placecorner Account”), thus becoming a registered User.
In order to register and open a Placecorner Account, the User shall provide, according to the terms set out in the Technology Platform, its first and last name and email, select a password, accept the Service Terms and Conditions and the Privacy Information.
The User may, at its own discretion, communicate its email address to Placecorner, pursuant to the Privacy Information, in order to be informed on the Service via the business newsletter.
In addition to the above, the User may register and open a Placecorner Account by executing the login to its own account of given third parties’ social networks (“SNS”) (including, without any limitation, Facebook); each of these accounts is referred to as “Third Party Account”, through the Technology Platform, according to the specifications below. As integral part of the Technology Platform and Services functionality, the User may link its own Placecorner Account to any Third Party Account, according to one of following ways: (i) providing to its Third Party Account the Placecorner login data through the Technology Platform or the Services; or (ii) allowing to Placecorner to access its Third Party Account, pursuant to the extent permitted by the applicable terms and conditions governing the use of each of said Third Party Accounts. The User represents to be entitled to disclose to Placecorner its own access data to the Third Party Account and/or to grant to Placecorner access to its Third Party Account (including, without limitation, for the use according to the aims described herein), without infringing any of the applicable terms and conditions governing the use of the Third Party Account, and without requiring that Placecorner pays any fees or making Placecorner subject to any limits of use imposed by said third parties services provider. By granting to Placecorner access to any Third Party Account, the User understands that Placecorner shall have access, make available and record (if applicable) any Content provided and recorded in its Third Party Account (“SNS Content”) so that it is available through the Website, the Services and the Application, via its own Placecorner Account and the page of the Placecorner Account profile. Unless otherwise specified under these Service Terms and Conditions, all SNS Contents, if any, will be deemed as Users contents pursuant to the Agreement. Depending on the Third Party Accounts chosen by the User, and subject to the privacy settings selected for said Third Party Accounts, information for personal identification published on said Third Party Accounts will be available on and through its own Placecorner Account on the Technology Platform and Services. Please note that, should any Third Party Account or any associated services become unavailable or Placecorner access to said Third Party Account be terminated by the provider of third party services, SNS Content shall not be available any more on and through the Technology Platform or the Service. The User has the power, at any time, to disable the linking between its own Placecorner Account and the Third Party Account, by accessing to the ad hoc section of the Technology Platform. PLEASE NOTE THAT THE RELATIONSHIPS WITH THE PROVIDERS OF THIRD PARTY SERVICES ASSOCIATED TO THE THIRD PARTY ACCOUNTS ARE EXCLUSIVELY GOVERNED BY THE AGREEMENTS WITH THESE PROVIDERS OF THIRD PARTY SERVICES. Placecorner undertakes no obligation to review any SNS Content for any reason whatsoever, including, without any limitation, the accuracy, lawfulness or non-violation of the same and Placecorner is not liable for any SNS Content.
In order to enable the User to use the Service, the Technology Platform shall create a Placecorner Account and the Placecorner Account profile for the User, on the basis of the personal data provided by the User or obtainable through an SNS, according to the foregoing provisions. The User cannot hold more than (1) active Placecorner Account. The User agrees to provide accurate, complete and current data during the registration process as to update said data to keep them accurate, complete and recent. Placecorner reserves itself the right to suspend or terminate the Placecorner Account and the access to the Technology Platform and to the Service, should the User create more than (1) Placecorner Account, or should any information provided during the registration process or thereafter result inaccurate, not updated or incomplete. The User is in charge of its own password protection. The User states that it shall not disclose its own password to any third party and it shall undertake the sole liability for any activity or action related to its own Placecorner Account, regardless of the fact that it has authorized these activities or actions. The User shall forthwith notify Placecorner of any unauthorized use of its Placecorner Account.
Placecorner shall not be liable towards the Host, nor towards the Guests or any other third parties in case of delays, malfunctioning and/or disruption of the Technology Platform operation, caused by: (i) force majeure or accidental events; (ii) disruption in the provision of electrical power services. In any case, the Host and the Guest discharge Placecorner from any liability if they do not achieve the expected outcome by using the Technology Platform.
