Terms and Conditions

1. Definitions

To allow these terms and conditions to be fully understood and accepted, the following terms, in both the singular and plural, have the meanings set out below:

Owner: Certy S.r.l., with registered office at Piazza Deffenu 12, Cagliari, 09125, Italy, registered with the Cagliari Companies Register, VAT number / Tax Code 037785590921/037785590921, fully paid-up share capital €8,929.66, REA number CA-296890, certified email address certysrl@legalmail.it.

Application: the website www.certy.me

Products: the services supplied to the User by the Owner

User: any person or entity accessing and using the Application

Consumer User: an adult natural person entering into a contract for purposes outside any business, trade, craft or professional activity they may carry on

Non-Consumer User: an adult natural person or a legal person entering into a contract in connection with, or for the needs of, their business, trade, craft or professional activity

Conditions: this contract governing the relationship between the Owner and Users and the sale or supply of Products offered by the Owner through the Application.

CBE: Certy Booking Engine is a booking service for holiday homes.

SUBITO.IT: a second-hand sales website at https://www.subito.it/

BAKECA.IT: a second-hand sales website at https://www.bakeca.it/

2. Detailed information about the Application’s offering

Certy Affitti 

The customer visits an online rental property listing and can request a preliminary inspection of the property. Certy.me retrieves the listing using the link supplied by the buyer. At checkout, the buyer can view a summary of the listing and the inspection price, together with secure booking and the list of checks to be performed. The inspection costs between €9.90 and €49.90.

To proceed, the customer must enter the check-in and check-out dates and the number of adults, children and pets. ‘Inspection’ means that Certy will send, or has sent within the preceding four months, a representative to physically visit the property shown in the listing requested by the customer. The representative, called a ‘Certy’, visits the property identified by the customer and completes the checklist shown on the first page of the landing page, including actual photographs and the property’s GPS location with a maximum error margin of 50 metres.

The inspection report is for the buyer’s exclusive use and may not be transferred, made available on any website or sent privately to anyone other than the requester. Certy may sell the same completed inspection to multiple people. Certy will refund the inspection where there are significant, non-trivial problems with the inspected property. For example, no refund will be issued if a wall changes colour from blue to white or if an oven no longer works. If the checklist confirms a swimming pool but it has been demolished or is no longer present, the inspection will be refunded.

‘Secure booking’ means that Certy will communicate the dates selected by the customer to the property’s host. Certy will confirm actual availability to the customer after receiving confirmation from the host, as happens on Airbnb. Certy checks availability using the calendar supplied by the host. Certy accepts no liability if the host has not updated the calendar and the property is no longer available. The customer must always wait for booking confirmation by email and may request a refund until that confirmation is received.

Through the Certy Affitti service, a Certy Checker performs a preliminary inspection by physically visiting the property at a date and time agreed with its owner, to verify that the actual property corresponds to the listing of interest published in the ‘holiday homes’ section of subito.it. The inspection is carried out using a checklist, which is sent to the customer within seven working days together with photographs of the property.

Certy Booking Engine

Certy Booking Engine is a booking engine enabling real-time reservations for holiday homes listed on the Subito platform. It also includes other services supporting accommodation processes, specifically for holiday homes.

The system allows the representative of a holiday home or accommodation property to configure bookings and any related services.

Note: the services offered by CBE use technology that is continually evolving.

CBE reserves the right to modify the services offered at its discretion and at any time where deemed necessary, including in response to technological changes. Although such changes affect the services and the way they are offered to the customer, our aim is continuous improvement and optimisation of the services provided.

LINK

The online booking software and its integration with the Subito platform are accessed by activating a link in the banner within the user’s personal area on Subito.it.

CBE will create an account to manage online bookings for every Subito user in the ‘holiday homes’ category.

No additional software needs to be installed.

DATA ENTRY

The accommodation representative is responsible for entering online data, including rates and booking times. CBE software is accessible over the internet 24 hours a day, subject to the availability of the customer’s internet service provider.

Access to the management system uses a ‘Magic link’ sent to the email address of the person representing the accommodation property. That person is responsible for keeping this information confidential and not disclosing it to third parties.

BOOKING SYSTEM

Bookings are made entirely online through a secure SSL server, based on data previously entered into the system by the accommodation property, which assumes full responsibility for the accuracy of that information.

CBE does not act as an intermediary; it only provides the software enabling online booking.

