Terms & Conditions

1. Introductions

The website www.viverelivigno.com and any mobile application connected to it are owned by “Vivere Livigno di Rocca Giovanni – Via Rasia, 540 – 23041 Livigno (So) – Italy”
The conditions indicated on this page, together with the Privacy Policy govern the relationship between “Vivere LIvigno” and any individual who uses or access the site and any content or services available through it as a traveller or potential traveller, and which does not use its status as owner or manager of property.
Travellers are people who use the site to access information about “Vivere Livigno” with the aim of finding suggestions and advice and then make reservations.
By using or accessing the site, the user accepts these conditions. The traveller acknowledges and accepts the contractual conditions defined by each owner as well as our Privacy Policy.
“Vivere Livigno” reserves the right to review these conditions at any time by publishing an updated version of this web page. It is advisable to visit to visit this page periodically to view the current version.

2. The site is only a meeting place


This site is a place that allows owners to advertise one or more properties to rent for potential guests. We can also offer other functions or services to give the opportunity to owners and travellers to communicate with each other and to complete the booking of each service.
The site acts only as a “showcase” which allows the users to interact, and “Vivere Livigno” is not, and does not become, part of any contractual relationship between the user and the service manager, and not average between the user and the owner in case any controversy should arise between them. “Vivere Livigno” is not part of any lease or other agreement concluded between user and owners.

3. Announcements of Holiday Houses

The owners conclude a contract with “Vivere Livigno” in order to purchase an advertising space on the site for a specific activity.
For the purchase of an advertising space, the manager of each individual activity must place an offer by contacting the property of the site and pay to “Vivere Livigno” the price related to the “acceptance package” chosen. The amount of the package is not refundable under any circumstances.
Advertising space sold by “Vivere Livigno” has an annual duration. The subscription is valid for the entire period indicated in the contract signed by the owner/manager with "Vivere Livigno".
The purchased subscriptions will be renewed only and exclusively on the express indication of the owner/manager. In case the owner/manager does not inform “Vivere Livigno” about the will to renew the purchase within the end of the annuity, the subscription will automatically expire and the page will be excluded from the site for the next year.
It will not be possible to cancel the purchase of an advertising space before the end of the annuity. Payment of the fee to “Vivere Livigno” may be made according to the agreement between the operator and “Vivere Livigno”.
Managers qualified as Travel Agencies may request to “Vivere Livigno” to conclude a separate contract. 
“Vivere Livigno” reserves the right to refuse to publish an advertisement relating to a facility that does not deliver to “Vivere Livigno”, at the time of signing the contract, as provided for in the contract (copy of the licence, cir code and service list of the facility).

4. Announcements & Conditions

Each manager also declares and agrees that all the information provided to “Vivere Livigno” (services, location etc…) are accurate and updated. The operator undertakes to ask to “Vivere Livigno” to publish only advertisements relating to facilities for which he has the right to rent them to users. The manager also undertakes to keep updated the contents of the page related to its structure.
The owner undertakes to ensure that the information published on his page is accurate and updated throughout the publication period in the site, and in the case of translation, ensures that the content is correctly translated. The owner will not give misleading indications as to the origin of any information or will not include details that may hide the true source of the information.
The managers of each structure published in the site are responsible for ensuring that the contents of their structure do not violate the law or the rights of any person or entity. The advertisements must not contain false information, personal insults, any slanderous or defamatory content, or any element that violates the copyright or the law about the protection of personal data.
The photographs on each page must reproduce the structure as the main subject of the photograph and may not include children or adults, if the manager does not have their legal consent, or any element that may violate the law about the protection of personal data, intellectual property rights or any other third party rights.
Each ad can be related only to a specific property: the property showed in the ad cannot be replaced by another property. If a manager makes changes to an existing ad which would substantially change the ad to another property, “Vivere Livigno” reserves the right to delete the ad.
“Vivere Livigno” may occasionally provide services to managers to create or improve the quality of the content they publish. “Vivere Livigno” may occasionally create, or otherwise modify the location or geographical descriptions necessary to identify Holiday Homes in the ads and in the results of the search. Consequently, “Vivere Livigno” may change the location or geographical description associated with any ad. However, “Vivere Livigno” does not assume responsibility for verifying the properties, the contents of the ads or the accuracy of the location. The owners/managers are solely responsible for the accuracy of the contents, locations and geographical description and agree to promptly correct (or contact us to correct) any inaccuracies.
If an ad violates these conditions, “Vivere Livigno” reserves the right to suspend, remove or delete the ad or any item of the ad which are potentially incorrect.

