General Terms and Conditions of Sale

1. SCOPE OF APPLICATION
   1.1 These general terms and conditions of sale (hereinafter “Conditions”) govern and shall be understood to be an integral part of the Reservations (as defined below) forwarded by Buyers (as defined below), carried out remotely through the website https://www.torinoloft.com/, including the page https://torinoloft.bookpage.io/it (hereinafter “Store”) vis-à-vis the company Immobiliare*Real Piemonte S.r.l. with registered office in Corso Vittorio Emanuele II, no. 52 – 10123 Turin (TO), C.F./P.IVA 00506410018, REA No. TO-454161 (hereinafter the “Seller”).
   1.2 These Conditions may be changed by the Seller at any time. Any changes will be effective from the date of publication on the Store in the “General Terms and Conditions of Sale” section. Therefore, Buyer agrees to acknowledge the right to access the Store in order to review and download, prior to making any purchase, a copy of the current version of the Terms. It is understood that the applicable Conditions are those in effect on the date of submission of the Reservation, which are understood and consequently accepted by the Buyer in accordance with the procedure set forth in Article 3.3.
   1.3 Notwithstanding the application of any mandatory provision of law, the terms and conditions applied by Buyer shall not have the effect of supplementing, overriding or superseding the provisions set forth in these Conditions.
2. DEFINITIONS
   2.1 The following terms, when used in these Terms, shall have the following meanings:
   “Buyer” means you or any person who makes a reservation through the Store;
   “Terms”: means these general conditions of sale, published in the “General Conditions of Sale” section of the Store;
   “Order Confirmation”: means the communication sent to the Buyer following the Reservation (effective upon payment) containing: (i) the summary of the Reservation made, including dates and type of Accommodation chosen; (ii) the Price Paid; (iii) VAT, if due; (iv) the lease agreement for tourist use and/or for short-term rental needs to be signed;
   “IP Rights” means industrial or intellectual property rights owned by Seller or licensed to Seller, an associate of Seller, or Seller’s legal representative, as defined in Article 9;
   “Force Majeure Event.” means any circumstance unforeseeable at the time of issuance of the Order and beyond the control of the Parties, such as, but not limited to, industrial disputes, fire, war, extended military mobilization, insurrection, requisition, seizure, embargoes, currency and import/export restrictions epidemics (including Covid-19 and its possible variants), natural disasters and terrorist acts, and national, governmental, regional or local laws, regulations or acts establishing restrictions on movement, work and operations due to epidemiological circumstances (Covid-19, including its variants, and others);
   “Privacy Policy”: means the Seller’s privacy policy searchable and available in the footer of the Store;
   “Party”: means disjunctively the Seller or the Buyer;
   “Parties”: means jointly the Seller and the Buyer;
   “Reservation”: means the purchase order submitted by Buyer to Seller pursuant to and in accordance with Article 3 of the Conditions;
   “Price”: means the price shown in the Store with reference to each Accommodation, to be understood inclusive of VAT and exclusive of cleaning fees and any local tourist taxes;
   “Accommodation” or “Accommodation”: indicates all Lofts available and bookable through the Store;
   “Store”: indicates the store https://www.torinoloft.com/;
   “Seller”: means Real Estate*Real Piedmont S.r.l. with registered office at Corso Vittorio Emanuele II, no. 52 – 10123 Turin (TO), C.F./P.IVA 00506410018, REA No. TO-454161.

3. RESERVATIONS
   3.1 Buyer’s reservation of accommodations shall be deemed to be finalized upon successful and valid payment of the Price.
   3.2 Reservation can be made by the Buyer according to the procedure in Article 3.3, without the need for registration on the Store.
   3.3 To make a Reservation, Buyer shall, after logging into the Store: (i) select the Accommodation you wish to book and click on the “Book Now” button; (ii) enter your information, i.e., first and last name, e-mail address and phone number, as well as any special requests, and click on the “Next” button; (iii) confirm the period of stay, number of guests and amount and click on the “Next” button; (iv) select the payment method from those listed in the Store (i.e., credit card) and provide the required payment information (e.g., credit card number, expiration date, CVV number, cardholder’s name) and click on the “Confirm” button, after having read, understood and accepted the Terms and read the Privacy Policy.