The Website and the Services are destined to people aged 18 or over (or, in any case, people having “legal capacity to act” on the basis of the rules applicable in their country of reference). Any access or use of the Website or Services by any person aged under 18 is expressly forbidden. By accessing or using the Website or the Services, the User represents and warrants to be aged at least 18 or to be a person having legal capacity to act.
Clause 5 – Space Listings
The User may create Listings in its capacity as Host to grant for temporary rent said Spaces, through the Technology Platform, pursuant to the Service Terms and Conditions. In order to create a Listing, the User will be asked some data in its capacity as Host on the Space concerned by the Listing, including, without any limitation, the place, capacity, size, features, availability and price, as well as the related rules and the financial terms. For the purpose of being published through the Technology Platform, all Spaces shall have a valid physical address and the Listing shall be completed in all of its parts: general data, location, prices calendar, features, terms and conditions, pictures. The Host may elect, in full autonomy, when publishing the Listing or amending or withdraw it from publication, all through the Technology Platform. Only Spaces found in Listings in the published status and, hence, visible on the www.placecorner.com website may be booked. The User, in its capacity as Host, understands and agrees that it is not entitled to ask the Guest to pay a price higher than the one mentioned in the Booking Request and that it cannot amend the price of Spaces under booking. The Host will be notified of the actions at its charge or made by the Guest via email and via its personal area (once made the login).
The Host acknowledges and agrees to be liable for all Listings it has published. Consequently, the Host represents and warrants that the Listings it will publish, (i) does not infringe any agreement entered into by the Host with any third party, such as contracts with associations, co-owners contracts, rental or hire and, (ii) (a) will be compliant to any regulations in force (as local laws and laws regulating temporary rentals), tax requirements, applicable rules and regulations to any Space whatsoever (also obtaining all required permits, licenses and registrations) and (b) is not in conflict with any third party rights. Please note that Placecorner declines any liabilities in respect of the offer compliance to any agreement or duty towards any third parties, laws, rules and regulations in force. Placecorner reserves itself the right, at any time and without prior notice, to remove or disable the access to any Listing, for any reason, including the Listings that Placecorner, at its sole discretion, deems questionable for any reason, in violation of these Service Terms and Conditions or the Privacy Information, or otherwise detrimental to Placecorner.
Placecorner will shortly activate a supplementary insurance, available to its Guests and Hosts, covering any damage arisen during the rent or in case of cancellation. Waiting for the effectiveness of this insurance coverage, the Hosts, should they deem it necessary, may autonomously take out insurance policies in order to cover from damages caused during the rental term, for which Placecorner is not liable, as set out hereunder.
Placecorner offers to the Hosts requesting it and depending on their availability on site, a Photo Shoot taken by a professional photographer. The Shoot is for consideration and the amount will be initially paid down by the Host, who will be refunded upon the first Space rental. The Photo Shoot will be made available to the Host who will be entitled to use the photos in its Listing. All pictures taken by photographs provided by Placecorner will be owned by Placecorner, regardless of their actual insertion in the Listing; the caption “verified by Placecorner” will be printed thereon. Placecorner may use these photos as contents of the website pages or of other communications, such as newsletters, social networks or emails. The photos will be clearly used anonymously, with no reference to the place ownership or full address.
A Space Listing cannot be removed, but the Host may put it offline (and thus not visible to third parties) any time it intends to. Should it be necessary to remove a Listing, such as in case of sale, owner’s decease, destruction of the relevant Space, the Host shall make explicit request to Placecorner in this regard, by sending an email to the following address: email@example.com.
Clause 6 – Space Bookings
The User may book Spaces as Guest for temporary use, via the Technology Platform pursuant to the Service Terms and Conditions.
The Guest interested in booking a Space, will be entitled to make a Booking Request or a Quote Request, if the Price of the Space is not published. It will also be entitled to ask in advance to the Host information on the Space, before making the Booking Request. All these actions may and shall be made through the Technology Platform and with the support of the functionalities present in the personal area. The Guest will be notified of the actions at its charge or made by the Host via email and via its personal area (once made the login).
If one Guest makes a Booking Request through the Technology Platform, the Host must confirm it or deny it expressly, according to the terms set out in the Technology Platform and by the Time for Booking Acceptance. Once this term elapsed without any Host Acceptance or Denial, the Booking Request shall automatically expire.
