General terms and conditions of use of holipay services
Art. 1 - SUBJECT
These general conditions govern the use of the holipay service, the management of administrative and operational activities (including the payment methods).
Art. 2 – DEFINITIONS
We define for simplicity:
Client the natural person who uses the installment payment service with Holipay.
Accommodation are the companies that access the holipay services by signing a membership contract.
Payment cards as a whole, all credit, debit and prepaid cards used on the holipay platform are defined.
Payment institution is established by Stripe as a financial partner of holipay. He is in charge of managing the financial transactions between the hotel and the client.
Art. 3 – HOW TO REGISTER FOR THE SERVICE THROUGH THE HOLIPAY SITE
The customer, to access the holipay services, does not have to register.
Art. 4 – MAIN FEATURES OF THE HOLIPAY SERVICE
Holipay is a service provided by Holipay srl (hereinafter holipay) through an IT platform connected to Stripe Payments UK Ltd. (hereinafter Stripe), a leading electronic money institution authorized by a European central bank, adhering to the European Directive on payment services which authorizes its operation in Italy.
Holipay srl is a company that develops IT solutions and technological infrastructures also connected with the world of national and international trade development, or rather with the payment system, aimed at allowing merchants to accept payments from customers by means of payment cards.
Holipay srl has developed the holipay platform for managing digital payments. This allows you to accept payment for a good or service by deferred payment with payment cards, debit cards, prepaid cards (at your discretion).
The customer who takes advantage of the extension authorizes the charge on his credit or debit or prepaid card, as proposed by the holipay software with a pre-established number of installments (from 2 to 10) of equal amount. The first installment is due on the day of the booking, the following ones on the first day of the month and the last one on the first day of the month of completion of the stay (check out). Access to the service occurs without registration. By activating payment with holipay, the customer agrees to pay the first and subsequent installments as specified above.
Stripe manages and regulates the payment flow for holipay services. Holipay plays a passive role in managing the payment services offered by Stripe.
Holipay has no power over Stripe, is not responsible for its work, and is not involved in its activities. If Stripe, for any reason, does not proceed with the execution of the payment, or suspends the provision of the related services, holipay will not be able to guarantee the provision of the service without this involving the arising of liability of Holipay srl towards the customer or the 'hotel.
The customer undertakes to provide Stripe with the data of credit or debit cards in his name and in his availability, recognizing himself as solely responsible for the use of the card in his possession and duly issued by an authorized bank or financial institution according to current regulations and to hold holipay and Stripe harmless from any consequences deriving from an improper use of the card or current account. The sensitive data of the cards or current accounts used by users are stored by Atos (the number one player in Europe in Cybersecurity) in a secure manner according to the PCI-DSS standard. Furthermore, holipay uses the SCA (Strong Customer Authentication) security system.
The customer has the obligation to provide truthful and correct information and not to engage in fraudulent conduct to the detriment of knowing or unknowing third parties.
The customer undertakes to use the services from devices and technological supports owned or in his possession and through which he is solely responsible for the information including credit or debit card data. The customer is aware of any commitment made towards third parties (eg the Issuer) of the obligation to adequately store the data of his payment card and any communication of information to third parties takes place under his sole responsibility.
The customer expressly acknowledges that holipay is unrelated to any commercial relationship existing between the hotel and its customers in the context of operations for the purchase of goods or services sold by the same hotel. It follows that the hotel is solely responsible towards the customer for the quality of the goods and/or services sold and no dispute of a commercial or legal nature can involve holipay which is responsible for the maintenance of the site www.holipay.com.
Holipay does not guarantee the hotel the payment of the installments by the customer. Holipay is not a financial institution. The risk of insolvency on the part of the customer is borne by the hotel.
Art. 5 – FEES AND CALCULATION OF SERVICE COSTS
The price of the services is charged to the hotel. The end customer has no operating costs or commissions.
Art. 6 – REFERENCES AND RIGHT OF WITHDRAWAL
The customer cannot withdraw from the authorized payment. For any complaint or report of abuse he may have suffered from the improper use of the service to his detriment, he must promptly notify Holipay srl by writing to the email email@example.com with indication of his contact details and the data in his possession of the hotel. Holipay srl will quickly verify the regularity or otherwise of the operation carried out and will report the results of the verification to the final customer.
For other services unrelated to holipay in which the customer has access, it is under his responsibility to accept or not the commercial offers that the hotels will present. In any case, for any complaint or report of abuse he may have suffered due to the improper use of the service to his detriment, he must promptly notify Holipay srl by writing to the email firstname.lastname@example.org with indication of his contact details and the data in his possession of the hotel .
Art 7 – DURATION AND VALIDITY OF THE OFFER
The deferred payment service ends with the payment of the last contractual installment. The customer is required to pay the debt promptly even if his bank blocks or suspends the credit card. In this case he will contact the hotel or Holipay srl without hesitation to establish subsequent payments.
For the other services, these are exhausted at the time of purchase without prejudice to the terms of reimbursement or complaint established by law in favor of final consumers.
Art. 8 – EXEMPTION OF LIABILITY
In no case will Holipay srl be liable for the following types of damages deriving from:
improper/fraudulent use of the codes by the owner or third parties,
delays or malfunctions in the provision of services dependent on events beyond the reasonable control of Holipay srl, such as, by way of example, force majeure events, events dependent on third parties such as, by way of example, the interruption or malfunction of the services of telecommunications operators and/or power lines and/or other public utility services, malfunction of smartphones or other communication systems used by the Customer to access the website www.holipay.com.
The customer is aware that any refunds and repetitions of sums due to incorrect charges or arising following disputes for the goods and/or services purchased from the hotel are the responsibility of the hotel, which deals with them with its own means and instruments. Holipay srl is not responsible for the correct execution of the refund by the hotel and cannot be held responsible or held liable for this operation.
In case of interruption of the Services, Holipay srl undertakes to restore the services in the shortest possible time. Furthermore, the customer agrees and agrees that Holipay srl cannot in any case be held responsible for acts or omissions committed by the customer and in contrast with the obligations assumed by them pursuant to these General Conditions, just as it cannot be held responsible for malfunctions due to defects in the means essential for access, improper use of the same and/or the methods of access to the services by the holipay customer.
Art. 9 – PROCESSING OF PERSONAL DATA
Your personal data will be processed in compliance with art. 13 of Regulation (EU) 679/2016, as per the related information attached to these conditions.
Art. 10 – MODIFICATION OF GENERAL CONDITIONS
Holipay srl reserves the right to modify, at any time in whole or in part, these general conditions by publishing the new conditions on the website www.holipay.com, at least 15 days before the date foreseen for the application of the modifications. The changes will be considered accepted by the customer unless he notifies Holipay srl in writing, before the date set for the application of the changes, that he does not intend to accept them and instead intends to withdraw from the subscription to the holipay services.
Art. 11 – APPLICABLE LAW AND COMPETENT COURT
These conditions of use are subject to Italian law. For any dispute relating to the interpretation, execution and/or resolution of the same, the Court of Ravenna will have exclusive jurisdiction.
The use (even occasional) of the Service by the customer demonstrates the full and unconditional acceptance of the General Terms and Conditions of Use of the holipay Services and the Terms and Conditions of Use of the services offered by Stripe, available at the addresses https://www.stripe.com.
I declare that I have read and accept the General Conditions of Use of the holipay service.
© 2022 holipay is a registered trademark Holipay Srl – VAT number and Registration number at the Chamber of Commerce of Ravenna 16090851003 – Share capital €10.000,00 iv