Nutzungsbedingungen

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the BlueKeys platform, including the website at https://bluekeys.it, all associated mobile applications, and any related services (collectively, the "Platform").

The Platform is operated by Ferraro Filippo, a sole proprietorship (Ditta Individuale) registered in Italy with P.IVA 10979511218, CF FRRFPP85D03G568N, ATECO 799004 — Altre attività di assistenza turistica, having its registered office at Via Santa Maria dell'Orto 19 Sc. A, 80053 Castellammare di Stabia (NA), Italy, operating under the trade name "BlueKeys" ("BlueKeys", "we", "us", or "our").

By creating an account, accessing, or using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.

2. Platform Description

BlueKeys is an online marketplace that connects property owners and managers ("Hosts") with individuals seeking short-term vacation rental accommodation ("Travelers"). BlueKeys also facilitates the booking of tours, experiences, and local services in Southern Italy.

BlueKeys acts solely as an intermediary between Hosts and Travelers. BlueKeys does not own, manage, or control any properties listed on the Platform. The contractual relationship for the accommodation is between the Host and the Traveler. BlueKeys is not a party to any rental agreement.

3. User Accounts

3.1 Eligibility

You must be at least 18 years of age and have the legal capacity to enter into a binding contract to create an account on the Platform. By registering, you represent and warrant that you meet these requirements.

3.2 Account Registration

To access certain features, you must register for an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

3.3 Account Types

Traveler accounts allow you to browse listings, make bookings, leave reviews, and communicate with Hosts.

Host accounts allow you to list properties, manage availability and pricing, accept bookings, and receive payments through the Platform.

4. Booking Process and Payments

4.1 Booking

When a Traveler submits a booking request, the Host may accept or decline the request within the timeframe specified on the Platform. Once a Host accepts a booking request, a binding agreement is formed between the Host and the Traveler. BlueKeys will send a booking confirmation to both parties.

4.2 Payments

All payments are processed through our third-party payment provider, Stripe. When a booking is confirmed, the Traveler's payment method is charged for the total booking amount, including the accommodation fee, any applicable cleaning fee, service fee, and taxes.

BlueKeys collects payments on behalf of Hosts and disburses funds to the Host's designated bank account, typically within 24 hours after the Traveler's scheduled check-in, minus any applicable platform fees.

4.3 Currency

All prices on the Platform are displayed in Euros (EUR) unless otherwise stated. Travelers paying in a different currency may be subject to exchange rate fluctuations and fees imposed by their payment provider.

5. Commission and Fees

BlueKeys charges a platform service fee of 5% (five percent) on the total booking amount for each confirmed reservation. This fee is deducted from the Host's payout and covers the costs of operating the Platform, payment processing, customer support, and dispute resolution.

BlueKeys reserves the right to modify its fee structure at any time. Changes will be communicated to Hosts at least 30 days before they take effect. Existing confirmed bookings will not be affected by fee changes.

6. Host Responsibilities

6.1 Listing Accuracy

Hosts are solely responsible for ensuring that their listings are accurate, complete, and not misleading. This includes, but is not limited to, property descriptions, photographs, amenities, location, availability, pricing, and house rules. Listings must not contain false or deceptive information.

6.2 Legal Compliance

Hosts must comply with all applicable local, regional, and national laws and regulations regarding short-term rentals, including but not limited to: zoning regulations, tourist accommodation permits (e.g., CIR/CIN codes in Italy), building and safety codes, fire safety requirements, health and sanitation standards, and insurance obligations.

6.3 Tax Obligations

Hosts are solely responsible for determining, collecting, reporting, and remitting all applicable taxes, including but not limited to tourist tax (imposta di soggiorno), income tax, and VAT, where applicable. BlueKeys may collect and remit certain taxes on behalf of Hosts where required by law, but this does not relieve the Host of their overall tax obligations.

6.4 Check-in and Communication

Hosts must provide clear check-in instructions, respond to Traveler inquiries promptly, and be available (or have a designated representative available) to assist Travelers during their stay. Hosts must comply with Italian law regarding guest registration (schedina alloggiati).

6.5 Insurance

Hosts are strongly recommended to maintain adequate property insurance and liability insurance covering short-term rental activities. BlueKeys does not provide property or liability insurance for Hosts.

7. Traveler Responsibilities

7.1 Property Care

Travelers must treat the Host's property with reasonable care and respect. Travelers are liable for any damage caused to the property, furnishings, or equipment during their stay, beyond normal wear and tear.

7.2 House Rules

Travelers must comply with all house rules specified in the listing or communicated by the Host, including rules regarding noise, smoking, pets, maximum occupancy, and use of shared spaces.

7.3 Accurate Information

Travelers must provide accurate information when making a booking, including the true number of guests. Unauthorized guests or exceeding the stated occupancy is a violation of these Terms.

7.4 Legal Compliance

Travelers must comply with all applicable laws during their stay and must not use the property for any unlawful purpose.

8. Cancellation Policies

Each listing on BlueKeys specifies one of the following cancellation policies, chosen by the Host:

8.1 Flexible

Full refund if cancelled at least 7 days before check-in. If cancelled less than 7 days before check-in, the first night is non-refundable, and the remainder is refunded.

8.2 Moderate

Full refund if cancelled at least 14 days before check-in. If cancelled between 7 and 14 days before check-in, 50% of the total booking amount is refunded. No refund if cancelled less than 7 days before check-in.

8.3 Strict

Full refund if cancelled within 48 hours of booking and at least 30 days before check-in. If cancelled at least 14 days before check-in, 50% of the total booking amount is refunded. No refund if cancelled less than 14 days before check-in.

8.4 Refund Processing

Refunds are processed through the original payment method within 5–10 business days. The platform service fee is non-refundable except in cases where the cancellation is caused by a Host's action or inaction.