The customer and the accommodation property are the sole parties to the contract. The customer may express their intention to book, and the accommodation property may accept or reject the booking in real time.

CONTRACT DURATION

The contract takes effect on registration and has an unlimited duration. Either party may cancel at any time. Use of the platform is provided free of charge by Subito.it.

Certy B&B or subscription services

1. Acceptance of the terms and conditions: Using the services offered by our B&B service constitutes acceptance of these terms and conditions. Please read the entire document carefully before using our services.
2. Services offered: Our B&B service assists with creating websites for accommodation properties, including bed and breakfasts (B&Bs), and offers services such as property and destination analysis, communication planning, website design and development, domain names and hosting, personal email addresses and related features.
3. Customer responsibilities: The customer is responsible for supplying accurate and complete information for the creation of the website. The customer undertakes to use the website only for lawful purposes and to comply with all applicable laws and regulations. The customer also undertakes to cooperate with us in developing the editorial plan and to make payments in accordance with the agreed arrangements.
4. Intellectual property: Our B&B service owns the intellectual property in the website created, including its text, design and source code. The customer owns the intellectual property in any photographs supplied for creating the website. The customer acknowledges and accepts that the website is our property and may not be used without our written consent.
5. Duration and payment: The contract lasts 12 months and renews automatically on expiry unless the customer indicates otherwise. The cost of the services is determined by the package selected by the customer and the agreed payment arrangements. Failure to pay instalments may result in suspension or termination of the customer’s contract.
6. Confidentiality and data protection: The Owner guarantees the utmost confidentiality and protection of the personal data supplied by the customer. Confidential information will be processed in accordance with privacy provisions and will not be disclosed to third parties without the customer’s consent.
7. Changes to services and terms: The Owner reserves the right to change the services offered and these terms and conditions after giving the customer reasonable advance notice. The customer has the right to terminate the contract if they do not accept those changes.
8. Suspension and termination: We reserve the right to suspend or terminate the contract if the customer breaches it. The customer may terminate the contract by giving reasonable written notice. Termination does not affect rights accrued up to the termination date.
9. Limitations of liability: We do not guarantee continuous, uninterrupted availability of our services or the completeness, accuracy or timeliness of the information on the website. We are not liable for any direct or indirect damage arising from use of our services.
10. Jurisdiction: For any dispute arising from this contract, the parties submit to the exclusive jurisdiction of the courts of [specify the registered office or competent jurisdiction].
11. Full details in the contract: The terms and conditions provided here are only a general summary of the service offered. All specific details and full provisions are contained in the contract available to download and consult on the checkout page before payment. The customer must read the contract carefully before accepting the terms.
12. Acceptance of the terms: The terms are accepted by ticking the relevant section during checkout and completing payment. Making payment indicates the customer’s intention to accept the stated terms and conditions in full.

Signing and submitting the contract: After payment, the customer must sign the contract and send it within 15 days to contratti@certy.me. Failure to send the signed contract within that period will result in the payment being rejected and the contract being considered void. No service will be provided in those circumstances.

General Conditions, limitations of liability and indemnity clause applying to all Certy.me services

1. Scope of the Conditions

Use of the Application constitutes the User’s acceptance of the Conditions. If the User does not intend to accept the Conditions or any other notice, legal notice or information published or referred to in the Application, they may not use the Application or its services. The Conditions may be amended at any time. The applicable Conditions are those in force on the date the purchase order or request for provision of the Service is submitted. Before using the Application, the User must read the Conditions carefully and save or print them for future reference. The Owner reserves the right, at its discretion and at any time, to change the Application’s graphical interface, its Content and its organisation, and any other aspect of its functionality and management, providing the relevant instructions to the User where necessary.

