General terms and conditions of contract and use of the Bricchi de mâ platform
These general terms and conditions of contract and use of the platform (hereinafter, “General Conditions” or “Contract“) constitute the terms and conditions that regulate access to the “Bricchi de mâ” platform (hereinafter, “Platform”) and the use of all the services available therein (hereinafter, “Platform Services”) by any Entity and Organization, public or private, or by a natural person in the capacity of a professional (hereinafter collectively “Partner”), who satisfies at least one of the following conditions:
A) Owns, manages and/or directly protects a place of recognized environmental and/or cultural value, e.g. Park, Protected Area, Archaeological Park, UNESCO Site, Botanical Garden, Historical Garden, Itinerary, etc. (hereinafter “Location”) in the territory of the Ligurian Tigullio;
B) Offers and organizes activities, events, shows, excursions, trekking, guided itineraries, exhibitions, installations, routes, guided tours, festivals, conferences, workshops, courses, events, services, etc. (hereinafter, “Experiences”) within a Location in the Tigullio Logure area.
These General Conditions are considered known through their publication at the link https://www.bricchidema.it/condizioni-generali-di-contratto-e-uso/ and are reported in the registration form on the website www.bricchidema.it. These General Conditions completely replace any previous version of General Conditions, which therefore cease to be effective from the date of publication on the website. Any changes are communicated to the Partner with the methods indicated in the following art. 20.
Identification of the Provider:
The Agreement is concluded by the Partner with J’eco srl (hereinafter, also “J’eco”), C.F. and VAT number 03328060987 with registered office in Brescia (BS) Via Bezzecca, 10, and operational headquarters in Milan (MI), via Lorenteggio 177, in the person of the Legal Representative pro tempore (also, the “Party”). In fact, J’eco is the owner and exclusively manages the Services of the Platform www.bricchidema.it and administers all the functions by providing the Services of the Platform to the Partners and also to the end users (“User/s”).
As administrator of the Platform, J’eco is responsible, in particular, for:
– the definition of contractual relationships and the management of sub-licenses for use of the Platform to the Partners;
– the management of relationships with the Partners for the administration of the Locations and Experiences (as defined below);
– the management of the area for booking and/or pre-sales of the Experiences that the Partner offers to Users.
Art. 1 – Premises/Definitions/Annexes
1.1. The premises constitute an integral and substantial part of these General Conditions.
1.2. J’J’eco is the owner, has designed and developed the online digital Platform called Bricchi de mâ, which it sub-licenses to the Partners.
1.3. The Platform is accessible via the Internet in SaaS (Software as a Service) mode with which the Partner, through the content management system “Web Content Management System” (hereinafter, “WebCMS”), can promote the Locations and its Experiences and use the Platform Services described in the following art. 2.
1.4. The WebCMS of the Bricchi de mâ Platform is a tool reserved for entities, organizations, professional, creative and hobbyist users, and the Partner, by signing the Contract, expressly declares itself as such.
Art. 2 – Object of the General Conditions – Platform Services
2.1. The following services, collectively defined as “Platform Services”, are the subject of these General Conditions:
a) a free sublicense for the use of the Platform via WebCMS;
b) the free promotion Service by the Partner of the Locations and its Experiences (hereinafter “Contents”);
c) the booking Service for the Experiences offered by the Partners free of charge to users (hereinafter, “Free Booking Service”) referred to in the following art. 8;
d) the pre-sale Service for the Experiences offered by the Partners to users for a fee (hereinafter “Paid Booking Service”) referred to in the following art. 9.
2.2. J’eco, in compliance with the terms and conditions of these General Contract Conditions, provides the Partner with a personal, free, revocable, non-exclusive, non-transferable, non-assignable sublicense limited to the uses permitted by these General Conditions of the Bricchi de mâ Platform, which allows the Partner to publish, directly and autonomously, its Contents, through the WebCMS application. Due to the nature and functioning of the Platform, the Partner directly and completely autonomously manages the functions made available in its profile and it is the Partner itself, under its own exclusive responsibility, to use the tools provided by the Platform, as specified below.
