This document reports the general terms and conditions of use (“Terms and Conditions”) of the website www.stage-air.com (“Website”) owned by StageAir Srl, a company with registered office in Via della Croce Rossa 112, 35129 Padua – Italy, registered in the Padua business register no. REA , VAT number 05177530283 (“StageAir”), which apply to all those who intend to browse the Site (“Users”). StageAir invites all Users to read the Terms and Conditions and to print and keep a copy of the same. By accessing the Website or, in any case, browsing the web pages of the same, the User accepts the Terms and Conditions. If a User does not intend to accept the Terms and Conditions, it is sufficient he/she refrains from browsing the Website. The Terms and Conditions may be amended or simply updated, in whole or in part, by StageAir at any time, without giving prior notice to Users of these circumstances and without prejudice to the burden of the latter to periodically view the same before accessing the Website’s contents.
Before using the services available on the Website, StageAir invites each User to carefully examine:
- The general conditions relating to payments, in the event a User registered on the Website purchases a service (“General Payment Conditions”).
CONTENT OF THE WEBSITE
StageAir provides an online platform that allows:
- Agencies, companies, companies and other commercial partners of StageAir (“Providers”) to promote, advertise and market their products and services (“Services”) so that the Users may order, purchase, and booking the same;
- Users to search, find and compare the Services and make purchases and payments in relation to them.
StageAir merely discloses information provided by each Providers. When a User purchases a Service, he/she establishes a direct contractual relationship with the chosen Provider. StageAir does not sell Services to Users. StageAir provides its services with diligence and attention, but is unable to verify and guarantee the accuracy, completeness and correctness of the information provided by each Provider. Therefore, it cannot be held responsible for any erroneous, inaccurate, misleading or wrong information provided by a Provider. Each Provider is exclusively responsible for the accuracy, completeness, truthfulness and correctness of the information provided and published on the Website (e.g. prices, terms and conditions of contract, contact information). The Website does not recommend or support any Provider in terms of quality, level of service, etc. Certain features of the Website are reserved for registered users. In particular:
- each User, even if not registered on the Website, may view the Services offered from time to time by the Providers;
- however, only registered Users may purchase the Services.
REGISTRATION ON THE WEBSITE
In order to be registered on the Website, a User must:
- click on the appropriate “register” button on the Website;
- fill in the fields indicated as necessary, and in particular:
- name and surname;
- date of birth;
- tax code;
- for underage Users, the personal data of a person exercising parental responsibility (e.g. a parent, tutor, etc. as the case may be – the “Guardian”);
- grant, where desired, consent to the processing of personal data to send advertising information;
- click on the double expression of consent to the General Conditions;
Underage Users will be able to purchase Services only with the approval of the Guardian. To that end:
- each underage user must, when registering, indicate the personal data and a contact email address of the Guardian;
PURCHASE OF THE SERVICES
Once registered on the website, Users can (where appropriate, with the approval of the Guardian) purchase the Services offered by the Providers. Users and Guardians are required to carefully read the terms and conditions relating to each Service. For any clarification or further information, Users and Guardians may contact StageAir at the following addresses: firstname.lastname@example.org. The purchase of the Services will take place as follows:
- after selecting the desired Service, Users can click on the Paypal button to proceed with the purchase by following the relevant instructions;
- the purchase agreement will be considered completed when the User (i) uploads the contract with the Provider to the Website, duly completed and signed; (ii) has made the payment of the deposit, in accordance with the General Payment Conditions.
By purchasing a Service, Users establish a direct contractual relationship with the relevant Provider. Starting from this moment, StageAir will act exclusively as an intermediary between the User and the Provider, assisting both in the exchange of information, in payments and / or with additional services.
The use of the Website by Users is free. However, if a User purchases a Service, part of the relevant price will be retained by StageAir for its activity. For any further information in relation to the management of costs and payments, Users are invited to carefully read the General Payment Conditions.