2. Purchases or requests for supply through the Application

All Products offered through the Application are described in detail on the relevant product pages, including quality, features, availability, price, supply times and additional charges. There may be errors, inaccuracies or minor differences between what is published in the Application and the actual Product. Any Product images are illustrative only and do not form part of the contract. Both Consumer Users and Non-Consumer Users may purchase or request the supply of one or more Products through the Application. Natural persons may make purchases or requests for supply only if they are adults. For minors, any purchase or request for Products through the Application must be reviewed and authorised by their parents or those exercising parental responsibility. Products offered through the Application constitute an invitation to make an offer, and the User’s order constitutes a contractual proposal to purchase or request supply, subject to confirmation or acceptance by the Owner as described below. The Owner therefore has the right, at its sole discretion, to accept or reject the User’s order without the User being entitled to raise any objection or claim on any basis. A contract for the sale or supply of Products is concluded when the Owner accepts the User’s contractual proposal. The Owner accepts the proposal by sending order confirmation to the email address supplied by the User or displaying an order confirmation webpage. The confirmation will state the order date, User details, Product features and availability, the price or how it is calculated, any further charges and taxes, supply and performance times, how to exercise the right of withdrawal or any exclusion of that right, and the warranty. The contract for the sale or supply of Products is not effective between the parties without the matters set out in the preceding point. If the Product or service is unavailable, the Owner will notify the User of new delivery or supply times and ask whether they wish to confirm the order. The contract is understood to be concluded in relation to the Products accepted by the Owner. The User undertakes to check the accuracy of the information in the order confirmation, immediately notify the Owner of any errors, and retain a copy of the order, the confirmation and the Conditions.

3. Prices and payments

The price of each Product or Service is stated inclusive of VAT where due. If the nature of the Product or Service makes it impossible to calculate the price in advance, the method of calculation is stated.
Any taxes and additional charges that may vary according to the payment method used will also be stated. Where those charges cannot reasonably be calculated in advance, the User will be told which charges will apply.
The Owner reserves the right to change the price of Products or Services and any additional costs at any time. Price changes will not affect contracts concluded before the change.
The User undertakes to pay the price of the Product or Service at the times and in the manner indicated in the Application and to provide any necessary information requested.
The Application uses third-party payment processing tools and does not in any way access the payment details supplied, such as credit card numbers, cardholder names or passwords.
If those third-party tools refuse payment authorisation, the Owner cannot provide the Product or Service and cannot be held liable in any way.

4. Invoicing

Users wishing to receive an invoice will be asked for billing details. The invoice will be issued on the basis of the information supplied by the User, who declares and guarantees its accuracy and fully indemnifies the Owner in this respect.

5. Arrangements for supplying services

The Owner will supply the services to the User in the manner and within the time stated in the Application and repeated in the order confirmation. If the services cannot be supplied within that time, the User will promptly be notified by email of the expected supply date or the reasons making supply impossible. If the User does not accept the new date or supply has become impossible, they may request a refund of the amount paid. The refund will be credited promptly using the payment method used for the purchase, no later than 14 days after the Owner becomes aware of the refund request.

6. Exclusion of the right of withdrawal for Non-Consumer Users

Non-Consumer Users are not entitled to withdraw from a contract for the sale or supply of Products. The User expressly acknowledges that entering a VAT number in the order automatically identifies them as a Non-Consumer User, for whom no right of withdrawal is provided.

7. Consumer Users’ right to withdraw from purchases of services

A Consumer User may withdraw from a purchase of services without penalty up to 60 minutes before the meeting between the Certy and the seller, specifying the reasons by sending written notice to info@certy.me. If withdrawal is exercised correctly, the Owner will refund the payments received from the Consumer User using the same payment method as the original transaction, without undue delay and in any event within 14 days after the User communicates their withdrawal from the contract. If the right of withdrawal is exercised, the cost of shipping the item remains payable by the User. The Consumer User acknowledges and accepts that the right of withdrawal is lost after the service has been fully performed if performance began with their express agreement and acknowledgement that the right would be lost once the service had been performed, pursuant to Article 59(a) of the Italian Consumer Code. The Consumer User also acknowledges and accepts that the right of withdrawal is lost if they requested performance to begin during the withdrawal period, pursuant to Article 51(8). If the service has not been fully performed and the Consumer User wishes to withdraw, they remain required, under Article 57(3) of the Consumer Code, to pay the Owner an amount proportionate to the work performed up to the time withdrawal was exercised. The Consumer User acknowledges and accepts that withdrawal from a subscription does not result in reimbursement for Products already used or supplied. In that case, the User may also exercise the right of withdrawal using the optional withdrawal form in the following article and sending it to the email address above. If the purchased item does not correspond to its description at inspection, the User may request a return by contacting Customer Service. If the return is authorised, the User must return the item within 10 working days after receiving it. Once the item is received, the Owner will refund the purchase price within 60 working days. The Owner may withhold the refund until the item has been received from the buyer. Any refund is calculated and quantified according to the consumer’s responsibility for deterioration, use or any cause not attributable to the Owner. Shipping costs are excluded from that amount, in accordance with Article 5(6) of Legislative Decree No. 185 of 22 May 1999. In specific cases where a partial refund is sufficient, the Owner will credit the User within 60 days after accepting the request.

