Appartamenti per la vacanza & case vacanza di proprietari privati

The firm fewo-marken | Andrea Moroni maintains a holiday rental directory (directory) for vacation homes and apartments (properties) in the italian region Le Marche under the Internet address www.fewo-marken.de. Vacation home and apartment owners (advertisers) are able to publicize their properties in the directory so that its users (holiday makers) can inquire directly about the properties offered.

The contract regulates the use of advertising services through the FEWO-MARKEN-directory, so that holiday makers interested in renting the properties can inquire about the advertisers' services and book with them directly. 

1.1 FEWO-MARKEN fulfils its contractual obligation by publishing the properties in the FEWO-MARKEN directory at the advertiser's request. The publication of each property is standardized according to Paragraph 2 regarding the appropriate structure and required information for the advertisement. FEWO-MARKEN does act as an intermediary only after a written agreement on commission. Thus, the acceptance of holiday makers takes place at the sole discretion and exclusively by the advertiser. Should the advertiser also offer package deals, then he/she will be considered a travel agent according to § 651 German Civil Code and is thus bound to the legal conditions which arise from this designation (i.e. securing the holiday maker's money). FEWO-MARKEN may use its discretion in how it chooses to advertise its services, including the use of partner web-pages. FEWO-MARKEN is not required to link its web-site with partner web-sites. 

1.2 Only one rental unit may be listed for each property listing. It is not permitted to refer to multiple properties available when only one order is placed. The advertisement of more than one property from a single location (i.e. in an apartment complex) can only be done by placing separate unit orders (max. 5). 

2.1 The collection of necessary data occurs exclusively through the advertiser's area of the web-site by the advertiser him/herself. Upon logging in for the first time, the advertiser receives a username and password with which he/she can access and change his/her information at any time of day from anywhere in the world. It is the responsibility of the advertiser to assure than no third parties have access to this information. Should an advertiser suspect that a third person has access to the information, he/she is required to change the password through the advertiser's area immediately or to contact FEWO-MARKEN so that access can be blocked. FEWO-MARKEN points out that any "Advertisement Blockers" installed by the advertiser can lead to technical problems regarding data maintenance in the advertiser's area, which FEWO-MARKEN cannot be held responsible.

2.2 The minimum requirements regarding data quality and content can be understood from the structure of the online registration form as well as through the "FEWO-MARKEN Requirements for Free Text," which the advertisers can access and print at any time from the advertiser's area. The entry of references to other web-sites (links), e-mail addresses, any HTML formatting, as well as poor translations in other languages will not be accepted. FEWO-MARKEN can refuse problematic text or change them according to the "FEWO-MARKEN Requirements for Free Text"; however, FEWO-MARKEN may not change the basic content.

2.3 FEWO-MARKEN must not adhere to any special requirements regarding the data quality or content provided by the advertiser. FEWO-MARKEN may change the format or further develop the directory. This refers specifically to the GBS (Geographical Breakdown System). The information supplied by the advertiser must, however, remain public in its complete form.

2.4 FEWO-MARKEN reserves the right to place external advertisements on any of its pages.

2.5 Photographs must be sent to FEWO-MARKEN with good color quality, either in digital form as a JPG-file (in square/rectangular form, min. 450 pixels, no picture collages) or in hard copy form (no color copies, color print-outs or slides). Photographs will be archived by FEWO-MARKEN after processing.
FEWO-MARKEN reserves the right to reject the publication of listings with poor picture quality.

3.1 Payment is due upon submission of the contract information and is not refundable.
Advertisers with their invoice address in a EU country - except Germany - are debtors of VAT and are obliged to pay VAT on the invoice amount in their country respective to the national VAT law.

3.2 When paying from abroad, the advertiser is obligated to cover any additional costs relating to the money transfer. Should the payment received by FEWO-MARKEN be incomplete or not be received at all, FEWO-MARKEN is permitted to remove the property from the directory without notice until the complete payment is received; the agreed upon contractual period continues unabated.

3.3 In the event of payment default, FEWO-MARKEN is permitted to include a flat fee of 5 EUR on the bill (for a second offense) and collect interest in the amount of 5% above the base interest rate set by the European Central Bank. Proof of minor damages is permitted.

3.4 The advertiser receives an invoice via e-mail. Payments by check are not permitted.

3.5 FEWO-MARKEN is obligated to place the listing on the Internet within two business days after receiving the complete order (complete and correct information, pictures) and payment.

4.1 The advertiser confirms that the property offered can be rented out. The property will be advertised based on the submission of the required information. The advertiser is obligated to provide information which, to the best of his/her knowledge, is correct; he/she furthermore agrees not to place misleading offers in the directory. This is particularly in regards to price and vacancy information. Each intentional disregard of this condition will result in a contractual penalty of 300 EUR.

4.2 The advertiser is solely responsible for the accuracy and content of the property. Guest book entries must come from genuine holiday makers and must be truthful. Upon request, the advertiser must provide the e-mail address of the quoted holiday maker.

4.3 FEWO-MARKEN cannot be held responsible for incorrect/misleading listings or for unfulfilled contractual obligations on the part of the advertiser. FEWO-MARKEN cannot be held responsible for damage resulting from formatting changes to the directory, the positioning of properties within the directory or changes to photograph or data templates carried out by the advertiser.

4.4 The advertiser hereby assures FEWO-MARKEN that the photographic material used by him/her does not violate copyright laws or the rights of third parties. The advertiser also exempts FEWO-MARKEN from all third party legal claims resulting from reproduced symbols, drawings, artwork, patents, copyrights and other immaterial goods laws and other general offenses of travel or other law. Any costs resulting from legal proceedings, including attorney and legal fees, will be ascribed to the advertiser.

