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Terms of use Policy
The Fab Stay LTD is an online listing platform providing information of affiliated and unaffiliated services, experiences and/or accommodation providers in the Italian region of Puglia and the surrounding areas. The Fab Stay LTD also provide property management services to property owners in Puglia and the surround regions. Website visitors have the ability to inquire for experiences, services and/or accommodation listings on www.thefabstay.com and www.thefabstay.it. Visitors have the right to create an account to become a ‘guest’ with dependence of their need to use these websites provided by The Fab Stay LTD.
These terms of use govern your use of www.thefabstay.com and www.thefabstay.it; by using these websites, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website. If you have created a ‘guest’ profile, it is the responsibility of the profile owner to delete the profile or inform us by email to info@thefabstay.com to request the deletion the owner’s profile.
You must be at least 18 years of age to purchase products on www.thefabstay.com, www.thefabstay.it or any 3rd party platforms one may use to buy products promoted by The Fab Stay and any affiliated staff or partners. By using our website and by agreeing to these terms of use, you warrant and represent that you are at least 18 years of age.
Our website uses cookies. By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our privacy policy.
Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights on www.thefabstay.com, www.thefabstay.it and material on these websites. Subject to the licence below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or PDF’s from the above mentioned websites for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.
You must not:
(a) republish material from these websites (including republication on another website);
(b) sell, rent or sub-license material from these websites;
(c) show any material from these websites in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our websites for a commercial purpose;
(e) edit or otherwise modify any material on these websites; or
(f) redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).
Where content is specifically made available for redistribution, it may only be redistributed to your friends and family.
Acceptable use
You must not use our websites in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of these websites; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our websites to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our websites without our express written consent.
You must not use our websites to transmit or send unsolicited commercial communications.
You must not use our websites for any purposes related to marketing without our express written consent.
Restricted access
Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our websites, or indeed our whole websites.
If we provide you with a user ID and password to enable you to access restricted areas of our websites or other content or services, you must ensure that that user ID and password are kept confidential and used by yourself or partners in relation to being our websites ‘guests’.
You must notify us in writing immediately if you become aware of any unauthorised use of your account or password.
You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising from such a failure.
You must not use any other person’s user ID and password to access our websites, unless you have that person’s express permission to do so.
We may disable your user ID and password, and any data submitted to our websites as part of your ‘guest’ profile with sole discretion, without notice or explanation.
‘Guests’ bookings and payments
Visitors to our websites creating a ‘guest’ profile are responsible for the content created as part of their profile for the purposes of purchasing services and/or accommodation using these websites. If a ‘guest’ purchases any products on these websites, they can be subject to a 24-hour waiting period before the ‘owner’ of their services and/or accommodation approves each booking. Once a booking has been approved by the ‘owner’ of the service and/or accommodation, only then will the money in Euros be committed and processed through check-out, as payment. The ‘owner’ of the service and/or accommodation reserves the right to cancel each booking up to and not within a 48-hour period. The ‘guest’ booking a service and/or accommodation, reserves the right to cancel their booking up to and not within a 48-hour period. Guests are provided the option of payment using PayPal or a credit/debit card or any additional payment method as described when reaching the check-out area. The same account details will be used when refunding a ‘guests’ booking through our websites. If bookings are made on 3rd party platforms, Airbnb or Booking.com, the terms of use of these websites will vito any conditions detailed here.
When you make a booking with us, the first named person on the booking agrees on behalf of all persons named on the booking that he/she:
(a) has read these terms and has the authority to and does agree to be bound by them;
(b) consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements);
(c) accepts financial responsibility for payment of the booking on behalf of all persons named on the booking.
You can initiate a booking by sending an enquiry online on/via our website, by email, or you can also initiate a booking by using our online booking facility. It is your responsibility to ensure that you have carefully read the property and local area description and that you have selected the most appropriate property/service or experience for your requirements. If you, or any of your group, have any specific requirements or requests, you must contact us before making your booking. Prior to departure, it is essential that you provide us with the details of all persons involved to the booking. The use of your chosen property, its grounds and amenities are strictly reserved for those people named on the booking.
Our acceptance of your booking will take place when we send you a confirmation invoice that will confirm the details of your booking, at which point a contract will come into existence between you and us, governed by these terms. The confirmation invoice will be sent to the e-mail address reported during the booking.
