Terms and Conditions

Terms and Conditions for the use of site

Fingerpools recommends to read carefully all the terms and conditions and to print a copy of them. Some areas of the site and some actions (like reservations and ads publications) will require the creation of an account and the acceptance of additional terms and conditions for integration of those present. 
Using Fingerpools (www.fingerpools.com) you certify that you have read the terms and conditions and that you approve them fully and specifically. The service is run by Fingerpools s.r.l., via A. Nini da Fano n.5, 24129 - Bergamo, Italy, VAT number: 04161360161, Legal Mail: [email protected], Email: [email protected]
Fingerpools is an internet services provider that operates in Italy and abroad, through its online platform it offers to who is the owner or manager of a pool (Host) the ability to freely publish an ad to make it available, and to those who want to use the pool (Guest) the chance to book the pool by making the payment. Fingerpools makes available a platform with related technology so that Hosts and Guests can meet online and deal the booking of the pools directly with each other.
The type of technology used is that of the "market place" where all processes occur without brokerage and entirely online through the technological platform owned by Fingerpools s.r.l..
Fingerpools is not agent, realtor, broker, insurer or other outside as expressly provided in these terms and conditions. Fingerpools does not possess, sell, supply, lease/rent properties and it is not properties holder or manager.
The use of Fingerpools is limited to persons who have reached the age of majority. By using the site, you declare you have reached the age of majority and you raise Fingerpools from any liability.
The user who uses the site on behalf of companies or other legal entity guarantees to have the powers necessary to bind the entity or entities to all terms and conditions of Fingerpools.

DEFINITION OF LIABILITIES

IMPORTANT: The User is made aware of and agrees that Fingerpools IS NOT RESPONSIBLE OR PART OF ANY AGREEMENT / RELATIONSHIP BETWEEN HOST (User who provides the pool) AND GUEST (User who will use, uses or has used the pool) AND HAS NO LIABILITY IN CONNECTION WITH OR REFERABLE TO THE RELATIONSHIP BETWEEN THEM. Therefore, Users agree that, in case of disputes between Host and Guest or between Users in general, Fingerpools will not be liable in any way. RESPONSIBILITIES OF Fingerpools ARE LIMITED ONLY TO THE MANAGEMENT OF PAYMENTS. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, THE USE OF THE SERVICES BOOKED THROUGH THE SITE AND THE INTERACTION WITH OTHER USERS ARE AT YOUR OWN RISK.
Any service provided or performed by Users must be the subject of advance arrangements and understandings reached by the same Users only through Fingerpools platform. Using Fingerpools, Users assume all liability arising directly or indirectly from the use of the site and the use of the services offered in the ads and they undertake to indemnify Fingerpools from any claim.
Fingerpools will in no way be held liable to the Host and / or Guest for any negative outcomes of using the pool. The responsibilities of Fingerpools are limited exclusively to the management of payments.
You understand and agree that, IN NO EVENT THE LIABILITY OF Fingerpools arising out of or relating to these terms and / or use of the Site and / or services offered in the ads (including, but not limited to, ads or the booking of any pool through the website) or use or inability to use the site, the services, the pool or the contents or in relation to any pool or interaction with any other User, WILL EXCEED THE AMOUNTS PAID OR DUE FOR THE RESERVATION OBJECT OF DISPUTE.
Using Fingerpools, the User assumes all liability arising out of or referable to the violation of any law, rule, regulation or tax liability related to the use of the site and / or use of the services described in the ads.