If one Guest makes a Quote Request through the Technology Platform, the Host may decide whether sending or not the Quote. If the Host does not communicate the Quote within 72 hours of the sending, the Request is deemed expired. If the Host sends the Quote to the Guest via the personal area, the latter shall communicate to the Host, according to the terms established, via the Technology Platform, the Acceptance or Denial of the Quote. It may also begin the negotiation with the Host via the message system. Regardless of the action taken by the Guest, this shall take place within 72 hours of the sending by the Host, failing which the Quote will be deemed expired, together with any ongoing negotiation.
The Host, also upon request of the Guest subsequent to the Booking Request, may apply a discount to be expressed as Special Offer. The Guest may accept the Special Offer by the Time for Acceptance as provided, i.e. 72 hours. Once this term elapsed, without any Guest Acceptance or Denial of the Special Offer, the Offer shall automatically expire.
In all these cases, both Host and Guest will be notified of the actions at their charge via email and via the personal area (once made the login).
Clause 7 - Payment and Financial Terms
7.1 Host Conditions
Following the Host Booking Acceptance or the Guest Quote Acceptance or the Special Offer Acceptance, the Guest shall make the payment of the Total Cost through the Technology Platform, by the Time for the Booking Completion. If this is not the case, the relevant Booking will be deemed expired and the parties will have no claim whatsoever against each other. The payment of the Total Cost takes place via the Payment Platform, as integrated to the Technology Platform. The Host will be notified of the actions at its charge or made by the Guest via email and via its personal area (once made the login).
In the event that, during the Booking Period, different prices have been fixed for each day, the Price of the Space will be the one calculated by Placecorner on the basis of a daily average to be multiplied for all days concerned by the Booking. Placecorner shall calculate the Guest Fees and the Host Fees on said amount, net of any discount (per week end, month or week).
For the purpose of completing the bookings, Placecorner will share with Mangopay® some personal information and data provided by the Guest. To this end, Placecorner, pursuant to Section 29 of Legislative Decree no. 196/03 (Privacy Code), appoints Mangopay® in charge of the treatment of the data that the Hosts and/or Mangopay® become aware of, even occasionally, performing the obligations provided hereunder, with particular reference to the management of the bookings services and the use of Spaces, as well as to the relevant terms of payment.
The Hosts, and not Placecorner, are exclusively liable for the completion of any Confirmed Booking and for making available any Space booked through the Technology Platform. If the Guest elects to enter into a transaction with one Host for the Booking of one Space, it understands and agrees that it will be requested to enter into an agreement with the Host and undertakes to accept any term, condition, rule and restriction associated to this Space, as imposed by the Host. The Guest acknowledges and agrees that the liability for the performance of the obligations under said agreements is at its charge and not at Placecorner’s charge; it further agrees that Placecorner is not party to said agreements and that, except for the payment obligations hereunder, it declines any liability deriving from or relating to said agreements. The Guest acknowledges and agrees that, regardless of the fact that Placecorner is not party to the agreement between itself and the Host, following its payment to Placecorner of the Total Cost, the payment obligation towards the Host for the Price of the Space will cease and Placecorner will have to pay the Host the Total Cost (Less the Fee), according to the terms specified under these Service Terms and Conditions. If Placecorner fails to pay said amounts in accordance with the provisions hereunder, the Host will be entitled to act towards Placecorner only.
The Host represents that:
1) It is the owner, manager or, in any case, the Spaces are under its availability also by virtue of other titles and, in such latter case, it has obtained the authorization from the actual holder of the Space to rent it to the Guest and promote it under the Technology Platform.
If the Host availability of the Space is based upon a title other than the ownership, co-ownership or management, Placecorner shall not be liable in any manner whatsoever for any claim of reimbursement, damages and, for any other legal action which might arise out of the Host and the actual holder of the Space;
2) It has fulfilled all insurance, tax, co-ownership obligations and charges relating to the Space of the real estate offered and promoted under the Placecorner platform, in compliance with the applicable law in the territory of the Country the Space is located;
3) It has fulfilled all relevant obligations and charges, with particular reference to those relating to the Space security, occupancy and energy efficiency;
4) It shall hold Placecorner harmless from any liability, claim for damages, penalties, fines and any other sanction and/or from any claim for payment made by any third parties, or following damages occurred to the Space, properties or persons for the whole term of use of the rented Spaces.