2.3. In addition to the free sublicense referred to in the previous art. 2.2, the Platform allows the Partner to manage the free and/or paid Booking Service, as specified in the following arts. 8 and 9.
Art. 3 – Archives
3.1. Each publication by the Partner on the Platform can be consulted online by Users, 24 hours a day, 7 days a week, 365 days a year, without prejudice to the provisions of the following articles 11, 12 and 13.
3.2. The Contents that each Partner enters into the system are published under their own exclusive responsibility and populate the Content Archive of the Platform.
3.3. For free and/or paid Booking Services, all requests for booking and purchasing of Experiences, received via the Platform and managed by J’eco, instead flow into the Booking Archive.
Art. 4 – Methods of activation and access to the Platform
4.1. To request the Platform Services, the Partner must fill out the registration form in the “Become a Partner” section. Before sending the form, the Partner must carefully read these General Contract Conditions, together with Annex A) Commercial Offer.
Subsequently, J’eco carries out an accreditation procedure, at the end of which the Partner receives, at the email address indicated during registration, an email containing a temporary password and User-Id that must be modified by the Partner upon his first access to the Reserved Area of the Platform (hereinafter, “Reserved Area”); on this occasion, the Partner must proceed to expressly accept these General Conditions.
4.2. Subsequently, the Partner has access to the Platform Services via his User-Id and password as modified above (hereinafter “Authentication Credentials”), which the Partner is obliged to keep under his exclusive responsibility, in order to guarantee confidentiality. From that moment, the Partner is identifiable by the Users, who can conclude contracts with him of which J’eco is in no way a party and for which he assumes no responsibility.
4.4. The Authentication Credentials are personal, confidential and non-transferable. Access to the Reserved Area and use of the Platform must comply with what is indicated in these General Conditions. In particular, the Partner undertakes to keep his Authentication Credentials with the utmost confidentiality and is therefore also responsible for their custody. The Partner is therefore solely responsible for any damage caused by the possible use of the Authentication Credentials by unauthorized third parties. In any case, the Partner undertakes to immediately communicate to J’ecoO any theft, loss, misplacement or appropriation for any reason, by unauthorized third parties, of his Authentication Credentials, also for the purposes of any communications of data breaches, pursuant to articles 33 and 34 of European Regulation 2016/679. The Partner also undertakes to change the password at least once every 6 (six) months.
4.5. Both during registration and through the Reserved Area within the Platform, the Partner is required to provide updated, complete and accurate information and references (in particular the email address, the Tax Code and the VAT number). The attempt to violate the security of the Platform or to perform reverse engineering constitutes unlawful conduct and is a source of liability. The Partner is required to promptly notify J’eco in the event of unauthorized use of access to the Platform and the Platform Services, or any security breach. J’eco is not responsible for any damage or disruption resulting from unauthorized use of access via the Partner’s authentication credentials.
Art. 5 – Declarations, obligations and responsibilities of the Partner
5.1. In order to access the Reserved Area of the Platform, it is essential to fill in the “mandatory fields” provided in the registration form. With particular reference to the email address, the Partner declares that the same is active, attributable to him and usable for the purposes of carrying out the activities inherent to the execution of these General Conditions. The Partner remains solely responsible for the activities carried out through the use of his Authentication Credentials.
5.2. It is the Partner’s responsibility to verify that all the information (Contents, Experiences and anything else published) presented by him is updated and truthful, excluding any control and/or verification by J’eco which, therefore, cannot be held responsible for any prejudicial consequences that Users and/or third parties may suffer as a result of such activity carried out by the Partner. It is therefore the Partner’s responsibility to directly carry out the necessary modification and/or cancellation operations, through the Platform tools, if the conditions are met. The Partner declares to be aware that the pages relating to the Locations and its Experiences are created by the system based on the Contents that are entered and managed by the Partner himself, using the WebCMS application. With particular reference to the images and information published, the Partner declares to be in possession of the relevant rights to use and publish them and that no content and no image violates any right, patent, copyright, trademark, intellectual property or contractual right of any natural person, company, firm, organization or other entity. The Partner therefore undertakes not to insert Contents that violate the laws and regulations in force, including, in particular, the laws on copyright or other intellectual or industrial property rights, or that violate or allow others to violate the rules on the protection of privacy and personal data.