The User agrees not to: 
• violate or circumvent local, provincial or national laws or regulations;
• violate or circumvent ordinances; 
• violate or circumvent zoning restrictions; 
• violate or evade tax laws; 
• use software, devices, scripts robots, other means, manual or automated processes to access, run the "scrape," "crawl" or "spider" web pages or other services contained in the site; 
• use Fingerpools for commercial purposes or other purposes not expressly permitted in these terms or other terms of the site; 
• copy, store or access any information available on the site for purposes not expressly authorized by Fingerpools; 
• violate the rights of any person or entity, including rights of intellectual property, privacy, publicity and contract; 
• interfere with or damage the site; 
• use the site to transmit, distribute, disseminate, publish or forward information or data of any person or entity; 
• use the Site in connection with the distribution of unsolicited commercial email (spam); 
• committing offensive acts, stalking, harassment or threats against other Users; 
• collect and store personally identifiable information about other Users for purposes other than transaction as Host and Guest; 
• create more than one Fingerpools account or create accounts on behalf of others; 
• reserve pools unless you have genuine intention to use them; 
• use automated scripts to collect information from the site; 
• finalizing the booking of a pool whose announcement is published on the site without using Fingerpools; 
• advertising with misleading or false prices; 
• publish, upload, post or transmit any content that: (i) infringes, misappropriates or violates any industrial property right, moral rights, intellectual property rights, rights of publicity, right of privacy; (ii) violates, or encourages any conduct that would violate any law or regulation in force or which may give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, child pornographic, vulgar or offensive; (v) promotes discrimination, intolerance, racism, hatred, harassment or harm against any group or individual; (Vi) is violent or threatening, or promotes violence or actions which are threatening to other people; (Vii) promotes illegal or harmful activities or substances; 
• capture data or other content from the Site to create or compile, directly or indirectly, in single or multiple downloads, collections, compilations, database, directory or the like, both with manual methods or through the use of bots, crawlers, spiders or otherwise; 
• use, display, make accessible through mirroring practices or framing the website, or any single element within the site, the name Fingerpools, Fingerpools trademarks, logos, or other information, or the layout and design of any page or form contained on a page on the site without the express written consent of Fingerpools; 
• access, tamper with or use non-public areas of the site, computer systems Fingerpools, or technical delivery systems of Fingerpools suppliers; 
• attempt to probe, scan or test the vulnerability of any system or network of Fingerpools, or to breach any security or authentication measures;
• avoid, bypass, remove, disable, damage, reverse engineer or otherwise circumvent any technological measure implemented by Fingerpools, by any dealer of Fingerpools or by any third party (including another User) to protect the site; 
• falsify any packet header TCP / IP or any part of the header information in any email or newsgroup posting, or in any way use the site to send altered, misleading or false information identifying the source; 
• try to decipher, decode, decompile or uninstall any software used to provide the site; 
• use Fingerpools for illegal purposes; 
• provide contacts and / or addresses to other Users;
• defend, encourage or assist any third party to enforce any aforementioned activities. 
Fingerpools is not obliged to check the content of ads, their responsiveness to the truth, the conditions, the legality or suitability of pools and disclaims any liability in this regard. Fingerpools has no control over the conduct of Users or the swimming pools and disclaims any liability in this regard. Users act under their sole and complete responsibility. The effective and correct performance of the service offered by the Host and accepted by the Guest and the consequences that may result from the service or by the relationship between Host and Guest are not attributable in any way to Fingerpools.
Using Fingerpools, the User agrees and accepts that any legal remedy, or claim responsibility for acts or omissions of other Users or other third parties must be addressed to them.
Fingerpools will provide to Users every possible collaboration in order to help them to settle any dispute among them, but will not be held liable for any damages beyond those related to the management of payments.
The User agrees and accepts that Fingerpools is responsible exclusively for damages directly related to the management of payments.
User shall indemnify Fingerpools from any liability in the event that he does not achieve the desired result with the use of the Platform, as well as any damage resulting from the use of the site and / or the use of the services offered in the ads.