The Host undertakes to:
a) Comply with any provision set out in the Confirmed Booking (occurred payment);
b) Refrain from asking the Guest any sums, under any title. Any cost relating to problems regarding the Spaces during the term of the Confirmed Booking, and which are not the result of the Guest proven negligence or willful misconduct, will be at the sole Host charge;
c) Complete, with the requested data and documents, its private profile to be in the position to receive the credit to its bank account. These data, changing if the person is “an individual (holding VAT code) or “legal person (company)” are requested by Mangopay® GC and the relevant European regulation, with particular reference to those governing money laundering matters. The drafting of the profile shall be made – if not completed before - upon the first booking request, to send a quote or to send a special offer. However, the Host shall be in charge of updating these data and documents in case of any changes occurred in the future.
By virtue of the Confirmed Booking in compliance with the terms under the Technology Platform, a real estate (either urban or not) rental agreement is executed between the Guest and the Host for temporary use and the provision of accessory services, if any. The Host will be entitled to have the Guest sign further documentation, if considered necessary, always consistent with the Service Terms and Conditions, which shall prevail.
Each and any criminal and civil liability relating to the management of the relationship between the Guest and the Host pursuant to the Confirmed Booking and any related fulfillment are at the charge of the Host and the Guest only. No obligation arises at the charge of Placecorner with reference to the Spaces rental, the features of said Spaces, any accessory services provided by the Host or, in any case, to any aspect related to the Confirmed Booking. The Host holds Placecorner harmless from any liability in respect thereto and from any claim which may be made by the Users of any third parties with respect to the management and use of the Spaces or of the accessory services made available by the Host, if any.
7.2 Guest Conditions
The Guest makes the payment of the Total Cost of the Confirmed Booking via the Payment Platform, according to the terms set out under the Technology Platform and under these Service Terms and Conditions.
The Host will be notified of the actions at its charge or made by the Guest via email and via its personal area (once made the login).
It is here reminded that in order to make the payment and thus confirm the booking, the Guest shall have completed, with the requested data and documents, the compilation of its own private profile. These data, changing if the person is an individual/holder of VAT code or legal person (company) are requested by these Service Terms and Conditions, the Mangopay® Payment Platform and the relevant European regulation, with particular reference to those governing money laundering matters.
The Host undertakes in any case to hold Placecorner indemnified and harmless from any cost, charge or damage suffered by Placecorner or that it were held liable for, towards any third parties in relation or in connection with any damages caused to the Guests or to any third parties as a result of a negligence or willful misconduct ascribed to the Host or to its failure to meet the performances made available through the Confirmed Bookings.
Each Guest undertakes to pay to Placecorner the Total Cost of any Confirmed Booking following the acceptance of the Booking Request or Quote or Special Offer. The Space concerned by the Confirmed Booking will be blocked and cannot be booked by other Guests for 72 hours following the date of confirmation of the booking. Please note that Placecorner has no control over any fees charged to a Guest by its own bank in relation to Placecorner collection of the Total Cost, and Placecorner declines any liability in respect thereto.
In relation to the requested payment, the Guest will be asked to provide Placecorner – or any third party in charge of the Payments processing, with the usual invoice details, such as, for instance, name, invoicing address and credit card data. The Guest agrees to pay to Placecorner by bank wire transfer any Confirmed Booking, made in connection with its own Placecorner Account in compliance with these Service Terms and Conditions..
At present, the only method of payment is by means of bank wire transfer, which shall take place in compliance with Placecorner’s indications. The payment shall be made through the Guest home banking, using the bank details it is instructed by the Technology Platform during the payment process. Placecorner is about to activate the payment via credit card, still unavailable at the moment.
The Guest represents that:
1) It shall hold Placecorner harmless from any source of liability, claim for damages, penalties, fines and any other sanction and/or from any claim for payment made by third parties, or following damages occurred to the Space, properties or persons.