5.4. The Partner acknowledges that the information provided through the Contents and through the use of the Platform Services are published and entered into the respective Archives exactly as they were provided, without any burden of verification or control being placed on J’eco, without prejudice to the provisions of the following art. 6.2. The Partner is also aware that J’eco has the right to automatically remove, without notice and without this being considered in any way a breach, the Contents that it deems, at its sole discretion, even upon notification by third parties, to be illicit, untrue or, finally, that have been inactive for more than 24 months.
5.5. The Partner undertakes to use the Platform exclusively for lawful purposes and in any case in compliance with the provisions of law regarding the protection of personal data and intellectual property, and to indemnify and hold harmless J’eco from any claim or demand from third parties, which may arise from the use or abuse of the services in question. No information or Content may contain obscene or offensive material or other prohibited material (information that may contain forms or content of a paedophilic, pornographic, obscene, blasphemous, offensive, defamatory nature or, in any case, unsuitable for minors).
5.7. It is also expressly forbidden to transmit files potentially infected by viruses, of unsafe origin, or potentially harmful. In general, it is forbidden to use the Platform or to perform actions that may damage, deactivate, overload or compromise its functionality, or interfere with its use by third parties.
5.8. The Partner expressly declares and acknowledges that the sublicense of use and the free and/or paid Booking Services offered through the Platform have the sole purpose of promoting its business, its Locations, the Experiences offered and to put it in contact with Users with whom it concludes independent contracts, of which J’eco is not a party. In the case of free and paid Booking Services, the provisions further specified in the following articles 8 and 9 apply.
Art. 6 – Obligations and responsibilities of J’eco
6.1. In no case may J’eco be involved in the relationships that may be established between the Partner and the Users of the Platform in relation to the Contents published and the Experiences booked by the Users. It follows that J’eco cannot, for any reason, be held liable for breaches or be involved in disputes that may arise in relation to the Contents offered and the Experiences booked or to any contract concluded between the Partner and a User, nor for any damages, direct or indirect, that may arise from the execution or non-execution of the services or contracts concluded between the Partner and the User.
6.2. The only form of control that can be carried out by J’eco on its own initiative on what is entered by the Partner is to prevent the publication of Contents or comments that are not in line with the services offered on the Platform or that are illicit, even upon notification by the Users themselves.
6.3 J’eco is not responsible for the content of the General Terms and Conditions for Users and other contracts and documents that regulate the contractual relationship between the Partner and the User, and therefore will not have any liability in the event of disputes by the User relating to such contracts and documents. In the event of judicial or extrajudicial disputes relating to the aforementioned contracts, in which J’eco is involved, the Partner undertakes to indemnify and hold it harmless from any liability.
Art. 7 – Completion and conclusion of the contract
7.1. To access the Platform Services, the Partner must follow the procedure indicated in art. 4 above. After logging in to the Platform – with the Authentication Credentials modified at the first access – and having accepted these General Conditions, the Partner will receive an email confirming the activation (hereinafter “Activation Confirmation”). The Contract is considered concluded and the Platform Services are considered activated upon receipt of the Activation Confirmation email by the Partner.
7.3. Through this email, the Partner also receives the legal information, including these Contract Conditions, which the Partner will take care to print and/or keep on a durable medium.
7.4. The Partner declares to be aware that these General Conditions, including the Attachments, can be consulted and, therefore, known, directly at the link https://www.bricchidema.it/condizioni-generali-di-contratto-e-uso/.