 

MANGOPAY 

Using Fingerpools, Users acting as Guest and/or Host fully accept the terms of use of Mangopay® (https://www.mangopay.com/terms/end-user-terms-and-conditions/Mangopay_Terms-EN.pdf). The General Conditions of Use of Mangopay® service and use of electronic money is an integral part of the terms and conditions for using Fingerpools.
These conditions are made available on the website www.mangopay.com and are accepted at the time of Fingerpools account creation. Mangopay® (www.mangopay.com/about-us/) is the online payment platform specialized in payment solutions financially sustainable for the sharing economy that Fingerpools uses for transactions between Host and Guest, and for the collection of Commissions of Service fees and Costs of Transaction.
Mangopay® is the only payment method that allows Fingerpools to maintain accessible prices for the experiences in the pool. Mangopay® is the programming interface made available to Fingerpools from Leetchi Corp. SA, a limited liability company under Luxembourg law, with capital of € 2.000.000,00 and registered office at 59 Boulevard Royal, L-2449, Luxembourg, registered in the register of commerce and companies of Luxembourg under number B173459, authorized to carry on business as an electronic money institution approved by the Commission of financial sector supervision, 110 route d'Arlon L-1150 Luxembourg, www.cssf.lu .
The payment process through Mangopay® platform protects both the Host, the Guest and Fingerpools, from fraudulent or incorrect behaviours.
Fingerpools agrees to manage payments exclusively through the payment platform Mangopay®, remaining therefore precluded the possibility of payment in cash, by check or by any other means and / or payment platform.

Fingerpools can only make payments in Countries supported by Mangopay® (https://mangopay.desk.com/customer/en/portal/articles/2299163-quels-sont-les-pays-depuis-lesquels-vous-pouvez-accepter- les-paiements-).

In the event that the User is located in Countries not present in the aforementioned list, Fingerpools will communicate to the User and will use a different payment method (if possible).

HOW IT WORKS 

In the ad publishable for free via his account, the Host provides the details and images of the pool that he offers, specifying the date and time regarding the availability, the amount of contribution requested per person (already inclusive of taxes, of the Commissions of Service and of the Costs of Transaction, if applicable), the type of Guest admitted and any other relevant information in relation to his ad.
In order for the ad to appear on the site, it is necessary that the pool is associated with a valid physical address. In phase of creation of his ad, the Host can indicate the requirements that the Guest will have to meet to be eligible to make a reservation.
After choosing the pool, the Guest enrols at the site (if he has not already done so), selects the number of participants, ancillary services, clicks on "BOOK" and preauthorizes the payment. In the next window he will see a summary of the booking to be confirmed. The Guest may, prior to booking, contact the Host and ask for information. These actions must take place exclusively through the messaging system in personal accounts.

The reservation is valid only after confirmation by the Host and the receipt of the confirmation email from Fingerpools.
The Host must confirm the reservation within 24 hours, after this period, the request will automatically lapse.
In case of events that will take place less than 24 hours from the booking request or in case of event already begun, the Guest should contact the Host via the internal messaging system of Fingerpools before booking to get the chance to know if the Host will confirm or not the booking in time to attend the event and to avoid unnecessary charges.
When the Host accepts the reservation, it is given immediate alert to the Guest. The booking is valid only after receiving the mail of Confirmation of Reservation by Fingerpools.

When a Guest makes a reservation before the start of the event, the Host shall not confirm the reservation once the event has begun or finished in order to avoid undue payments for a reservation that the Guest did not exploit.

When a Guest makes a reservation for an already begun event, the Host who wants to confirm it has to do it as soon as possible and, in any case, in time for the Guests to enjoy the pool.

COMMISSIONS OF SERVICE AND COSTS OF TRANSACTION

In consideration for its services, Fingerpools is entitled to Commissions of Service and Costs of Transactions, which are both deducted from the contribution requested by the Host (pool + extra services).
The Commissions of Service are made up of a percentage of 16% of the contribution requested from the Host (pool + extra services).
Users whose accounts are located in Countries of the EXTRASEPA area will be deducted additional € 2.50 on each transfer for Costs of Transactions (but they can decide when to withdraw their money in order to amortize that cost).