8.5 Host Cancellations

If a Host cancels a confirmed booking, the Traveler receives a full refund. Repeated Host cancellations may result in penalties, including listing deactivation or account suspension.

8b. Right of Withdrawal (Diritto di Recesso)

In accordance with Italian Legislative Decree 206/2005 (Consumer Code), consumers have the right to withdraw from a contract within 14 days of booking confirmation, without giving any reason and without incurring any cost, provided that the service has not yet been fully performed.

However, pursuant to Article 59(1)(n) of the Consumer Code, the right of withdrawal does not apply to contracts for the provision of accommodation services (other than residential), transport, car rental, catering, or leisure activities if the contract provides for a specific date or period of performance.

By confirming a booking on BlueKeys, you acknowledge that you are requesting the immediate performance of the service and that you understand the right of withdrawal may not apply once the service period begins.

9. Reviews and Content

9.1 Reviews

After a completed stay, both Travelers and Hosts may leave reviews. Reviews must be honest, accurate, and based on a genuine experience. Reviews must not contain offensive, discriminatory, or defamatory content.

9.2 User Content

By posting content (including reviews, photos, and listing descriptions) on the Platform, you grant BlueKeys a non-exclusive, worldwide, royalty-free, sublicensable, and transferable licence to use, reproduce, distribute, display, and modify such content in connection with the operation of the Platform and the promotion of BlueKeys.

10. Liability Limitations

10.1 Platform Role

BlueKeys acts solely as an intermediary. We do not own, manage, inspect, or control any properties listed on the Platform. We make no representations or warranties regarding the quality, safety, suitability, or legality of any listing, Host, or Traveler.

10.2 Limitation of Liability

To the maximum extent permitted by applicable law, BlueKeys, its directors, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your access to or use of, or inability to access or use, the Platform;
• Any conduct or content of any third party on the Platform;
• Any property or content obtained from the Platform;
• Unauthorised access, use, or alteration of your transmissions or content.

10.3 Maximum Liability

In no event shall BlueKeys' aggregate liability to you for all claims arising from or relating to the use of the Platform exceed the greater of (a) the amount of fees paid by you to BlueKeys in the twelve (12) months prior to the event giving rise to the claim, or (b) one hundred Euros (EUR 100.00).

11. Dispute Resolution

11.1 Between Users

In the event of a dispute between a Host and a Traveler (e.g., property condition, damages, refund requests), the parties are encouraged to resolve the matter directly. If a resolution cannot be reached, either party may request BlueKeys to mediate the dispute. BlueKeys will review the available evidence and make a determination, which both parties agree to accept as binding.

11.2 With BlueKeys

Any dispute arising out of or in connection with these Terms shall first be submitted to mediation in accordance with the mediation rules of the competent Italian mediation body. If mediation fails, the dispute shall be submitted to the exclusive jurisdiction of the Tribunale di Torre Annunziata.

11.3 EU Online Dispute Resolution

For consumers residing in the European Union, we are obliged to inform you that the European Commission has established an online dispute resolution platform (ODR), which can be accessed at https://ec.europa.eu/consumers/odr.

12. Intellectual Property

The Platform, including its design, text, graphics, logos, icons, images, software, and all other content ("BlueKeys Content"), is the property of BlueKeys or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any BlueKeys Content without our prior written consent. The BlueKeys name, logo, and all related marks are trademarks of BlueKeys.

13. Prohibited Conduct

You agree not to:

• Use the Platform for any unlawful purpose or in violation of any applicable law;
• Post false, misleading, or fraudulent content;
• Circumvent the Platform to make payments or arrangements outside of BlueKeys;
• Scrape, harvest, or collect data from the Platform without our written consent;
• Interfere with or disrupt the operation of the Platform or its infrastructure;
• Impersonate any person or entity, or falsely state or misrepresent your affiliation;
• Use the Platform to send unsolicited communications or spam;
• Attempt to gain unauthorised access to any portion of the Platform or any systems connected to it.

14. Account Suspension and Termination

BlueKeys reserves the right to suspend or terminate your account, at our sole discretion and without prior notice, if we believe that you have violated these Terms, engaged in fraudulent or illegal activity, or if your conduct is harmful to other users, Hosts, or the Platform.

You may close your account at any time by contacting us at info@bluekeys.it. Closing your account does not relieve you of obligations arising from bookings made prior to account closure.

15. Data Protection

We process personal data in accordance with our Datenschutzerklärung, which forms an integral part of these Terms. By using the Platform, you acknowledge that you have read and understood our Privacy Policy and consent to the processing of your personal data as described therein.

16. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Italy, without regard to its conflict of law principles.

Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be subject to the exclusive jurisdiction of the Tribunale di Torre Annunziata, Italy. This does not affect your statutory rights as a consumer under mandatory EU consumer protection legislation.

17. Modifications to These Terms

BlueKeys reserves the right to modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice on the Platform at least 30 days before the changes take effect. Your continued use of the Platform after the effective date of the revised Terms constitutes your acceptance of the changes.

We recommend reviewing these Terms periodically for any updates.

18. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, it shall be severed. The remaining provisions shall continue in full force and effect.

19. Entire Agreement

These Terms, together with the Datenschutzerklärung and Cookie-Richtlinie, constitute the entire agreement between you and BlueKeys regarding the use of the Platform and supersede all prior agreements, understandings, and representations.

20. Contact Information

If you have any questions about these Terms, please contact us:

• BlueKeys
• Via Santa Maria dell'Orto 19
• 80053 Castellammare di Stabia (NA), Italy
• P.IVA: 10979511218 — CF: FRRFPP85D03G568N
• Email: info@bluekeys.it
• Privacy inquiries: privacy@bluekeys.it
• Phone: +39 320 369 6668