The Guest undertakes to:
a) a) Accept delivery of the property and comply with the care that a prudent man would exercise in making use of it for the use established under the agreement or for the use which may be inferred from the circumstances;
b) b) Refrain from carrying out any activity within the spaces and rooms concerned by the Booking, illegal activity or in the absence of authorizations, permits, licenses, concessions and any other requirement imposed by the law;
c) c) Comply with all legal, tax and administrative requirements, for the operation of the activities to be carried out within the Spaces and rooms concerned by the Booking, holding the Host and Placecorner harmless from any liability in respect thereto;
d) d) Return the property to the lessor in the same conditions as it was when it received it, in compliance with the description made by the parties, except for the wear and tear or consumption resulting from the use of the property in compliance with the agreement; it shall not be liable for the ruin or wear and tear due to its age;
e) e) Complete, with the requested data and documents, its private profile to be in the position to pay and confirm the Space booking. These data, changing if the person is “an individual (holding VAT code) or “legal person (company)” are requested by Mangopay® GC and the relevant European regulation, with particular reference to those governing money laundering matters. The drafting of the profile shall be made, if not made before, upon the first publication. However, the Guest shall be in charge of updating these data and documents in case of any changes occurred in the future.
The Guest is liable for:
a) The loss or wear and tear of the property occurring during the rental, even if deriving from fire, flood or any other harmful event, unless it proves that they have occurred for causes that cannot be ascribed to it and were unforeseeable;
b) The loss and wear and tear caused by persons it has allowed, even temporarily, using or enjoying the Spaces;
The Guest represents that it will not be entitled to any indemnity for any improvements made to the Space, unless there is a different written agreement with the Host. Any cost relating to problems regarding the Spaces during the term of the Confirmed Booking, and which are not the result of the Guest proven negligence or willful misconduct, will be at the sole charge of the Host.
Clause 8: Mangopay® Payment Platform
The payment system adopted by Placecorner in compliance with the terms provided by the Mangopay® Platform provides that, in order to confirm the booking, the Guest pays the Total Cost, which may take place via bank wire transfer. In this occasion, the Guest Fee shall be deposited on the electronic portfolio, assigned to Placecorner and the amount of the rent will be deposited on this Guest electronic portfolio. Once and only when 48 hours have elapsed from Check-In, and the Guest has made no claims pursuant to Clause 9 below, the Cost of the Period, net of the Host Fee, will be transferred to the Host bank account, as specified by the latter in its private profile. Please remind that failing to complete the private profile with the required data and documents prevents the amount crediting.
As already mentioned for the creation of the Listing and the Booking, as to the payment, both the Host and the Guest are notified of the payment status, via email (to the address provided by the User as it registers to the Platform) and via its personal area (once made the login). Irregularities in the payment reception or in the profile documents are also notified via email.
The payment process through the Mangopay® Platform enables to protect both the Host and the Guest, as well as Placecorner, from any fraudulent or unfair conducts. The booking will be confirmed only after reception of the payment made by the Guest. The Total Cost will be cashed in but retained on the Mangopay® Platform up to 48 from Check-In. This method guarantees the Host as to the financial availability of the Total Cost and the Guest as to the fact that said amount will be credited to the Host account only once the Check-In has occurred, unless any Complaint is notified within 48 hours. The documentation requested by Mangopay® for the drafting of the Guest and Host profile protects both and Placecorner, against tax frauds or money laundering.
Placecorner, through the Mangopay® Platform will cash in the Guest Fee upon confirmation of the booking via reception of the payment made by the Guest. On the other hand, the Host Fee will be cashed upon the Check-out (in the absence of any Complaint). In the period running from Total Cost charging from the Guest account and crediting to the Host account, this Total Cost will be deposited with the electronic portfolios managed by the Mangopay® Platform. No sum of money shall transit or be deposited on the Placecorner Technology Platform, since only Mangopay® has all authorizations and agreements required to move, cash in and manage the deposit in relation to the online payments.
Clause 9 – Security Deposits and Other Costs
Placecorner does not presently manage the security deposits, which shall be then settled outside the Technology Platform, directly between the Guest and the Host. The Hosts may choose to request security deposit upon Check-In, but this shall be expressly mentioned in their Listings under the item “additional costs” upon creation of said Listing. Under this item, other costs that the Guest shall bear during the rental may also be mentioned. The Host will be entitled to mention other costs or conditions to which the Guest renting that Space shall abide by, but only if expressly and clearly mentioned in the items “additional costs” and/or “additional terms”. Placecorner does not take part in any way to the definition of said costs as to the transaction itself.