To Users of Countries not included in the list of Countries supported by Mangopay® (https://mangopay.desk.com/customer/en/portal/articles/2299163-quels-sont-les-pays-depuis-lesquels-vous-pouvez -accepter-les-paiements-) will be deducted the additional cost of the bank transfer for the Costs of Transactions (it is, therefore, advisable to make the withdrawal request to Fingerpools upon reaching a minimum credit of € 100.00. In any case, Fingerpools will not make the transfer if the same should have a cost higher than the credit accrued by the Host).

FURTHER FINANCIAL PROVISIONS

No amount of money will pass or will be filed on Fingerpools Platform, as only Mangopay® has all the necessary permits and authorizations to handle, collect and manage the deposits in relation to on-line payments. You understand that the bank account to which money is deposited waiting to be accredited is a non-interest bearing deposit and acknowledge that no interest will be paid in relation to the sums of money held in the bank account.
In order to minimize the attempts of fraud and prevent money laundering, the User is committed to provide, if Fingerpools, Mangopay®, the bank and in general any competent judicial or administrative authority makes such request, any information necessary to verify his identity, including any documents proving identity and place of residence.
In the absence of an immediate response to these requests, Fingerpools will have the right to unilaterally take any measure it deems appropriate, including the blocking of payments and / or suspension of the services.
It can not be made any payment to a Host in the event that his account has been not created in his name.

ROUNDINGS

Fingerpools may, in its sole discretion, round down or up the amounts to be paid by or to the Host/Guest to the nearest whole number taking into account the currency in which it is indicated (to the nearest dollar, the closest euro or other nearest currency); for example, Fingerpools can round off an amount of € 101.50 to € 102.00, and € 101.49 to € 101.00. Some currencies have a currency denomination expressed in large numbers. In such cases, Fingerpools may detect that the basic unit of the reference currency denomination is equal to 10, 100 or 1,000 units; not limited to those amounts, Fingerpools could round up 1,045 to 1,050 and in default 1,044 to 1,040.

ERRORS IN PAYMENT PROCESSING 

Fingerpools will adopt the necessary measures to correct any errors (of which it is aware) that occurred during the payment. Such steps may include credit or debit (as needed) on the payment method used for the original payment or on a payment method identified by mutual agreement between Fingerpools and the User.

CURRENCY

Fingerpools provides, for the moment, Euro (€) as only currency.
Any costs relating to the conversion of currencies shall be borne by the User.
Fingerpools is not responsible for any additional costs charged to Users by their bank for currency conversions.