The contents of the Website (e.g. texts, photographs, images, tables, screens, audio and audiovisual reproductions, etc.), as well as any related software, are protected by current copyright and IP laws. It is not allowed to copy and / or reproduce, in whole or in part, temporarily or permanently, in any way or form, the content of the Website without written authorization by StageAir or, where applicable, of the relative owners. If a User uploads photos and / or images to the Website, he/she: – guarantees to be the author of these photos and / or images, or to have the right to use them, including the right to transmit them to StageAir and to license them to StageAir for the latter to use them on the Website and / or on its social platforms; – guarantees that these photos / images do not contain viruses, trojans or infected files, nor pornographic, illegal, obscene, offensive, tacky or inappropriate material. Otherwise, StageAir will have full right not to publish and / or remove the photos / images; – grants StageAir a non-exclusive license to use, reproduce, show, distribute, sub-license, communicate and make available the photos / images in such manners that StageAir deems appropriate from time to time; – guarantees that the published photos / images do not contain and / or do not infringe industrial, intellectual, copyright or similar third-party rights. Otherwise, StageAir will have full right not to publish and / or remove the photos / images; – guarantees that the publication of these photos / images does not violate data processing rights of any third party; – undertakes to keep StageAir harmless and indemnified in relation to any damage that may derive from the published photos / images.
HOW TO USE THIS WEBSITE
Users will be the one and only responsible for the use of the Website and of its contents. StageAir cannot be held responsible if Users use the Website or the information contained therein in a manner that does not comply with current regulations. In particular, Users are solely responsible should they communicate incorrect, false information, or data pertaining to any third party without the consent of the latter or make any incorrect use of the data. Each User is required to: – use the Website, and the material contained therein, exclusively for lawful purposes and in compliance with current laws; – maintain diligent and good faith behavior while browsing on, and using the, Website. The Website is reserved exclusively for consumers, intended as natural persons who act on the Website for purposes unrelated to their business, commercial, craft or professional activity. Each User wishing to access the services of the Website for which registration and log-in is necessary is required to: – provide truthful and correct information, relating only to himself or to third parties who have given their consent, or to minors in relation to whom the User is a Guardian; and promptly inform StageAir in case of any changes to the information provided; – inform StageAir if have reason to believe that his/her account has been hacked. The responsibility deriving from the use of the account remains with the User in the event that the use (fraudulent or not) by third parties depends on negligence, imprudence or is in any case attributable to the User, also for the failure to adopt by part of the same adequate password protection measures. Except and without prejudice to any right to act in all the appropriate venues, StageAir can immediately block, suspend, revoke access and / or cancel the User’s account and any activity carried out on the Website itself; – not register and not purchase any Service, if the User is less than 18 years old. StageAir will cancel any registration if it becomes aware of the fact that the User is less than 16 year or that the User has voluntarily declared falsehood about his age during the registration procedure; – use the Website, and purchase Services, only in its own name and on its own account (except for Guardians).
StageAir will be held liable only for direct and immediate damages actually suffered by a User, due to a failure to comply with its obligations, in relation to the services it should have fulfilled and taking into account all these General Conditions. Unless otherwise provided for by mandatory applicable law, compensation cannot exceed the cost of the Service purchased by the User. However, to the extent permitted by applicable law, StageAir (nor its directors, employees and / or collaborators) will not be held responsible for: – punitive, special, indirect or consequential damages; loss of profit, income, contract or chance; good name and reputation; – damages deriving from Providers’ contractual breaches; – damages of any kind (including those resulting from personal injury, death, or other injury) suffered by a User while using a purchased Service.
Users who have purchased a Service may, after the use of the same, leave a review on their experience. The User’s judgment could be (a) uploaded on the Provider page in order to provide future Users with their point of view on the Service; (b) used by StageAir to evaluate the Service offered by the Provider; and (c) used by StageAir on the Website or on its social platforms, in its newsletters, etc.; without prejudice to StageAir’s right to cancel reviews after an appropriate period of time. Reviews can be sent by Users within 5 days of the end of the Service. StageAir has the right not to publish, or if published to cancel, reviews containing: – vulgarity, sexually explicit expressions, incitements to hatred and violence, discrimination of any kind, threats; – personal data; – promotion of illegal activities; – political opinions.
CANCELLARION FROM THE WEBSITE
The User has the right to cancel, freely and at any time, its registration on the Website, for whatsoever cause; to exercise this right, the User must send an email to the following address email@example.com. StageAir will confirm the User of the cancellation of its registration at the e-mail address indicated by the User when registering.
Changes or additions to the Site StageAir may at any time replace, add, modify and / or integrate the Website. Such activities could make it temporarily or permanently impossible to access the Website.