Clause 10 – Commercial and Technical Support
Placecorner Service Fee further comprises the Commercial and Technical Support for the use of the Technology Platform. This Support is reserved to the Registered Users at Placecorner.com and it shall be requested via email to the addresses shown below and in accordance with the terms set out below: Commercial Support firstname.lastname@example.org; Technical Support email@example.com. The following shall be specified in the email: object matter of the request, phone number and email of the person to be contacted in case of need and the ID of the Placecorner Account. Placecorner will answer via email or will contact the User if the answer requires it. At present, Placecorner shall not answer to any request made by non Registered Users, or forwarded by Registered Users on the phone.
Clause 11 – Cancellations
11.1 Guest Cancellation
In order to cancel a Confirmed Booking, the Guest shall access its personal area/my bookings on the www.placecorner.com website, select the Booking at issue and click on the button/switch “cancel”. The request of cancellation automatically changes the Booking status, going from “confirmed” to “canceled”.
By 48 hours of the email reception, Placecorner shall get in touch with the Guest to understand the relevant reasons and reach an amicable settlement. Should the cancellation be confirmed, it will be triggered the partial refund procedure (net of the relevant penalty) via the Payment Platform. Cancellation will be notified to the Host via email and by Booking changing status, as above mentioned.
Penalty: Total Cost refund, net of twice the Guest Service Fee. The penalty is applied only in cases other than cancellation due to force majeure.
The Guest is aware that the consumer right of withdrawal for the distant contracts, as under the Legislative Decree no. 206 of 6 September 2005, as subsequently amended (Consumer Code), is not applicable to services concerning leisure, should the contract provide for a specific date or a period of performance, as in the case of Bookings. In consideration thereof, the right of withdrawal pursuant to the Consumer Code shall not be applicable to the Confirmed Bookings.
It remains the possibility to cancel the Confirmed Booking without being subject to Penalties in cases of proven accidental events or force majeure and acknowledged as such by Placecorner.
11.2 Host Cancellation
In order to cancel a Confirmed Booking, the Host shall access its personal area/my bookings on the www.placecorner.com website, select the Booking at issue and click on the button/switch “cancel”. The request of cancellation automatically changes the Booking status, going from “confirmed” to “canceled”.
By 48 hours of the email reception, Placecorner shall get in touch with the Host to understand the reasons and reach an amicable settlement. Should the cancellation be confirmed, it will be triggered the partial (net of the relevant penalty) refund procedure via the Payment Platform. Cancellation will be notified via email to the Guest and by the Booking changing status, as above mentioned.
Penalty: unless the events of force majeure, the Host shall pay (waiting for the activation of the payment by credit card) to Placecorner a penalty equal to twice the Host Fee, i.e. 20%.
The bank details and the refund causal will be notified via email by Placecorner to the Host. Should the Host fail to observe such obligation, Placecorner shall retain the penalty from the amount of Host next rent, regardless of the Space at issue.
It remains the possibility to cancel the Confirmed Booking without being subject to Penalties in cases of proven accidental events or force majeure and acknowledged as such by Placecorner.
Clause 12 - Complaints
To make a Complaint in respect of a Confirmed Booking, the Guest shall access its personal area/my bookings on the www.placecorner.com website, select the Booking at issue and click on the button/switch “Complaint”. The Complaint message automatically blocks the crediting to the Host bank account, sending a message to Placecorner that by 24 hours shall get in touch with the Guest to understand the reasons of the Complaint.
The Guest will be entitled to take this action only by 48 hours of the Check-In date. Once this term elapsed, in the absence of any Complaint, the agreed amount shall be automatically credited to the Host account, always net of Placecorner remuneration, upon the check-out.
The Booking shall be blocked for 7 days, by which the Guest and the Host shall autonomously find an amicable settlement without any mediation from the Technology Platform or Placecorner. Should the Host and the Guest fail to reach an agreement, both Fees shall be retained waiting that the insurance company establish the proper cause of the Complaint and the refund procedure of the Cost of the Period to the Guest account shall be automatically triggered.