Art. 8 – Free Booking Service
8.1. The use of the free Booking Service by the Partner involves the free issuing and sending, to Users who request it, of a booking code for the Experience, within the numerical limits made available by the Partner for that specific Experience for the collection of the entrance ticket at the location indicated by the Partner (e.g. ticket offices). The issuing of the relevant ticket/admission title is carried out exclusively and directly by the Partner. It is therefore understood that all tax charges and any royalties to be paid for the issuing of the aforementioned tickets are paid by the Partner itself.
8.2. The General Contract Conditions for Users can be consulted at the following link: https://www.bricchidema.it/condizioni-generali-di-uso/.
Art. 9 – Paid Booking Service – Fees – Exclusion of reimbursement to Users by J’eco.
9.1. The Paid Booking Service available on the Platform allows the pre-sale payment of paid Experiences in favor of Users who proceed with the purchase through the Partner’s Experience Platform and the issuing of a unique code to the User for the collection of the entry ticket (e.g. ticket) at the location indicated by the Partner (e.g. ticket office). The issuing of the relevant entry ticket is carried out exclusively and directly by the Partner. It is therefore understood that all tax charges and any royalties to be paid for the issuing of the aforementioned tickets are paid by the Partner itself.
9.2 The use of the Paid Booking Service by the Partner automatically and inseparably implies the granting to J’eco of an irrevocable mandate with representation to collect the payments of the Users in favor of the Partner itself, relating to the fees due for the pre-sale of the Experiences. The General Terms and Conditions for Users can be consulted at the following link: https://www.bricchidema.it/condizioni-generali-di-uso/.
9.3. The Partner, through its Reserved Area, displays to Users the overall cost of the Experiences published on the Platform, indicating the relative price to be paid including the cost of the service performed by J’eco (hereinafter “Service Fee”) as set out in Annex A) Commercial and Economic Conditions (hereinafter “Commercial Offer”). The User therefore pays J’eco, as the Partner’s agent, an amount including both the pre-sale fee and the cost of the service performed by J’eco.
9.4. Fees. J’eco, having received payment from the User, within the last day of the month following the date of actual collection, pays the Partner the amount collected in its name and on its behalf, withholding the amounts corresponding to the cost of the Service Commission calculated as indicated in the Commercial Offer, after sending the invoice to the Partner and the monthly report of the collections made (always, however, consultable by the Partner through the appropriate section of the Reserved Area). The payment of the fees by J’eco to the Partner takes place to the bank details entered in the Reserved Area by the Partner itself. All tax charges and any copyright to be paid for the issuance of tickets are paid by the Partner.
9.5. Exclusion of reimbursement to Users by J’eco. The Partner acknowledges and expressly accepts that it is its precise obligation to communicate to both J’eco and the User any cancellation of the Experience promptly and, in any case, no later than 3 days from the date originally set for the use of the experience. To this end, the Partner expressly agrees to be exclusively responsible towards both the Users and J’eco for the timely execution of the reimbursement activities to the Users of the entire price paid for the booking of the Experience. In no case, the Partner may ask J’eco for the reimbursement of the Service Fees, as these amounts are remunerative for the provision of the paid booking Service by J’eco and, in any case, independent of the subsequent provision by the Partner of the service relating to the Experience.
9.6. Every activity relating to the Experience concerns exclusively the Partner and the User. J’eco is therefore not responsible towards the Partner or the User for any breach of the contract concluded between them. The General Terms and Conditions for Users can be consulted at the following link: https://www.bricchidema.it/condizioni-generali-di-uso/.
Art. 10 – Partner’s breach – Express termination clause
10.1. J’eco may terminate the contract governed by these General Conditions at any time, with immediate effect, pursuant to and for the purposes of art. 1456 of the Italian Civil Code, by means of communication via certified e-mail or registered letter with return receipt and without notice, in the event that the Partner:
a) does not provide or has not provided updated, complete, truthful and correct personal data (with particular reference, for example, to the requirement of professional or of headquarters in Italy);
b) uses or has used the Platform in violation of any of the provisions of art. 5 or that in any case the use is deemed at the sole discretion of J’eco to be incompatible with the nature and purpose of the Platform itself;
c) insolvency of the Partner, its declaration of bankruptcy, or its admission to insolvency proceedings, or liquidation or extinction.
d) failure to reimburse the User for the Paid Booking in the event of cancellation of an Experience.