ACCOUNT

Fingerpools offers its Users an online platform through which Users who have completed the registration process can run ads in order to provide their own swimming pool or complete the booking of a pool.
Once registered at the site, Fingerpools will create an account with a dedicated profile page on the basis of personal data will be requested (name, surname, age, title, telephone number, social security number, address, email, etc.). Users must also provide proof of identity (to which other Users will not have access).
Fingerpools does not verify or endorse any User or any pool and is not responsible for any false statements or false documents provided by the Users. Any reference to the fact that a User is "verified" or "connected" (or similar information) only indicates that the User has completed the relevant verification process (if any), and does not prove anything. That information does not constitute a certification or a guarantee by Fingerpools about any User, about his identity and that he is reliable, safe or suitable. The User making the registration procedure is obligated to provide current, accurate, complete and true information and documents and to keep them current. Fingerpools assumes no responsibility in this regard. The User undertakes not to create or use other accounts than the one initially created, regardless of whether it was registered under his own identity or below that of third parties. The User is responsible for protecting his password and credentials and has the obligation not to disclose it to any third party. Users are responsible for any activity or action - authorized or not - connected or traced to their account.
Users can access Fingerpools by logging in via certain social networking sites (third party, "SNS" account, such as Facebook). Users represent that they have the right to disclose their access data to the account of a third party to Fingerpools and / or allow Fingerpools to access to their third-party account without violating any of the terms and conditions governing the use of third party tools and without requiring Fingerpools to pay any fees, or making Fingerpools subject to any usage limit imposed by that provider of third party services. Allowing access to any third party account, the User understands that Fingerpools will access, make available and will file (if applicable) any content provided and stored in his own third-party accounts ("SNS Content") so that it is available through his Fingerpools account. Unless otherwise specified in these Terms and Conditions, all SNS contents, if any, will be considered content of the User in accordance with these terms and conditions. Depending on the account of third party selected by the User, and subject to the settings on the selected privacy options in such third-party account, personally identifiable information posted on these accounts will be available on and through the Fingerpools account. If a third-party account or an associated service were to become unavailable or access by Fingerpools to such third-party accounts should be denied by the third party service provider, the SNS Content will no longer be available.
The User has the option to disable the connection between his Fingerpools account and accounts of third party by contacting Fingerpools.
Fingerpools is not liable for any SNS content.
Fingerpools, at its sole discretion, has the right to suspend or cancel an account and the related profile page if deemed it harmful in any way, as well as if the User had more than one active Fingerpools account, in case the User has provided inaccurate, not current, incomplete or false information or documents, and when he violates the conditions of this agreement.
Fingerpools may access, preserve and communicate the User’s information if required to do so by law, if it believes in good faith that it is reasonably necessary to respond to complaints brought against Fingerpools or to comply with procedural orders, to implement and manage the agreements with the Users, for the purposes of fraud prevention, risk assessment, investigation, customer support, product development and de-bugging, and to protect the rights, property or safety of Fingerpools and its Users.
User understands that Fingerpools has no obligation to monitor his access to or use of the site, or to analyse or modify any content of Users and agrees to such actions by Fingerpools in order to manage and improve the service, to ensure compliance with these terms, to comply with applicable law or a resolution of a court, administrative agency or other governmental body, to respond to content it deems objectionable or as provided in these terms. Fingerpools reserves the right, at any time and without notice, to remove or disable access to content that, in its sole discretion, considers questionable for any reason, in violation of these terms or otherwise harmful to the site. Fingerpools, in its sole discretion and without liability to the User, with or without cause, with or without notice, at any time, may restrict, suspend, cancel or annul Fingerpools account. In this case, one or all of the following event can occur with or without notice or motivation to the User: (a) the Fingerpools accounts may be deactivated or suspended, the password will be disabled, and the User will be prevented from accessing to the site, the Fingerpools account and contents, (b) any reservation to be accepted or accepted will be terminated immediately, (c) Fingerpools will communicate to Host or Guest that a potential or confirmed reservation was cancelled, (d) Fingerpools may redeem the Guest (on the same terms in the event that the Host cancels the reservation) for any possible existing booking; (e) the User whose account is limited, suspended, deactivated or cancelled will not be entitled to any compensation for reservations (although confirmed) that have been cancelled as a result of the suspension, deactivation or closure of its Fingerpools account.
The User has the right to cancel his account at any time by using the apposite button in his reserved area or by contacting Fingerpools at [email protected] via email with the subject "cancel account" or by clicking "Deactivate account". Please note that, in the event that the Fingerpools account is cancelled, Fingerpools has no obligation to remove or return any User content posted on the site, including reviews and feedback.
You may not close your Fingerpools account independently and until all the bookings related to such account are properly completed or cancelled within the terms set out in the cancellations management section. If, however, there are no confirmed bookings, the User may close his account in the manners described above.
The closure will not result in the loss of matured fees or fees Fingerpools has not paid yet.