Invalidity of clauses
These Terms and Conditions replace any other document regulating the usage of the Website. The possible invalidity or ineffectiveness of a single provision does not affect or invalidate the other provisions contained in these Terms and Conditions.
StageAir cares about its Users, who can send suggestions, request clarifications or information, report malfunctions, file complaints etc. to the following e-mail address: firstname.lastname@example.org.
These Terms and Conditions are prepared in Italian, with courtesy translation in multiple languages such as this one in English. In case of inconsistencies, the Italian version shall prevail.
Third party material
The Website may contain links to websites owned by third parties. In such cases, the hypertext links will only have the function of facilitating the navigation of the Users, without there being any relationship between the Website and the content of the third-party website. These links do not constitute a recommendation by StageAir to visit the linked websites. StageAir does not control or monitor these websites, and therefore StageAir cannot be held in any way responsible for their contents and / or rules, not even in relation to the processing of personal data connected to browsing operations.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are governed exclusively by Italian law. For any controversy, StageAir invites Users to send an email to the following address: email@example.com in order to find a friendly solution. If the matter is not resolved, each User can send a complaint via the European Commission’s online dispute resolution platform, at the following address: http://ec.europa.eu/odr. Without prejudice to the foregoing, any dispute that may arise between the parties in relation to these Terms and Conditions, including those relating to their validity, effectiveness, interpretation and execution will be the exclusive competence of the Court of Padua, or the Court that should be considered mandatory in based on mandatory rules (e.g. regarding consumer protection). *** These General Terms and Conditions (from now on, even just “Conditions”) apply to each Service Performance Agreement concluded between StageAir S.r.l. (from now on, even just “StageAir”) and any Accomodating Structure (from now on, even just “Accomodation”) that intends to take advantage of the platform www.stage-air.com. The Terms, together with the documents attached to them or recalled by them, constitute the full discipline of the Contract between StageAir and the Accomodation and replace any other and/or different conflicting term and/or condition proposed by the Accomodation, verbally or in writing, and not expressly accepted by StageAir.
Contract: the Agreement between StageAir and the Accomodation which regulates all services rendered by the Accomodation to Platform Users, governed by the Terms. Personal data: any information relating to an identified or identifiable physical person. Fee: the fee owed by the Accomodation to StageAir under Article 4 of the Terms. StageAir platform or Platform: the websites, apps, tools, platforms of StageAir through which the Service is made available and delivered. Additional services: any additional services offered to User by the Accomodation. Service: the system provided to Users by StageAir for online booking of internships in a facility offered by the Accomodation. Structure: the agency or company that takes part to the Service and enters into the Contract with StageAir. Cancellation Terms: the terms attached to the Terms and according to which Users are allowed to cancel the reservations made for the use of the Service. User: the individual, adult or minor, who adheres to the Service by signing up for the Platform.
2. Obligations of the Accomodation.
2.1. The information provided by the Accomodation to be included in the Platform must include all the essential data related to the Accomodation itself. 2.2. The information in the previous paragraph shall not contain telephone numbers, web addresses and/or other extreme contact with direct references to the Accomodation. StageAir reserves the right to modify or remove certain information. 2.3. The Accomodation states that the information provided is true and is always responsible for their accuracy and for updating them. 2.4. When signing the Agreement and then registering to the Platform, the Accomodation is required to read and accept the Cancellation Terms that StageAir uses in providing the Service, which are attached to these Terms and downloadable on the StageAir website. These Cancellation Terms are deemed as fully accepted as of the Accomodation’s registration to the Platform. After the registration, by accessing its reserved area on the Platform, the Accomodation will be required to communicate to StageAir which of the different versions of the Cancellation Terms it will adopt in the use of the Service. 2.5. StageAir may update and modify the Cancellation Terms by giving written notice to the Accomodation with a minimum of 15 days. After this period the new version shall be deemed as fully accepted. 2.6. The Accomodation shall inform StageAir about the applicable fees and charges that will be charged to Users. The rate shown to Users on the Platform must include sales taxes, charges and any tax, commission or charge (national, regional, local etc.).