Clause 13 – Messages within the Technology Platform
In the event of challenges, remarks on the Service, Complaints and in any case observations on the Listing and/or on the terms of execution of the Confirmed Booking and/or the use of the Spaces and/or of properties contained therein arising between the Guest and the Host, the internal messages of the Technology Platform, available for the exchange between Host and Guest (My Messages) will be used as support of the Complaint procedure. The messages and communications exchanged between Host and Guest outside the messages area offered by Placecorner shall not be taken into account for the purpose of the Complaint procedure triggered by either Party pursuant to these Service Terms and Conditions.
Clause 14 – Rounding off
Placecorner may, at its sole discretion, round up or down the amounts to be paid by or to the Guests or Hosts, to the nearest numeric functional unit in which the currency is denominated.
Clause 15 – Mistakes in the Payment Processing
Placecorner shall adopt measures to rectify any mistake occurred during the payment processing Placecorner becomes aware of. Such measures may include crediting or charging (as required) the same means of payment used by the User for the initial payment, so as to allow paying or receiving payments of the rectified sums.
Clause 16 – Tax and Sanctions
Tax regulations may require collection of specific information from our Hosts or performance of given obligations. Therefore, Placecorner reserves itself the right, at its exclusive discretion, to block all payments due to the User until the issue is solved and/or to retain said amounts in compliance with the relevant legal provisions.
Each and any criminal and civil liability relating to the management of the relationship between the Guest and the Host pursuant to the Confirmed Booking and any related fulfillment are only at the charge of the Host and the Guest. No obligation arises at the charge of Placecorner with reference to the Spaces rental or use, the features of said Spaces or in any case to any aspect related to the Confirmed Booking. The User holds Placecorner harmless from any liability in respect thereto and from any claim with respect thereto and from any claim which may be made by the Guests or Hosts or by any third parties with respect to the management and use of the Spaces.
Clause 17 – Foreign Currency
EURO is currently the only currency provided as payment currency by the online Placecorner Platform.
Clause 18 – No application of the Consumer Code
The Guest is aware that the consumer right of withdrawal for the distant contracts, as under the Legislative Decree no. 206 of 6 September 2005, as subsequently amended (Consumer Code), is not applicable to services concerning leisure, should the agreement provide for a specific date or a period of performance, as in the case of Confirmed Bookings.
In consideration thereof, the right of withdrawal pursuant to the Consumer Code shall not be applicable to the Bookings.
Any expense borne by Placecorner to refund the Users as a result of said cancellations (bank fees, other administrative taxes, etc.) shall be fully borne by the Host or the Guest.
Clause 19 - Placecorner Account Cancellation
The User will not be entitled to cancel the Placecorner Account autonomously and until all Confirmed Bookings relating to that account are properly finalized. If, on the contrary, no Confirmed Bookings (current or future) is being processed, the User will be entitled to ask to Placecorner to cancel the Account, by sending an email to firstname.lastname@example.org, specifying the object matter of the request, the phone and email details of the person to be contacted in case of need and the ID of the Placecorner Account. This cancellation will not entail any loss of any considerations accrued by the User or by Placecorner and to be paid.
Clause 20 – Additional User Obligations
The User is expressly banned from benefiting or enabling any third parties to benefit from the Placecorner Account:
i) i) to violate the provisions hereunder and/or laws and regulations in force and/or measures taken by competent public authorities or to cause a nuisance to third parties (including, without any limitation, performing spamming activities);
ii) ii) to operate in a manner which is not compliant to the practice of any net or to the Internet standards, including the Netiquette rules, as adopted by national or international registration authorities;
iii) iii) To publish or provide any pornographic, pedophile material or material having erotic or obscene character or, in any case, unfit for persons aged under 18 or expressions promoting fanaticism, racism and violence.
The User warrants – also for its employees to whom access information relating to the Placecorner Account are provided – that ID and password provided to the User by Placecorner will be kept confidential and held by the latter according to the applicable legal provisions and the best security standards developed by the good practice and the relevant agreements. It remains understood that Placecorner is not liable for damages suffered by the User or any third party as a result of the illegal use of the access information
Placecorner reserves itself the right to remove or amend, without need of prior notice, any User data or information, as well as any other content relating in any case to the Placecorner Account, which is or may be violation of mandatory laws rules or any third party rights or obligations undertaken by the User. In this case, Placecorner shall notify the User of the occurred removal or amendment.