By posting any content (including feedback) on or through the site, you grant to Fingerpools a valid license, worldwide, irrevocable, perpetual, non-exclusive, transferable, free, along with the right to sublicense, to use, display, copy, adapt, modify, distribute, license, sell, transfer, publicly display, transmit, broadcast, access, view, and otherwise exploit such content on, through, or to promote the site.
User acknowledges and agrees that he is solely responsible for all content made available through the site. The User warrants: (i) to be the sole and exclusive owner of all the contents he makes available through the site or to have all rights, licenses, permits and clearances necessary to grant the rights to that content to Fingerpools in accordance with these terms; (ii) that neither the content nor the fact to publish, upload, post, forward or transmit contents, or the use of content by Fingerpools (or any part thereof), through or by means of the site will violate, subtract or transgress the rights of any third party patent, copyright, trademark, trade / trade secret, moral rights or other rights of ownership or intellectual property, or rights of publicity or privacy, or constitute a breach of any law, contract or regulation.
Under the conditions set out in these terms, Fingerpools allows the User a limited, non-exclusive and non-transferable license for viewing any content to which he has access, exclusively for personal and non-commercial purposes.
The User has no right to sell and / or provide sub-license the rights granted in this section.
User will not use, copy, adapt, modify, prepare derivative works, distribute, license, sell, transfer, publicly display, transmit, disseminate or otherwise exploit the site except as expressly permitted in these terms.

FEEDBACK

Fingerpools encourages the release of feedback in order to create confidence in and among Users, but disclaims any responsibility in this regard. Users are solely responsible for feedbacks they release. Users undertake not to release feedback which are false, offensive, abusive or in breach of the law or of this terms.

PROPERTY RIGHTS

According to Law 22 April 1941 n. 633 and subsequent amendments and additions, Fingerpools s.r.l. is owner, creator and author of the site, the technological platform, the brand and the logo "Fingerpools" (it is registered, not registered or pending in any Country of the world), and all rights, including economic rights, are reserved.
The website, the brand, applications for mobile devices under the name "Fingerpools", the related operating platform, its software and computer architecture, all databases relating to all Users, codes, methods, algorithms, representing instructions for technical improvements, creative or organizational, updates, release and any and all applications and functionality related to the above website and applications, result or innovation, are used or developed by Fingerpools - or by a third party appointed by Fingerpools - for the coordination and interaction of said website and mobile application, or for the creation, activation, on-line management of the accounts and / or for the provision of services to Users are property of Fingerpools s.r.l.. Particularly it is recognized to Fingerpools full ownership of the software, know-how, programs (applications and operating) computer, codes, adaptations, modifications and customizations of the indications, instructions and documents, expressed in any form, installed or to be installed, including those relating to and / or developed in connection to the aforementioned website and applications for mobile devices and their business models.
Trademarks, domain names and distinctive marks relating to the name "Fingerpools" are exclusive property of Fingerpools s.r.l. and must not be used without prior written permission of Fingerpools.
Any reproduction, duplication, copy, sell, resell or exploit for any commercial purposes is forbidden without the express consent of Fingerpools. It is also forbidden to extract the contents or to use parts of the site content without written permission of Fingerpools. In particular, it is strictly forbidden the use of data mining, robots, data gathering techniques and data extraction systems for any reuse.

OBLIGATION OF CONFIDENTIALITY

User agrees to keep secret and not to disclose directly or indirectly to third parties without the prior written consent of Fingerpools, any information, news or data, including those relating to the Guest or the Host and those of technical, commercial or industrial nature, patents and/or know-how, related to the activity carried out by Fingerpools of which he becomes aware in connection with the conclusion and execution of this terms and that are not already public.

INTERRUPTION/SUSPENSION OF THE SITE AND/OR OF THE SERVICE 

User acknowledges and agrees that Fingerpools can - at any time, for any reason and without prior notification - suspend the service, a part of it, or the access to the site by the User. User acknowledges and agrees that the use of the platform is within the so-called type "Saas" (Software as a Service), provided as is (AS IS), without any expressed or implied warranty of operation, and he exempts Fingerpools from any liability in case of failure or data loss, caused by problems in the use of the platform.

CANCELLATIONS MANAGEMENT

Fingerpools provides its Users a service of management of cancellations of bookings. 
User acknowledges and agrees that Fingerpools is not required to any kind of compensation, damages or liability, further than expressly provided by the terms governing relations between Fingerpools and its Users.