8. Optional form for exercising the right of withdrawal

The User may withdraw using the following form, which must be completed in full and sent to info@certy.me before the withdrawal period expires:
I hereby give notice of my withdrawal from the contract for the sale or supply of the following product __________
Order number: _______
Ordered on: _______
First name and surname: _______
Address: ______
Email address associated with the account used to place the order: ____________________
Date: __________

9. Industrial and intellectual property rights

The Owner declares that it owns or licenses all intellectual property rights relating to the Application or the Content available through it. All figurative or word marks and all other signs, trade names, service marks, business names, illustrations, images, logos and content relating to the Application therefore are and remain the property of the Owner or its licensors and are protected by applicable trademark laws and the relevant international treaties. Unless otherwise provided, the Conditions do not grant the User any licence to use the Application or any individual content or materials available through it. Any unauthorised reproduction, in any form, of the Application’s explanatory texts or Content will be regarded as an infringement of the Owner’s intellectual and industrial property rights.

10. Disclaimer of warranties

The Application is provided ‘as is’ and ‘as available’, and the Owner gives no express or implied warranty in relation to it. No warranty is given that the Application will meet the User’s needs or be free from interruptions, errors, viruses or bugs. The Owner will use its best efforts to keep the Application continuously available 24 hours a day but cannot be held liable if it is inaccessible or inoperative for any reason or for any period. Access may be temporarily suspended without notice in the event of system failure, maintenance, repairs, events outside the Owner’s control or force majeure.

11. Limitation of liability

Except in cases of wilful misconduct or gross negligence, the Owner will not be liable to the User for service interruptions or malfunctions relating to use of the internet that are beyond the control of the Owner or its suppliers. Nor will the Owner be liable for damage, losses or costs suffered by the User because the contract is not performed for reasons not attributable to the Owner. In such cases, the User is entitled only to reimbursement of the amount paid and any additional charges incurred. The Owner accepts no liability for fraudulent or unlawful use of credit cards or other payment methods by third parties, since it does not in any way access the payment details used, including credit card numbers, cardholder names or passwords. The Owner is not liable for lost business opportunities or other losses, including indirect losses, suffered by the User that are not a direct consequence of the Owner’s breach of contract; for incorrect or inappropriate use of the Application by Users or third parties; or for incorrect tax documents or data resulting from errors in information supplied by the User, who alone is responsible for entering that information correctly. In no event may the Owner be held liable for an amount exceeding twice the cost paid by the User. The Owner nevertheless remains responsible for the item until it is taken into the custody of the third parties appointed to ship it.

12. Force majeure

The Owner cannot be held liable for failure or delay in performing its obligations due to force majeure or unexpected and unforeseeable events beyond its reasonable control. Performance of the Owner’s obligations is suspended for the duration of the force majeure event. The Owner will make every effort to identify solutions allowing its obligations to be properly fulfilled despite the continuing force majeure event.

13. Links to third-party websites

The Application may contain links to third-party websites or applications. The Owner has no control over those websites or applications and is not liable in any way for their content. Some links may direct Users to third-party websites or applications that offer services through the Application. In such cases, the third party’s general terms governing use of its website or application and its services apply, and the Owner accepts no liability in this respect.

14. Privacy

Personal data will be protected and processed in accordance with the Privacy Policy, available at https://www.certy.me/privacy

15. Governing law and jurisdiction

The Conditions are governed by Italian law. For Consumer Users, any dispute concerning the application, performance or interpretation of these Conditions will be referred to the courts of the Consumer User’s place of residence or elected domicile, where located in Italy, without prejudice to Article 66-bis of the Consumer Code. Consumer Users may bring proceedings before a court other than the territorially competent ‘consumer court’ under Articles 18, 19 and 20 of the Italian Code of Civil Procedure. For Non-Consumer Users, any dispute concerning the application, performance or interpretation of these Conditions will be referred to the courts of Cagliari, where the Owner has its registered office.

16. Online dispute resolution for Consumer Users

Consumer Users residing in Europe should be aware of the online alternative dispute resolution platform established by the European Commission. Consumer Users may use it to resolve out of court disputes arising from contracts for the sale of goods or supply of services concluded online, including disputes concerning their online contract. The platform can be accessed at ec.europa.eu/consumers/odr