   3.4 Following successful payment, and thus execution of the Reservation, the Buyer will receive the Order Confirmation to the email address provided when completing the Reservation pursuant to Article 3.3 above.
   3.5 The Seller reserves the right to remove or make temporarily non-orderable certain Accommodation in the Store in case of its unavailability. With respect to this point, Buyer expressly waives the right to make any claim, compensation or reimbursement for any damages resulting from the inability to book certain Accommodation due to the unavailability of such Accommodation.
4. RESERVATION CHANGES AND/OR CANCELLATIONS
   4.1 In case the Buyer wishes to make changes to the Reservation, he/she may directly to the Seller at the contact details published on the Store. The Seller cannot guarantee satisfaction of the request.
   4.2 In case the Buyer needs to cancel the stay after the confirmation of Reservation, he/she shall notify the Seller immediately. Notification of cancellation will be effectively taken only if made to the contact information published on the Store and if allowed by the Reservation type. In the event of failure to cancel within the terms provided by the type of Reservation and failure to arrive at the hotel, the Buyer may not claim any refund of the amount paid. There are, in fact, particularly advantageous rate plans posted on the Store that may have more restrictive cancellation policies in relation to the discount offered to the Buyer than the prices normally charged for the period and type of Accommodation requested.
   4.3 In the event that the Seller needs to make changes to the Reservation made by the Buyer, the following alternatives will be proposed: (a) Accept the amended conditions, (b) choose an alternative stay proposed by the Seller, with similar or higher standards and conditions than the one originally booked, or (c) cancel or accept cancellation, in which case any payment already made will be returned.
5. PRICE AND TERMS OF PAYMENT
   5.1 The Price published on the Store in relation to each Accommodation is inclusive of VAT and exclusive of cleaning fees which are expressly indicated separately, as well as any local tourist taxes.
   5.2 The Price shall be paid by the Buyer, according to the payment method chosen in accordance with Article 3.3.
   4.3 Resort tax, where applicable, will be charged through Stripe.
6. LIMITATION OF SELLER’S LIABILITY
   6.1 Except in cases of willful misconduct or gross negligence, Seller shall not and shall in no event be liable for any costs incurred by Buyer in procuring replacement accommodations, for loss of any profit or, in general, for any consequential, special, incidental or indirect damages, however suffered by Buyer in connection with the Reservation or under the provisions of these Conditions.
   6.2 Except in cases of willful misconduct or gross negligence, the Seller cannot and shall in no event be held liable in case of illness, wounding or injury, death, loss of any personal effect, damage, additional cost in any of the following cases: (a) for failure to be attributable to the Buyer or persons staying with the Buyer or (b) for shortcomings to be attributed to a third party not directly related to the provision of the service or stay, shortcomings that could not have been foreseen or avoided, or (c) through the fault of an event or circumstance that the Seller could not have foreseen or avoided, despite the utmost care applied (d) due to the lack of some third party who is not directly involved in providing services on behalf of the Seller. In addition to this, the Seller cannot and shall not under any circumstances be held responsible for the lack of enjoyment of the stay due to the Buyer’s failure to disclose some important element in this regard at the time of Reservation. In particular, the Seller cannot and will not under any circumstances be held responsible for any services that are not expressly included in the contract. This excludes from liability, for example, any additional services provided by an external provider, which are not indicated in the conditions of the offer and which were not agreed upon at the same time as the Reservation.
7. BUYER’S OBLIGATIONS
   7.1 Buyer agrees not to: (i) cause malfunction of the servers and/or network used by the Seller; (ii) use access to the Store to post or transmit information, software, or other material that contains viruses or other harmful components.
   7.2 Upon making the Reservation, the Buyer accepts responsibility for any damage or loss caused by himself or any of the persons staying with him.