5. Requests and Messages


Requests sent using the system of “Vivere Livigno” may be displayed by a limited number of employees of the customer service, if requested by managers or users on their previous requests. “Vivere Livigno” can also supervise messages from time to time if these messages are sent using our platform.
“Vivere Livigno” may occasionally use third party email servers to send and supervise the receipt of request emails and analyse the percentage of usage of requests recorded by these third party monitoring system. Our system does not store messages indefinitely, and these may no longer be accessible after the message has been delivered to you.
“Vivere Livigno” is not in any way responsible for communication between the owner and the user, or for involvement in communication between the owner and the user.

6. Additional services on payment

“Vivere Livigno” provides, and can occasionally add or remove, additional services on payment that owners may decide to purchase.

7. User’s personal information; spam prohibited

“Vivere Livigno” does not tolerate spam or any kind of unwanted electronic advertising communications. The user accepts that, with regard to the personal information of other users obtained directly or indirectly through the site or through communications related to the site itself or to transactions mediated by the site, “Vivere Livigno” allows the owner/manager to use this information only for the following purposes:
a) Communications relating to the site, which are not unwanted advertisements
b) Use of services offered through the site
The owner/manager agrees to protect the personal information of other users with the same attention as its confidential information, and assumes any responsibility for the misure, loss, or unauthorized transfer of such information.

8. Prohibitions


The owner shall not directly or indirectly:
a) With regard to the site, exploit, copy, distribute, reproduce, modify, translate, make accessible to the public or decompile, in any form, also through automatic devices or manual processes, its contents and databases present in the site;
b) Supervise the content of the site or the communications with users using robots or other automatic tools;
c) Use the site of “Vivere Livigno” for other purposes than those permitted under these conditions;
d) Solicit a rental for a different property than a structure published in the site through a valid ad;
e) Upload or send to the site any content or programs, which due to their size or characteristic, could damage computers or networks of “Vivere Livigno”;
f) Reproduce any part of the site an another site or otherwise, using any device, including, but not limited to, the use of a frame or frame around the site, or any other framing technique to enclose parts or features the site, or reflect or reproduce any part of the site;
g) Include in the site of “Vivere Livigno” any content that violates any laws or regulations in force, or that encourages such a violation;
h) Use or access the site or systems of “Vivere Livigno” in order to endanger any computer or network system, including by making available any type of virus (virus means any program intentionally introduced into a system that performs an unnecessary and/or destructive function, such as displaying an irritating message or systematically over-reaching message writing of the information on the user’s hard disk;
i) Publish or transmit information that is false, fraudulent or deceptive, or engage in any act that may be considered “phishing” (either primary, secondary or other) or may give rise to criminal or civil liability;
j) Publish or transmit any illegal, threatening, offensive, slanderous, defamatory, obscene, vulgar, indecent, sexually explicit, pornographic or profane material;
k) Refer to “Vivere Livigno” so that it can be lead someone to believe that the owner, the structure, the ad or any website are sponsored by “Vivere Livigno”;
l) Replace a property in one ad with another property, without the prior consent of “Vivere Livigno”. The following substitution activities are prohibited:
   a) Multi units Ad: use an ad to promote more than one structure in the same building
   b) Replacement: change the structure that is displayed in the ad as soon as it has been booked
   c) Leeching: offer to an user that uses the site a structure different from the one that is displayed in the ad solicited by the user.
In case of breach of this clause by an owner, “Vivere Livigno” reserves the right to suspend, remove or delete the related announcement.

