GENERAL TERMS AND CONDITIONS
These pages, their content, their structure and the online booking service of accommodation facilities provided on them and through this website (the “service”) are owned, managed and offered by Smartway S.r.l. (“” Smartway “”, “” we “”, “us”, “” our / our “” or “” our / our “”) and are provided for your exclusive personal use with non-commercial purposes, governed by the terms and from the conditions described below.
- Purpose of service
Through this platform we provide an online service to remote workers to book their remote work accommodations and services and to the accommodations and services providers to advertise their accommodations / services.
By making a reservation through Smartway, you will establish a direct contractual relationship (binding in legal terms) with the accommodation / service provider
From the moment of the aforementioned booking, we will act exclusively as intermediaries between you and the accommodation facility, transmitting the details of the reservation to the relevant facility and sending you a confirmation e-mail for and on behalf of the accommodation facility.
Our site does not have the purpose, and should not be seen under this perspective, to recommend or support any property marketed on it, in terms of quality, level of service, classification and assignment of the category through stars.
Our services are available for personal, non-commercial use only.
Therefore, it is not permitted to resell, use, copy, deep-link, monitor, display, download or reproduce any content or information, software, product or service available on our site for any type of commercial or competitive activity or purpose.
- Privacy and cookies
Smartway adopts highly ethical standards and respects your privacy. Unless required by law by the respective jurisdictions, and with the exception of the transmission to the accommodation facility of your name, your e-mail address and, where required, your credit card details – the purpose of which is to complete the booking for the selected accommodation – we will not disclose your personal data to third parties without your consent. However, we reserve the right to disclose your personal data to our employees and those of our affiliated companies and to our agents and trusted representatives who, with our consent, have access to such information and who need to access it only for purpose of carrying out their duties on our behalf, all so that you can take advantage of an ever better service.
By making a reservation at an accommodation facility, you accept and approve the respective cancellation and no-show policies of that facility and any other additional facility rules or conditions applicable to your booking or during your stay, including the services and / or products offered from the property (the rules and conditions of a property are obtained directly from the relevant accommodation itself).
The general cancellation and no-show rules of each property are mentioned on our website in the information pages regarding the property, during the booking procedure and / or on the confirmation email. Before making the reservation, carefully check the presence of these conditions in the details regarding the room and rates.
- Refund conditions for guests
If a problem occurs during your stay, the Guest Refund Policy is there to ensure that the rest of your trip goes smoothly.
From last-minute host cancellations to the wrong number of rooms, problems with your stay can come in various degrees of severity and forms. For any eligible issue that significantly affects your stay or prevents its fulfillment, Smartway will help you get your trip back on track.
Situations that might be eligible for a refund usually fall into one of these two categories:
- In the 24 hours prior check-in. For any eligible issues that you are notified close to check-in, contact us: we will book the same or better accommodation for you or make a 100% refund.
- During your stay. For any other eligible problem that occurs later during your stay, contact us: we will provide you with a partial refund or make another booking, depending on the nature of the problem.
4.1 Eligible Travel Issues
The Guest Refund Policy lists the travel issues eligible for a refund and the minimum quality standards for each stay. Here are further details on what falls within the aforementioned terms and on how Smartway can intervene to provide support:
- The host does not engage or does not respond
- The host cancels the booking during your trip or is unresponsive or unable to resolve a problem at check-in. The following situations fall into this case:
- the host cancels your booking within 24 hours prior to check-in
- the host changes your booking to another listing/property without your approval
- the host gives you an incorrect code for the safe and it is untraceable
- The accommodation is not safe or clean upon arrival
- The conditions of the check-in space constitute an immediate risk to safety or health or require professional intervention to manage the problem, or it seems that no cleaning has been done since someone’s last stay. The problem could be:
- a severe allergic reaction
- the excessive presence of mold
- dirty bed linen
- unpleasant odors
- the presence of pests that could transmit diseases
- poisonous insects that can bite or sting
- lice or parasites
- The description of the ad was not accurate
- Critical features that were indicated to you at the time of booking were incorrect or were unavailable. An inaccuracy could be, for example:
- an incorrect number of rooms or beds
- some accessibility features that were listed are missing
- a carbon monoxide detector mentioned in the description of the ad is not present
- Significant services are not available. Services that played a fundamental role in the announcement are not present, making the stay impossible. Examples:
- the pool is in a very bad state in the summer months
- the kitchen is under construction
- the boiler is broken in winter
4.2 Submit a complaint
If you run into a travel problem at any stage of it and you have made the booking on Smartway, here is what we will need from you when you contact us to file a complaint:
– send a message or call Smartway within 24 hours of having discovered the travel problem
– Share photos or videos to document problems such as dirty bedding or incorrect passcodes
We will contact you and communicate the next steps to be followed.