10.2. The compensation for any damages remains intact and without prejudice to the different remedies provided by law or by these General Conditions.
Art. 11 – Suspension and/or Interruption of Services
11.1. The Platform, accessible via direct internet connection, is available every day of the week and at any time, except for maintenance, update or saving interventions (*), which J’eco communicates to the Partners with a notice of 48 (forty-eight) working hours, unless it involves the execution of maintenance interventions or modifications and/or maintenance that are not foreseen and/or not programmable and technically indispensable.
(*) the availability of the services accessible via the web is understood to be without prejudice to suspensions made for technical reasons and, at the sole discretion of J’eco, useful to guarantee the best continuation of the services, such as for example:
– ordinary maintenance activities of the hardware systems;
– implementation of new versions of basic Software in the systems;
– operations aimed at ordinary and extraordinary maintenance, correction of any anomalies or loading of updates;
– operations to save the Archives;
– operations to restore Archives, also possibly at the request of the Partner;
– situations that could imply or determine a reduction or in any case an insufficiency of the level of security of data access;
– urgent situations for which it is necessary to resort to extraordinary interventions on hardware, software and network components, if these are necessary to allow normal use or restoration of services;
– events of force majeure or in any case beyond the possible ability of J’eco to predict.
Art. 12 – Suspension and/or Interruption of the free Booking Services and other free services of the Platform
12.1. In no case, the failure to use and/or the suspension or interruption, in the presence of proven security and/or confidentiality problems of the Free Booking Services and other free services for the use of the Platform, may ever constitute a breach of contract by J’eco and imply any compensation for damages. In any case, J’eco will do everything necessary to restore the service as quickly as possible.
12.2. In addition to the provisions of art. 12.1, J’eco has the right to suspend the provision of the Services, pursuant to and for the purposes of art. 1460 of the Civil Code, automatically and without the need for communication, in the event that the Partner violates any of the provisions of art. 5.
Art. 13 – Suspension and/or Interruption of Paid Booking Services and Limitations of J’eco’s Liability
13.1. Without prejudice to the communication referred to in the previous art. 11.1. to be made to the Partners, J’eco undertakes to restore the Paid Booking Services within 72 (seventy-two) working hours from the suspension and/or interruption.
13.2. J’eco is not liable for interruptions that exceed the times indicated above and therefore declines any liability both towards its Partners and towards third parties for delays, malfunctions, suspension and/or interruptions in the provision of services caused by:
a) unforeseeable circumstances, catastrophic events and force majeure;
b) malfunction or non-compliance of the connection tools with which the Partner has equipped itself or in any case of those used by the same;
c) tampering or interventions on the services or equipment performed by the Partner or by third parties not authorised by J’eco;
d) incorrect or non-compliant use of the Platform Services by the Partner with these General Conditions;
e) motivated reasons of security and/or guarantee of confidentiality;
g) any other cause not attributable to gross negligence or fraud by J’eco, including cyber attacks by third parties on the Platform and the additional IT tools and telematic connections that integrate it.
13.3. The Partner acknowledges and accepts that, in all the cases listed above and in any other case in which a suspension and/or interruption of services occurs that is not dependent on gross negligence or fraud attributable to J’eco, the latter is in no way liable towards the Partner for the unavailability of the service. The Partner, therefore, acknowledges and accepts that it will not be able to make any request for damages, reimbursement or compensation towards J’eco for the suspension or interruption of services that has occurred and releases it from any liability in this regard.
13.4. In any case, the compensation for damages or any other form of indemnity and/or restitution requested from J’eco for suspension and/or interruption of services – if due – may not exceed the amount of the last monthly amount paid by the Partner for the provision of the paid Booking Service.