3. Use of the Platform.
3.1. The Agreement shall be binding as of the confirmation of the registration to the Platform sent by StageAir to the Accomodation, i.e. after an e-mail following the telematic submission of the application. 3.2. The Accomodation will receive a communication for each booking made by a User on the Platform, that will include the date of arrival, the duration of the stay as well as the name, address and details of the User as well as any other specific requests made by the User. 3.3. The Accomodation shall confirm the reservation within 3 (three) working days from the receipt of this notice. The Accomodation is allowed to refuse to provide the Service requested by Users up to a maximum of 3 (three) times in a calendar year, subject to the termination of the Agreement under Article 1456 Italian Civil Code. 3.4. When making a reservation through the Platform, a contractual relationship is established exclusively between the Accomodation and the User. StageAir shall only have an intermediary role between the parties and in no guarantees the fulfillment of the obligations taken by the User: any complaints or claims by the Accomodation must therefore be directed to and managed directly with the User. StageAir reserves the right, at its own discretion, to act as an intermediary between the Structure and the User if there are disputes between them. 3.5. The Accomodation is required to accept the User as its contractual counterpart and shall manage his/her booking in accordance with the information provided by the Accomodation and reported on the Platform, as well as included in the booking. It is therefore forbidden for the Accomodation to discriminate against different Users for any reason, and equally any act of the Accomodation that violates the principle of equal treatment of Users is prohibited. 3.6. If a User cancels his booking under the Cancellation Terms chosen by the Accomodation, the Accomodation itself shall give back the sums received for that booking to StageAir within 3 (three) working days, reserving only the right to withhold the sums that under the Cancellation Terms are paid by the User as a penalty for cancellation.
4.1. For the use of the Platform, the Accomodation shall pay to StageAir the following sums: 300.00Euros (the “Fee”). 4.2. The Fee owed by the Accomodation to StegeAir is considered to be net of all charges relating to taxes and expenses of any kind, which remain at the expense of the Accomodation unless otherwise agreed in writing between the parties. 4.3. With the acceptance of these Terms, the Accomodation designates StageAir as its agent to collect the sums owed by the Users for the completion of the Service. StageAir therefore undertakes to transfer to the Accomodation the sums collected under this mandate within 5 (five) working days, reserving the right to withhold what is owed as a Fee.
5.1. By accepting these Terms, the Accomodation gives StageAir a non-exclusive license (or sub-license, if applicable) free of royalties and valid worldwide, and its rights that authorizes the use, reproduction, release, communication, and the possibility to make available in any way the identifying elements of the Accomodation (including logos and trademarks) provided by the Accomodation itself under the Terms of the Agreement and for the purposes of the Service. 5.2. No provision of the Terms may be understood and/or interpreted as a change in the ownership and/or title of ownership of the respective intellectual property rights of the parties.
6. Declarations and guarantees.
6.1. For the entire duration of the Agreement, the Accomodation declares and guarantees to StageAir that: – the Accomodation has the rights, faculties and authority to use, operate, possess and license to StageAir the information useful for the use of the Service; – the Accomodation has, and complies with, all permits, licenses, registrations and government requirements necessary to conduct, carry out and continue its operations and activities, and to make available the Accomodation for booking on the Platform; – the Accomodation shall operate in accordance with applicable laws, codes, regulations, ordinances and government regulations in the country in which the Accomodation operates and/or is registered in regard to the services it will make in the performance of the Service. 6.2. StageAir shall not be liable for any faults, interruptions or unavailability (temporary and/or partial) of the Platform. 6.3. StageAir shall in no way be liable to the Accomodation and/or the User for what they agreed in relation to: (1) any terms and costs of the additional services provided by the Accomodation; (2) any development of the relationship between the User and the Accomodation in the form of an employment contract, which they therefore remain free to enter into without any involvement or obligation for StageAir. 6.4. In any case, StageAir’s liability for the non-fulfilment of its obligations is limited to the value of the Fee paid by the Accomodation. 6.5. The Accomodation shall keep StageAir harmless for any liability, costs and/or damages incurred or suffered by StageAir in connection with the non-fulfilment of the Contract by the Accomodation.
7. Non-competition clause.
7.1. The Accomodation undertakes not to act or carry on any activity that may be in competition with the StageAir business for the entire duration of the Agreement. In particular, the Accomodation shall not enter, with Users or former Users, into relationships others than the ones agreed by using the Platform and for the use of the same services offered with the Platform. 7.2. This duty also extends to 12 (twelve) months after the termination of the Contract. 7.3. In the event of a non-fulfilment of this article, the Accomodation shall pay to StageAir a penalty under art. 1382 Italian Civil Code equal to the value of four (4) times the Fee abstractly applicable, without prejudice to the right of compensation for further damages.