- Further correspondence
By making a reservation, you agree to receive e-mails containing information about it and a e-mails after your stay, with invitation to express your opinion on the structure. In addition to the booking confirmation e-mail, any notification e-mails for changes or cancellations, a reminder e-mail if you have not completed the reservation, communications regarding the reservation (from us or from structure), invitations to issue a judgment and any other e-mails you expressly request, we will not send you any other messages, notices or e-mails (required or not), unless you have given specific consent.
- Ranking and Guest Reviews
The completed guest judgment could be:
(a) uploaded to the accommodation page on our website in order to provide (future) customers your point of view about the (level of) service and quality of the property
(b) (wholly or partially) used and placed by Smartway, in its sole discretion (e.g. for reasons related to marketing, for promotional purposes or to improve the service), on the website or on social network platforms, on newsletters, in case of special promotions, on applications or other channels owned by and hosted, used or controlled by Smartway.
We reserve the right to change, reject or remove reviews in our sole discretion. The guest judgment form must be considered a survey and will not include any (further) offer, invitation or (commercial) incentive of any kind.
Without prejudice to the limitations and clarifications indicated in the hypotheses provided for by these terms and conditions and to the extent permitted by law, we will be held liable only for direct and immediate damages actually suffered, paid for or to which we have encountered, due to failure to comply with our obligations in respect of the services that we should have performed. The compensation may go up to the total amount of the cost of your booking, as established in the confirmation email (either for a single circumstance or for a series of related circumstances).
However, and to the extent permitted by law, neither we nor any of our operators, managers, employees, representatives, subsidiaries, affiliates, affiliated (distribution) partners, licensees, agents or persons involved in the production, sponsorship, promotion or disclosure of the site and its contents, we will be held responsible for
(i) punitive, special, indirect or consequential losses or damages, for no loss of production, profit, income, contract, for injury or damage to good name and reputation, for the loss of the right
(ii) due to the inadequacy of the (descriptive) information of the accommodation facility (regarding rates, availability and classification), made available on our website
(iii) for the services provided or for the products offered by the structure
(iv) for damages (direct, indirect, consequential or punitive), for losses or costs suffered, paid or incurred, as a result of the inability to use or delay of our website, but consequent or connected use, or
(v) for (personal) damage, death, property damage or other types of damage (direct, indirect, special, consequential or punitive), for losses or costs suffered, paid or incurred, for actions (legal ), errors, violations, (serious) faults, intentional maladministration, omissions, negligence, false declaration, civil or objective liability for an unlawful act attributable (partially or totally) to the structure (to its employees, directors, managers, agents, representatives or affiliated companies), including (partial) cancellations, overbooking, strike, force majeure or any other event beyond our control.
Unless otherwise specified, the software required to provide our services, made available or used by our website, and the copyright of the content (including copyright), information and material on our site are owned of Smartway, its suppliers or its providers.
To the extent permitted by law, these terms and conditions, as well as the provision of our services, will be governed and interpreted in accordance with Italian law and any dispute arising from these terms, the general conditions and our services will be remitted exclusively to the competent court of Siena (Italy).
In the event that any of the provisions of these Terms and Conditions are invalid, become invalid, or become non-binding, you will continue to abide by all other provisions set forth herein. In this case we will replace the aforementioned clause with a clause that is valid and binding, that has an effect as similar as possible to the one replaced and that you undertake to accept in compliance with the contents and purposes of these Terms and Conditions.
- What is Smartway.work?
All our services are provided by Smartway Srl, a limited liability company with VAT number (Partita IVA) 01522820529 subject to Italian law and with registered office in Via dell’Opio nel Corso 11, 53045 Montepulciano (SI), and registered in the Chamber of Commerce of Arezzo – Siena with the number REA SI registration – 206944