Art. 14 – Management of Partner reports relating to interruptions and malfunctions of the Platform
14.1. The Partner, by accessing its Reserved Area, must promptly notify J’eco, and in any case no later than 24 (twenty-four) working hours from discovery, of any interruptions, malfunctions or dysfunctions of the services. Assistance can also be requested by telephone or by email at assistenza@bricchidema.it and on the days/times indicated below:
Tel. +39 02 82396817, from Monday to Friday, from 9.00 to 17.00
14.2. J’eco ensures that the report will be taken care of within the next 24 (twenty-four) working hours from the communication and will proceed as quickly as possible to its resolution, in any case no later than 10 (ten) working days from the report.
14.3. In the case of paid Booking Services, as indicated in art. 13.1. J’eco undertakes to restore the service within 72 (seventy-two) working hours from the Partner’s communication, unless any of the causes indicated in art. 13.2 apply.
14.4. Any damages suffered by the Partner due to the failure or late communication of the aforementioned malfunctions and/or dysfunctions are considered the responsibility of the Partner and will not be chargeable to J’eco.
14.5. In any case, the compensation for damages or any other form of compensation and/or restitution requested from J’eco for suspension and/or interruption of the services – if due – cannot exceed the amount of the last monthly amount paid by the Partner for the provision of the paid Booking Service. No compensation is therefore due in the case of free Booking Services and other free services.
Art. 15 – Customer care via email
15.1. J’eco provides Users with customer care assistance in Italian and English and undertakes to respond promptly, via email, to questions posed by Users concerning the provision of the Platform Services. The Customer Care service is provided by J’eco from Monday to Friday (excluding Italian national holidays) in the time slot 9.00-17.00.
15.2. In the case of questions not concerning the provision of the Platform Services (e.g. questions about Locations and Experiences), J’eco undertakes to promptly forward to the Partner, via email, the emails received from Users, in order to provide feedback to the User in the shortest possible time.
Art. 16 – Complaints
16.1. Unless otherwise provided in these General Conditions, any complaint or dispute between the parties may be sent by email, fax, letter, using the references given at the bottom of the page, in accordance with the provisions of art. 22.
Art. 17 – Duration of the contract – Withdrawal
17.1. The Contract concerning the Platform Services starts from the date of receipt of the Activation Confirmation email and has no end date. Either party may withdraw at any time by sending a notice to the other party by registered mail and/or certified email with 60 (sixty) days’ notice.
Art. 18 – Intellectual and industrial property rights on the Platform.
18.1. J’eco is the exclusive licensee of the trademarks and distinctive signs published on the Platform, as well as the Platform itself. Access to the Platform provides a sublicense to the Partner to use such trademarks and distinctive signs to the extent strictly necessary for the use of the Platform Services. Therefore, any further and different use is prohibited unless previously authorized in writing by J’eco.
18.2. All J’eco material published on the Platform is protected by intellectual property rights, in accordance with the applicable copyright protection legislation.
Art. 19 – Ownership and management of the Archives
19.1. In execution of these General Conditions, J’eco manages the following archives, also accessible to the Partner:
a) Content Archive, containing, in addition to the personal data and those necessary to contact the Partners, information on the Locations and Experiences and other Services offered by the Partner to the Users (including photos, etc.);
b) Booking Archive, containing, in addition to the personal data of the Users and those necessary to make a booking, requests for ticket issuance, including the description of the booked service.
19.2 Upon termination of the Contract, for whatever reason, the Partner acknowledges that J’eco retains the information contained in the Content and Booking Archive for the following 6 (six) months. After the aforementioned term, the Partner, from now, authorizes J’eco to delete or transform into anonymous form all data (and all related backup copies) not recovered, for any reason, without having to recognize anything to the Partner.
19.3. The obligations to retain data for documentary, accounting and tax purposes remain unaffected.
Art. 20 – Changes to the General Conditions – Partner’s right of withdrawal
20.1. J’eco reserves the right to modify these General Conditions and the fees for the Paid Booking Service at any time as indicated in Annex A) Commercial Offer.
20.2. In the event of changes to the General Conditions, the new General Conditions will be communicated to the Partners with a specific email with a link to the modified parts.