4.5 The advertiser also exempts FEWO-MARKEN from all third party claims arising from incomplete and/or misstated data or information regarding the travel service/property offered. Any legal costs for FEWO-MARKEN relating to such offenses brought by a third party are the legal obligation of the advertiser.

5.1 FEWO-MARKEN guarantees that it will reproduce the data provided by the advertiser using a common technological standard in order to provide the best possible representation of the services offered by the advertiser. The advertiser hereby acknowledges that varying technical standards and data transfer rates/technologies cannot guarantee that the display of information will be completely free of errors or other problems at all times.

The following circumstances are instances that do not represent grounds for error:

• the application of an incompatible display software and/or hardware (i.e. browser), or
• disruptions stemming from the telecom service provider, or
• computer failure of a third party, or
• criminal manipulation of a third party ("hacker"), or
• incomplete and/or out-of-date offers from proxies, or
• through failure of the server, which lasts no longer than 24 hours (consecutive or added).

5.2 FEWO-MARKEN is permitted to make its services temporarily unavailable for 48 hours per year for maintenance.

5.3 With the reproduction of color pictures on the Internet, occasional color distortions can occur. FEWO-MARKEN stresses that the quality of pictures displayed on the Internet can only be as good as the picture template provided. FEWO-MARKEN does not in any way alter the pictures submitted. FEWO-MARKEN does not give any price reductions if the pictures submitted are of poor quality.

FEWO-MARKEN is liable for criminal intent and gross negligence relating to the legal conditions described herein.
FEWO-MARKEN is not liable for unforeseeable damages or their direct/indirect consequences, including revenue or asset loss, which are not addressed in the contract.

This service is provided under the auspices of the valid data protection laws. The advertiser is hereby instructed, according to § 33 par. 1 of the German Data Protection Law, that his/her data is saved by FEWO-MARKEN in machine-readable form and is computer processed for contract purposes. FEWO-MARKEN is permitted to pass on such information to third parties as long as such information is necessary for FEWO-MARKEN to carry out its services.

8.1 With the submission of his/her property data, the advertiser permits FEWO-MARKEN, under the Data Protection Law, to publish such information in other forms of media as they see fit.

8.2 The advertiser hereby grants FEWO-MARKEN the right to use the photographic material submitted by him/her for marketing purposes. FEWO-MARKEN reserves the right to copy and distribute all available electronic graphic representations for advertising purposes.

8.3 FEWO-MARKEN reserves the right to refer to other web-sites from the page where the property is listed.
FEWO-MARKEN reserves the right, in regards to the design, to change the page format or alter its layout in order to improve it.
FEWO-MARKEN is not required to accept every property submission.
References to other web-sites containing information about a property found on the FEWO-MARKEN web-site are free of charge. However, FEWO-MARKEN reserves the right to (a) refuse links to external web-pages when such pages contain advertisements or other properties not marketed by FEWO-MARKEN; (b) refuse and/or remove without reason any reference to an external site as FEWO-MARKEN sees fit.
FEWO-MARKEN is not required to notify the advertisers when such refusals/deletions take place.

9.1 The forwarding of inquiries for a property by e-mail is free of charge.

9.2 The advertiser is responsible for the accuracy and functionality of the forwarding information (especially the e-mail address for property inquiries). It is the advertiser's obligation to check his/her e-mails regularly.

9.3 Should an error message occur upon an attempted e-mail forwarding, FEWO-MARKEN is permitted to deactivate the forward without prior notification and to take the property out of the directory until the problem is resolved. This does not impact the contract's time to expiration.

10.1 The advertiser can change all submitted data at any time through the advertiser's area. It is the duty of the advertiser to assure that all data is complete, correct and current in each language listed (currently German, English and Italian). This refers especially to price quotes, contact information and vacancies.

10.2 Changes to free text, the services offered, prices and contact information are made immediately available online. FEWO-MARKEN reserves the right to change or alter, without notice, free text which does not comply with FEWO-MARKEN's rules and regulations. Changes which occur through the advertiser's area are free of charge. The advertiser can also request that FEWO-MARKEN makes changes by signing up for the Premium Service.

10.3 The advertiser is not permitted to maintain his/her information automatically with the assistance of a computer program.

The contract period is specified on the order form. A listing refers to a particular property, which receives its own property number, through which potential holiday makers can simply and easily locate it as soon as it is online. An existing listing cannot be written over with information from another property.
The contractual time period may not be interrupted. When a property is deactivated, the contract's expiration becomes effective immediately. A reimbursement or replacement by another property is not possible. The contract ends automatically upon expiration as long as not otherwise specified. FEWO-MARKEN will contact the advertiser one time prior to the contract expiration date by e-mail. Should the contractual period not be extended, the listing will be automatically removed from the directory upon contract expiration. FEWO-MARKEN reserves the right, in the event that the advertiser does not maintain truthful information about his/her property, to remove the property from the directory.
The same applies in the case that an advertiser double books his property.
In the case that these guidelines are violated, the advertiser is given 5 days to correct or make necessary changes to the information before the listing is deleted.

The legal place of business and jurisdiction is Brüggen (Germany).

13.1 The above conditions are valid for all contracts for advertising services between FEWO-MARKEN and the advertiser. This is also valid in the case that the terms and conditions apply, and that these conditions conflict or differ with the conditions contained in this agreement.
Differing conditions are only considered valid upon prior written approval from FEWO-MARKEN.

13.2 In the event that one or more clauses of this contract or of the terms and conditions are deemed completely or partially invalid, loses its legal validity or contains a loophole, the validity of the remaining conditions will remain intact. In place of such invalid conditions or loopholes, another legally acceptable condition which is applicable and similar in meaning to that which the contractual partners intended may replace it.

13.3 The valid law is German law. The UN purchasing right is particularly excluded.