9. Suspension

If “Vivere Livigno” has received a complaint from a third party requesting the removal of content on the basis of an alleged infringement of trademarks, copyrights or competition law or the protection of personal data and/or privacy, or for any other reason, and that the owner could not prove that “Vivere Livigno” has the right to publish content, including pictures and/or photographs, or consider that:
a) Announcements or other content associated with an owner contain material that violates the guidelines published in the site, the law, current regulations or the rights of any person or entity;
b) An owner published material that is unsuitable or abusive in the site;
c) The owner’s ad or rental practices of the owner are unacceptable or unfair (for example, engages in any practices that may be considered unfair or improper within tourists rentals);
d) The owner violated any provision of the terms and conditions or any obligation towards “Vivere Livigno”;
e) An owner behaved abusively or offensively against an employee/representative of “Vivere Livigno”;
f) An owner uses a false identity;
g) Communication systems or platforms of “Vivere Livigno” have been misused;
h) Something similar to the above mentioned violations occurred in relation to an owner affiliated with “Vivere Livigno”;
For each of these cases, “Vivere Livigno” will have the right, at its sole discretion, to suspend, remove, or immediately delete the ad, or any ads associated with the owner.
Note that “Vivere Livigno” does not undertake to investigate the complaints.

10. Rights and Obligations of “Vivere Livigno”


Within the maximum permitted by applicable law, “Vivere Livigno” may modify, suspend or discontinue at any time any section of the site, including the availability of functions, databases or content of the site, in case of justified legal reasons, commercial or technical services. “Vivere Livigno” reserves the right to decide about the design, layout and functionality of the site. “Vivere Livigno” reserves the right to review, correct or modify the contents, layout or photographs provided by the owner.
“Vivere Livigno” will do its best to faithfully reproduce all the photographs of the structures received from the owners and defined by them as a true and accurate representation of the structure. However, the owner/manager acknowledges that some alterations of the original photos may happen while scanning non-digital images, and due to different screen settings.
“Vivere Livigno” may occasionally update and maintain the site. These operations may involve restrictions on the use of the site, its platforms and systems. “Vivere Livigno”, where possible, seeks to ensure that the operations causing such restrictions have been carried out at a time when most users do not use the site. “Vivere Livigno” provides users with an email system that owners and users can use to feel in contact. “Vivere Livigno” may carry out identity checks and require evidence to verify the existence of a property and/or the owner of the property. If “Vivere Livigno” – also following information provided by guests – suspects that the owner/manager has provided false information, the owner/manager agrees to promptly provide proof of personal identification and proof of ownership of the property present in the ad of the site, if required by “Vivere Livigno”. Each owner/manager acknowledges that the lack of respect for such clause constitutes a breach of the conditions.
“Vivere Livigno” respects the terms of its privacy policy. The owners/managers authorize “Vivere Livigno” to transmit their contact details, including the phone number, to the users of the site, in relation to a reservation of facilities. You will find more details in the privacy policy of the website. “Vivere Livigno” reserves the right (also in order to avoid fraudulent behavior by third parties) to give the phone number of an owner/manager to a user. The owner/manager agrees to have read the information on the protection of the site’s personal data and the cookie policy and to have given his consent to the processing of his data as indicated in such information.
In the event that an owner/manager is late in paying the purchase costs of an advertising space, or in the event that a third party requests the cancellation of an advertisement on the basis of an alleged trademark infringement, copyright, or competition law, or the protection or privacy and/or personal data, or for any other justified reason, and that the owner cannot provide proof to “Vivere Livigno” who holds the right to make the content public, including pictures and/or photographs, “Vivere Livigno” will have the right to block or delete the owner/manager’s ad, provisionally or definitively, without prejudice to any other legal action.

11. Copyright

All contents appearing on this site and the site itself is protected by copyrights and rights of the database. Reproduction of the site, in whole or in part, including the copy of text, graphics or drawings, is prohibited. Owners/managers are entitled to download, view or print individual pages of the site to demonstrate their agreement to the present conditions of “Vivere Livigno”. The file in question or the print in question must clearly state the words “Copyright 2019 – Vivere Livigno di Rocca Giovanni – All the rights reserved”.