The cancellation management service can be provided only when Commissions of Services and Costs of Transactions (when applicable) are paid, except as expressly provided.
Users accept the conditions relating to the reimbursement of any payment to the Guest and / or any compensation from the Host (whether in whole or in part) if the booking is cancelled after the confirmation of the reservation according to the following provisions.

Cancellation by the Host

  • If the cause of the cancellation of a confirmed reservation or of the interruption of the enjoyment of the pool is to be charged to Host’s decisions, he is not entitled to receive the contribution for the pool and the Guest is entitled to a full refund, deducted of the fixed expenses due to Mangopay® (from 1,8% + € 0,18 to 2,5% + € 0,25) and Costs of Transaction, when applicable.

Cancellation by the Guest

  • If the Guest cancels a confirmed reservation more than 24 hours before the start of the event, he is entitled to a full refund of the amount paid, deducted (if applicable) of the fixed costs due to Mangopay® (from 1,8% + € 0,18 to 2,5% + € 0,25) and of the Costs of Transaction (when applicable) and the Host will not receive any compensation.
    • If the Guest cancels a confirmed reservation less than 24 hours before the start of the event, if he doesn't show up or interrupts in advance the enjoyment of the pool, he will not be entitled to any refund and the Host will receive the price required for the pool deducted of Commissions of Service and Costs of Transaction (if applicable), as if the Guest had actually used the pool.


Applicability of fixed costs due to Mangopay® (from 1.8% + € 0.18 to 2.5% + € 0.25):

  • Swimming pool booked within 3 days from the date of the reservation (eg: booked date June 10th, date of the reservation June 7th): fixed costs due from acceptance of the booking.
  • Swimming pool booked more than 3 days after the reservation date (eg: booked date June 10th, date of the reservation June 6th): fixed costs due from the fourth day after booking confirmation.


Any seat that becomes free after a cancellation by a Guest in the circumstances listed above, is automatically made available to be booked by other Guests through the site and it is subject to the same conditions.

ADVERSE WEATHER, WEATHER IMPACTS AND NATURAL DISASTERS

Fingerpools is not responsible for cancellations of reservations or interruptions of the enjoyment of the pool due to the events mentioned above and for which there will be no refunds: it is responsibility of the Users to adjust according to weather forecasts and, if they wish, to cancel the reservation. Conditions set out in section Cancellations Management remain applicable.

CHANGES TO THE TERMS AND CONDITIONS OF USE OF THE SITE AND TO THE ADDITIONAL TERMS AND CONDITIONS 

Fingerpools has the right to modify at any time these terms and conditions, the additional terms and conditions for the Host and for the Guest, the features offered on the site and/or the operation rules of the service.
Fingerpools publishes the changes in the apposite section, by reporting it on the home page and/or by sending a notice to the registered Users at the provided email address. 
Changes will be applied immediately after the online publication of the new terms and conditions that each User is required to consult and approve before each new offering and/or reservation.
Users who do not agree to the changes will have to eliminate their Fingerpools account. Otherwise, the modifications will be considered as accepted once elapsed seven days from the publication/communication of the changes.
Changes will not apply to bookings/transactions already underway. 
Fingerpools also reserves the right to offer new services, for free or paying, through the site. 

DISABILITY / FAILURE OF THE TERMS AND CONDITIONS, EVEN ADDITIONAL

If any part of these Terms and Conditions, even additional, is declared invalid or unenforceable under applicable law, then the invalid or unenforceable part will be deemed superseded by a valid and enforceable clause which appears to be conform to the will of the parties as expressed in the original clause, and the remaining provisions stay valid.

DISPUTE RESOLUTION and INTERPRETATION OF THE TERMS AND CONDITIONS, EVEN ADDITIONAL

These terms and conditions, as well as additional ones for the Host and the Guest, will be interpreted in accordance with Italian laws, regardless of any provision relating to conflict of laws. In case of conflict between the terms and conditions (even additional) in Italian language and the terms and conditions that were translated into a different language, the terms and conditions (even additional) in Italian language will prevail. Users and Fingerpools agree to devolve the resolution of any dispute to the Court of Bergamo (Italy).