8. SPECIAL REQUESTS
   8.1 In case the Buyer has any special requests, these must be compulsorily communicated at the time of Reservation. The Seller agrees to comply with requests received, provided they are reasonable, upon written confirmation. Sending the request through the Store does not imply that this request will be fulfilled. All special requests are subject to availability.
9. MAJOR FORCE.
   9.1 The Seller shall have the right to suspend performance of its obligations if such performance is prevented by a Force Majeure Event.
   9.2 The Seller shall notify the Buyer within a reasonable time of the occurrence of a Force Majeure Event. From the time the Buyer receives notification regarding the Force Majeure Event, the Seller shall be entitled to suspend its contractual obligations for 3 (three) months. Where the Force Majeure Event does not cease by the end of the above period, each Party shall have the right to terminate the contract.
10. TRADEMARKS AND INDUSTRIAL PROPERTY RIGHTS
    10.1 The Purchaser acknowledges and agrees that nothing contained in these Conditions or in the Reservation may or shall be construed as conferring on the Purchaser any right and/or title and/or interest in any intellectual or industrial property right (including, but not limited to, images, logos, photographs, layout, design, copyrighted know-how, trademarks, patents, models and/or other industrial and intellectual property rights recognized by Italian and international law) owned by the Seller and/or its successors and/or legal successors. Likewise, Buyer acknowledges and agrees that nothing contained in these Terms or the Reservation shall be construed as conferring on Buyer any right, title, or interest in any intellectual or industrial property rights licensed to Seller and/or in the name of Seller, its partners, or its legal representatives (hereinafter, all of the foregoing, “IP Rights”).
    10.2 Buyer agrees not to deposit or cause to be deposited IP Rights or to deposit or cause to be deposited trademarks, patents, names or distinctive signs that can be confused with IP Rights or to register domain names that can be confused with Seller’s name.
11. APPLICABLE LAW AND JURISDICTION
    11.1 These Conditions, Reservations and Order Confirmations shall be governed exclusively by Italian law. The applicability of the 1980 Vienna Convention on the International Sale of Goods is expressly excluded.
    11.2 For any dispute between the Buyer and the Seller, whether it relates to these Conditions or to any Reservation, the territorial jurisdiction is of the court of the place of residence or domicile of the Buyer, if located in the territory of the Italian State.
    10.3 Alternatively, Buyer residing in the European Union may choose to access the platform for out-of-court dispute resolution made available by the European Commission at https://ec.europa.eu/consumers/odr.
12. COMMUNICATIONS AND NOTICES
    12.1 Any telephone communication to the Seller shall be made at the following telephone number: +39 3517517527.
    12..2 Any notice requiring, under these Conditions, proof of receipt thereof by the Seller may be sent to the following addresses:
    Address: info@torinoloft.com
    PEC: 00506410018.torino@pec.ance.it
    11.3 Buyer acknowledges that all communications to be sent by Seller in connection with the Conditions or Orders will be sent to the e-mail address provided by Buyer.
13. DATA PROCESSING
    13.1 Personal data provided by Buyer will be processed in the manner and for the purposes indicated in the Privacy Policy, published and available in the footer of the Store.
    13.2 Seller agrees to process Buyer’s personal data in accordance with the contents of the above notice, which Buyer acknowledges having viewed, read and understood.
    13.3 In any case, the Seller shall not be held liable for any damages resulting from errors or omissions in the communication of personal data by the Buyer or in case of failure to communicate the update of the same.
14. MISCELLANEOUS
    14.1 The invalidity, illegality or ineffectiveness of any of the provisions contained in these Conditions shall not affect the validity or effectiveness of the remaining provisions.
    14.2 Seller’s failure or delay in exercising any right or remedy under the Conditions shall not constitute a waiver of such right or remedy.

    Pursuant to Articles 1341 and 1342 of the Civil Code, the Buyer expressly approves and accepts the contents of the following paragraphs of the Conditions: article 1.3 (jus variandi); article 3.5 (waiver of refund, indemnity or compensation); article 4 (limitations with respect to requests for changes and cancellations); article 6 (limitation of liability); article 9 (limitation of liability); article 11 (place of jurisdiction).