It is your responsibility to check the confirmation invoice, and any other documents we send to you, carefully and as soon as you receive them. It is your responsibility to contact us immediately if any information which appears on the confirmation invoice or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We will assign a reference number to your booking and tell you what it is when we confirm your booking. It will help us if you can tell us the booking reference whenever you contact us about your booking. In case you booked an outside experience, it may be subject to changes due weather condition. The Fab Stay Ltd acts as an agent on behalf of the Supplier/Principal of your chosen experience. This means that your contract is with the Supplier/Principal and not with us. The applicable payment method depends on the experience you have booked. You may need to pay a booking fee or a deposit at the time of booking and then the balance locally (in Euros (€) to the Supplier/Principal or we will take payment (deposit or full balance) on behalf of the Supplier/Principal and no further payment will be due locally. For those experiences where local payment is required, you must ensure that you are able to pay using a method that the Supplier/Principal is able to accept. Please note that many Suppliers/Principal’s will only accept a Euro (€) cash payment and do not have credit or debit card facilities. Please check with us if you are unsure which method of payment you can use for your experience.
Prices
Prices indicated on each service or accommodation are set by The Fab Stay LTD and with their partners.
Prices shall be deemed total prices for the respective listing. Prices are displayed per night or time stated, depended by default, where applicable, plus any selected/booked extra services or binding variable incidental costs payable online or on location. The Fab Stay LTD may change the settings and see prices per stay for a chosen time frame. The Fab Stay LTD and their partners are solely responsible for the correct and complete display of prices. There will be no hidden charges in price. The Fab Stay LTD uses best endeavours to gather all costs and to display complete prices on their websites.
It is always possible that, despite our best efforts, some of the properties or experience that we sell may be incorrectly priced. We will normally check prices before accepting your booking so that, where the correct price of the property or experience at your booking date is less than our stated price at your booking date, we will charge the lower amount. If the correct price of the property or experience at your booking date is higher than the price stated to you, we will contact you for your instructions before we accept your booking. If we accept and process your booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel the booking and refund you any sums you have paid.
The maximum occupancy of all of our properties (which includes adults and children) is clearly stated on the webpage for each property.
User generated content
In these terms of use, “your user content” as a ‘guest’ profile means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our websites, for whatever purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring any action for infringement of these rights.
You warrant and represent that your user content will comply with these terms of use.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
Your user content (and its publication on our website) must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property rights;
(d) infringe any right of confidence, right of privacy, or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence [in an explicit, graphic or gratuitous manner;
(m) be pornographic or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience, or needless anxiety to any person.
Your user content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.
You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
Limited warranties
You acknowledge that some of the information published on this website is submitted as ‘guest’ user. We endeavour to review, approve or edit such information but we do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Limitations and exclusions of liability
Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
You accept that we have an interest in limiting the personal liability of persons or partners of The Fab Stay LTD. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees of The Fab Stay LTD or their partners in respect of any losses you suffer in connection with the website or these terms of use. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of persons or partners of The Fab Stay LTD.
You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our websites or 3rd party platforms. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.
Indemnity
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.
Breaches of these terms of use
Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to The Fab Stay LTD websites;
(c) permanently prohibit you from accessing the website;
(d) block computers using your known IP addresses from accessing the websites;
(e) contact your internet services provider and request that they block your access to the websites;
(f) bring court proceedings against you for breach of contract or otherwise;
(g) suspend and/or delete your account with the website; and/or
(h) delete and/or edit any or all of your user-generated content.
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
Third-party websites and hyperlinks
Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third-party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
You may add hyperlinks directed at our website to your own websites without our specific permission, providing that such hyperlinks; and your website, do not contain or include or link to any materials that would, if published on our websites, breach these terms of use.
Trademarks
The Fab Stay Ltd, and our logos are trademarks belonging to us. We give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
The other registered and unregistered trademarks or service marks on our websites are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
Competitions
From time to time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions (that we will make available to you as appropriate).
Variation
We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.
Severability
If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Exclusion of third-party rights
These terms of use are for the benefit of you and us and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.
Entire agreement
These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our websites and supersede all previous agreements in respect of your use of these websites.
Complaints procedure
If you have a complaint about our property/service or experience, you must contact us at info@thefabstay.com. We will take all reasonable steps to help you. It is only if you do this that we will have the opportunity to put matters right whilst your booking is underway.
If you are still unhappy after your stay a you have a complaint or claim that you wish to pursue, please write to us within 28 days of your return. Your complaint or claim will be investigated, and a full reply sent to you as soon as possible. As our investigations may involve obtaining information from overseas, it may take a few weeks.
Law and jurisdiction
These terms of use will be governed by and construed in accordance with Italian law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of Italy.
Registrations and authorisations
Our VAT number is 02682620741
Our details
The full name of our company is The Fab Stay Ltd.
We are registered in Italy under registration number 02682620741.
Our registered address is Via Rubini N 12, 72100 Brindisi
You can contact us by email to info@thefabstay.com.
Complaints can be sent to info@thefabstay.com