8.1. Membership in the Platform is intended to be carried out indefinitely without a specific term of duration. Each party has the right to withdraw from the contract via PEC/recommended A/R communication with a minimum of 3 (three) months’ notice. 8.2. The Accomodation shall anyway honour bookings received during the notice period.
Subject to the provisions of other articles of these Terms, StageAir may terminate the Agreement under Article 1456 Italian Civil Code: a) If the Accomodation does not fulfil its obligations under articles 2.2, 2.3, 2.4, 3.3, 3.5, 3.6, 6.1, 6.4, 7.1, 7.2, 8.2, 11.2, 11.3, 12; b) In the event of a material breach of any of the clauses in these Terms. It is understood that a breach of contractual obligations other than those referred to in paragraph a) of this article may be considered as essential if, after a written request to comply with that obligation, the Accomodation does not fulfil within 15 (fifteen) days of its receipt.
10. Applicable law and jurisdiction.
10.1. Any dispute relating to the interpretation, execution and termination of this Agreement will be decided exclusively by the Court of Padua. 10.2. These Terms and contracts are governed by the Italian law.
11. Data protection.
11.1. The Accomodation states that it knows and accepts the StageAir Privacy Statement attached to these Terms. 11.2. The Accomodation shall process the personal data acquired for the Service in accordance with the Information Statement, and in accordance with the current rules of the EU Regulation 2016/679 (GDPR). 11.3. If requested by StageAir, the Accomodation undertakes to sign a contract to be appointed External Data Processing Officer under the EU Regulation 2016/679.
12.1. The Accomodation undertakes, even for its employees/collaborators, to use any information communicated by StageAir which is confidential and generally non-public (such as for example: commercial and marketing strategies, technical and specific know-how information, User’s and Accomodation’s data base, tariffs, intellectual property rights) as well as the existence and content of the Agreement itself (the “Confidential Information”) exclusively for the performance and execution of the Service and for the purposes related to the Agreement. 12.2. The Accomodation shall not to disclose and/or publish and/or divulge such Confidential Information to any third person, company or entity either in written, oral, graphic or electronic form or in any other form, without the previous written consent of StageAir. 12.3. The Accomodation also undertakes to take all necessary measures to ensure that its members, directors, advisers, employees, and/or others who, for whatever reason, have access to that Confidential Information, maintain the most absolute confidentiality in relation to Confidential Information, even accordingly with Article 1381 Italian Civil Code, and shall also transfer to them the confidentiality obligations contained in this article. 12.4. Confidential Information are and remain exclusive property of StageAir and will be disclosed to the Accomodation only for the time it takes to execute this Agreement; the Accomodation, therefore, shall not in any case transfer, reproduce, copy all or part of the Confidential Information or use it for purposes other than the execution of the Agreement, without StageAir’s prior and specific written consent. 12.5. The confidentiality obligations referred to in this article will remain applicable even after the termination of the Agreement for any reason that has intervened. Regardless of the termination of cooperation between the parties for any reason, any obligation relating to the Confidential Information revealed to the Accomodation shall remain in force for the duration of minimum 10 (ten) years as of the last communication between the parts. 12.6. Any document containing Confidential Information (whether in paper or electronic form) provided by StageAir and/or processed by the Accomodation during the Contract shall be, at StageAir’s discretion and at its mere request, returned to StageAir or destroyed/deleted at the moment of termination of the Contract for any cause that has occurred, as well as in the case of a specific StageAir request.
13. Final provisions.
13.1. If a clause in these Terms is found to be null or ineffective, any nullity or ineffectiveness shall not extend to the remaining contractual provisions. 13.2. Any communication between the Parties shall be valid only if made in writing. 13.3. Any changes or additions to this Agreement must be made in writing and signed by both parties to be deemed as valid and effecitve. 13.4. The fact that StageAir fails to exercise a right or faculty accorded by these Conditions cannot be interpreted as a general waiver of that right or faculty, nor may prevent StageAir from asking for the right performance of all the clauses of the Terms.