20.3. The new General Conditions will be considered accepted if the Partner continues to use the services available on the platform after their communication.
20.4. In any case, the Partner has the right to communicate its withdrawal within 15 (fifteen) days of communication of the aforementioned changes, by email to the address amministrazione@bricchidema.it.
20.5. In the event of changes relating to the fees for the Paid Booking service indicated in Annex A) Commercial Offer, they shall be effective from the month following the publication or communication of the change, without prejudice to the Partner’s right to withdraw within the terms indicated in the previous art. 20.4.
Art. 21 – Confidentiality and protection of personal data
21.1 The Parties declare that they have mutually communicated the information referred to in articles 13 and 14 of European Regulation 2016/679, regarding the processing of personal data provided for the subscription and execution of the Contract itself and that they are aware of the rights that they are entitled to by virtue of art. 15 et seq. of the aforementioned regulation.
21.2. J’eco and the Partner acknowledge that the data controller of the Users’ personal data, as defined by art. 4, par. 1, no. 7, European Regulation 679/2016, processed for the purposes and on the occasion of the execution of the General Conditions is and remains the Partner as it determines the purposes and means of the processing.
21.3. In relation to the processing of Personal Data carried out for the purpose of using the Platform Services, the Partner declares and guarantees that the processing takes place in full compliance with the regulations in force, including European Regulation 2016/679, internal regulations and the provisions of the Guarantor for the Protection of Personal Data.
21.4. It is also understood that J’eco, as owner and manager of the Platform, is responsible for the processing of personal data owned by the Partner, as per the agreement for appointment as data controller, pursuant to art. 28 European Regulation 2016/679 attached to these General Conditions. The Data Controller must comply with the obligations and instructions given by the Partner, as Data Controller, reported in Annex B) to this Agreement of which it forms an integral and substantial part, called “Annex Appointment of External Data Controller/Partner”.
21.5. The Partner consents to the use by J’eco of the data collected in relation to the use of the Platform Services for its own exclusively statistical purposes and to improve its services. The data are processed after irreversible anonymization.
Art. 22 – Communications between the parties
22.1. For the purposes of the communications referred to in these General Conditions, the parties, unless otherwise provided by law or contained in these General Conditions, elect their domicile:
a) with regard to J’eco: at its operational headquarters;
b) with regard to the Partner: at the headquarters indicated in the registration form.
22.2. The Parties must promptly communicate, during the term of the Contract, any change in their respective addresses, including electronic ones. In the event of failure to communicate the change, all communications and/or notifications that will be made based on the contact details previously indicated will have full effectiveness and validity.
Art. 23 – Applicable law/Competent court
23.1. This Agreement is concluded in Italy and is governed by Italian law, to which reference is made for anything not expressly provided.
23.2. For any dispute relating to these General Conditions and the Agreement signed between the parties, the Court of Milan shall have exclusive jurisdiction.
Attachments:
Annex A – Commercial or Economic Conditions
Annex B – Appointment of External Manager J’eco / Partner
Annex C – Information on the processing of personal data of the Bricchi de mâ platform for partners
The parties declare that the approval of these General Conditions and the clauses referred to, pursuant to articles 1341 and 1342 of the Civil Code, through the so-called “point and click” practice satisfies the requirement of written form.
Pursuant to articles 1341 and 1342 of the Civil Code, the Partner declares to expressly approve the content of the following clauses:
2 (Object of the General Conditions – Platform Services); 5 (Declarations, obligations and responsibilities of the Partner); 6 (Obligations and responsibilities of J’eco); 10 (Breach of the Partner – Express termination clause); 11 (Suspension and/or Interruption of services); 12 (Suspension and/or Interruption of free Booking Services and other free services of the Platform); 13 (Suspension and/or Interruption of paid Booking Services and limitations of liability of J’eco); 14 (Management of Partner reports regarding interruptions and malfunctions of the Platform); 17 (Duration of the contract, Withdrawal); 20 (Changes to the General Conditions – Partner’s right of withdrawal); 23 (Applicable law/Competent court)
Latest version: February 25, 2025