12. Users’ rights to content

Where an owner/manager transmits contents of any kind, including text or images, through the site or platform or systems of “Vivere Livigno”, the owner/manager shall declare and guarantees that holds any rights relating to that content (authorization form for publications) and obtained the authorization of any persons represented or quoted and of the owners of the assets represented or mentioned in the contents (authorization form of the owner. In addition, the owner/manager accepts that “Vivere Livigno” can reproduce in whole or in part any photograph that the owner/manager has provided in order to promote his real estate or the promotion of the site. Moreover, “Vivere Livigno” has the right to modify photographs slightly, such as increasing their brightness.
To the extent that owner/manager’s announcements and other content may contain trademarks, the owner/manager shall declare and guarantee that he holds the relevant industrial property rights, including through a licensing agreement.
Publishing a content in the site, the owner/manager grants to “Vivere Livigno” a perpetual license, worldwide, irrevocable, unlimited, non-exclusive, royalty free for use, copy, license and sublicense (on several levels) adaptation, distribution, display, public exhibition, reproduction, transmission, modification, processing or any other method of exploiting texts, photograph and image (if any) of all content published on the website or websites of affiliated companies or partner companies.

13. Changes of the contents


“Vivere Livigno” reserves the right to modify the published content of an advertisement published by the owner/manager in a non-significant way and only in order to obtain contents in accordance with the guidelines and/or the formal requirements of “Vivere Livigno” in order to improve the quality of texts and photographs in accordance with the information given about the property in question. The owners/managers remain responsible for the contents so that they are correct, not misleading and comply with these conditions.

14. Compensation

The owner/manager agrees to keep “Vivere Livigno” and its managers, employees and agents, free from any claims (including, without limitation, reasonable legal and accounting costs) formulated by third parties against “Vivere Livigno” or any affiliate, arising from or in connection with any material or content that the owner/manager provides to the site; any use of the site; any use of the site by the owner/manager; and any breach of these conditions by the owners/managers

15. Notices

Any communications must be sent contacting directly “Vivere Livigno”:
“Vivere Livigno di Rocca Giovanni” – Via Rasia, 540 – 23041 Livigno (So) Italy
Notifications of violation of the copyright must contain:
a) Your postal address, phone number and e-mail address;
b) The clear details about the content in question (insertion of text or image) with a link to the site;
c) A valid and signed declaration that you are the owner of the violated copyrights and you have not authorized the use of the material in question

16. Responsibility of the owner/manager

The owner/manager will be considered solely and exclusively responsible for all the financial effects resulting from the damage suffered by “Vivere Livigno” relating to a content transmitted or sent by the owner/manager and which would damage the material of “Vivere Livigno”, and particularly its system and its data or causing faults or malfunctions in its system. The financial effects above mentioned include fees of lawyers or experts.

17. Limited liability of “Vivere Livigno”

To the maximum extent permitted by the applicable law, “Vivere Livigno” shall in none case be liable for the loss of profits or indirect effects, consequential, special or accessories deriving, based or resulting from the site, from these conditions, use by the user of the site and/or any operation between users, even if “Vivere LIvigno” has been advised of the possibility of such damage.

18. Variants

The relationships between owners/managers and users of the site are regulated and interpreted by the Italian law. The court responsible for any complaints arising from these conditions is the exclusive competence of the Italian courts. If a court of a competent jurisdiction finds any provisions of these conditions or a part thereof, inapplicable for any reason, this provision shall be deemed to be deleted and the remaining parts of these conditions shall remain effective. The titles of the clause of these conditions are indicated only for the facility of reference and do not influence the interpretation or construction of these conditions. If “Vivere Livigno” does not implement or enforce the rights or provisions of these conditions, this shall not constitute a waiver of such rights or dispositions. Except as expressly provided in additional terms and conditions, such as additional conditions for certain areas of the site including the privacy statement, these conditions govern the whole relationship between the owner/manager and “Vivere Livigno”, regarding the use of the site.
“Vivere LIvigno” may review these conditions at any time by publishing an updated version of this web page.
“Vivere Livigno” advises the owner/manager to keep a copy of these conditions in a separate file on his device or in printed form on paper.