The User acknowledges and agrees that Placecorner is entitled to record the data and information relating to the Placecorner Account – including the Guests personal data – for security reasons regarding these data and/or to perform the Agreement and/or legal obligations and/or measures taken by competent public authorities.
Clause 21 – Limitations and Exemptions of Liability
The User acknowledges that Placecorner does not operate as commercial broker or real estate agent, nor has it any control or supervision and it does decline all liabilities in respect of the activities carried out by the Hosts for the benefit of the Guests or on basis of the Confirmed Bookings.
Placecorner shall not be liable towards the Host or the Guests or other third parties in case of delays, malfunctioning and/or disruptions in the operation of the Technology Platform caused by:
a) Force majeure or accidental event;
b) Disruption in the provision of electrical power services.
The User discharges in any case Placecorner from any liability if it does not achieve the expected outcome by using the Technology Platform.
The User is aware that Placecorner is not equipped with any support service to the Users and, therefore, holds the latter harmless from any liability in respect thereto.
Clause 22 – Host trademark, domain names and distinctive signs
The Host grants to Placecorner the right to use the trademarks, distinctive signs and any Host websites for the purpose of performing the Agreement only as of the realization and management of the Placecorner Account and the Bookings.
The Host warrants it has the power to dispose lawfully and on an exclusive basis the distinctive signs, trademarks and internet domains published on the Placecorner Account.
Clause 23 – Placecorner Property Rights
Placecorner is the creator and the author, pursuant to Law no. 633 of 22 April 1941, as subsequently amended and supplemented, of the Technology Platform and of the trademark and logo “Placecorner”, whether or not registered or under registration, anywhere in the world and all relevant rights are reserved, including the relevant rights of economic exploitation.
Placecorner is the owner of the www.placecorner.com website, the applications for mobile devices under the name “Placecorner”, the related operating platform, the relevant software and IT architecture, all databanks relating to all Users, codes, methods, algorithms and instructions representing technical, creative or organizational improvements, updating, releases. Each and any application and functionality related to the above-said website and applications, outcome or finding are used or developed by Placecorner – or by any third party it has entrusted with said task – for the coordination and interaction of this website and application for mobile devices or exclusively for the realization, activation and management of the Host Account and/or the provision of the services to the Users. In particular, Placecorner has full title to the software, know-how, computer (application and operating) programs, code, their relevant adjustments, amendments, changes and customizations of the indications, instructions or documents, under any form, installed or to be installed, including those relating and/or developed in connection with the above-said website and applications for mobile devices, as well as of the relevant business models.
Placecorner is the sole owner of trademarks, domain names and distinctive signs relating to the name “Placecorner”, which the Host will not be entitled to use without Placecorner prior written authorization.
Clause 24 - Duty of Confidentialit
The User undertakes, for the whole term of the Agreement, to keep confidential, refrain from disclosing, either directly or indirectly, to any third parties, without the prior Placecorner written consent, any piece of information, news or data, including those regarding the Guests or the Hosts and those of technical, commercial or industrial nature, patents, know-how, relating to the business carried out by Placecorner, it has become aware of in relation to the execution and performance of the Agreement, and not yet known to the public.
Clause 25 – Jurisdiction
This Agreement is governed by the Italian law.
All disputes arising out of this Agreement, including those relating to the validity, interpretation, performance and termination, shall be preliminarily subject to an amicable settlement attempt between the parties, sending a conciliation proposal to Placecorner address details. The conciliation shall be characterized by the absence of formalities. Should the conciliation attempt fail within 60 days of the date the conciliation proposal has been sent, the Courts of Cagliari shall have exclusive jurisdiction to settle the disputes, with the exception of any jurisdiction devolved to other courts by the applicable mandatory regulations. It remains valid the absence of Placecorner liability in relation to the underlying relationship.
Clause 26- Miscellanea
Amendments to the Agreement. Placecorner may unilaterally amend these Service Terms and Conditions, by giving timely notice thereof, by publishing it on the www.placecorner.com website and email notice, if any, sent to the Host or the Guest.
Update: 7 october 2015