ADDITIONAL TERMS AND CONDITIONS FOR THE HOST

These additional terms and conditions for the Host constitute an integration to the TERMS AND CONDITIONS FOR USING THE SITE. 
Using Fingerpools as a Host, the User fully and also specifically agree to these additional terms and conditions and undertakes to inform with due diligence on possible bans (also from contracts with third parties), and on the rules of whatever nature (civil, tax, administrative, etc.) in force in the place where the pool is located in relation to the service that he wants to offer; he agrees not to violate any of these rules and to keep Fingerpools harmless from any claims arising or linked with such violations. Fingerpools can not be held liable in any way in the event of contravention of the rules by a User.
By choosing to place ads on Fingerpools, User acknowledges and agrees that his relationship with Fingerpools is limited to being third party and independent: the Host does not qualify as a dependent of Fingerpools and acknowledges and agrees to act solely in its own name.
The Host acknowledges and agrees that the placement or ranking of the ads in the search results depends on a variety of factors including, but not limited to, the Guest preferences, the location, the feedbacks or ratings.
By means of this document and proceeding as Host, the User gives Fingerpools commission to receive payment for the pool and extra services by the Guest and to transfer it to the Host when the right circumstances occur in compliance with all the terms and conditions governing the use of Fingerpools.
In accepting the position, Fingerpools assumes no liability arising from actions or omissions of Host and/or Guest.
The obligation of Fingerpools to pay the contribution to the Host is subject to the effective payment by the Guest. 
The User declares under his responsibility: 
• that all terms and conditions have been made knowable and that he has read and fully understood these additional terms and the terms and conditions for using the site and that he accepts them all. 
• That he has legitimate title to the pool and that he lifts Fingerpools from any liability in this regard. 
• To be an adult. 
• Not to violate any law that applies in relation to the service that he intends to offer. 
• To have fulfilled his insurance, tax and/or regulatory obligations applicable to the service that he wants to provide and published on Fingerpools in accordance with the laws applicable in the State in which the pool is located. 
• To indemnify Fingerpools from any liability, claims of damages, penalties, fines, from any sanction and/or payment request advanced by Users or third parties, or as a result of damages that occurred to the pool, to property or persons. 
• To indemnify Fingerpools from any liability and all claims raised by other Users or third parties regarding the services offered by the Host. 
• To indemnify Fingerpools from any cost, loss, damage or claim in relation to any damage caused to the Guest or to third parties as a result of a fault or negligence attributable to the Host or its breach of what is proposed in the ads.

DEFINITION OF LIABILITIES

Fingerpools strongly encouraged Hosts to sign an insurance policy to cover any damage caused to/by Guests.
The Host assumes (and agrees to indemnify Fingerpools from) any liability arising directly or indirectly from / due to / caused by:

  • Failure to comply with any rules in force in the place where the pool is located directly or indirectly applicable to the pools (for example: construction standards, security, maintenance, tax, hygiene, use by third parties, etc.).
    • Any damage resulting from or attributable to the relationship between Host and Guest.
  • Ads. 
    • Violation of agreements with third parties. 
    • Exploitation of the services listed in the ads. 
    • Violation of tax / tax obligations. 
    • Failure to adopt appropriate measures to avoid damage to the Users of the pool.
    • Dangerous, inappropriate or even potentially harmful to people and / or things behaviours.
    • Discrepancies between what is proposed in the ads and what is actually offered. 
    • Poor, insufficient, inaccurate pool maintenance.
    • Conditions of the pool.
    • Damage, theft or disappearance of goods in the pool, in its proximity, or in the inside of the structure or of its appurtenances.
    • Any other responsibility that is not directly attributable to the management of payments by Fingerpools.

    The Host is the sole responsible for the satisfaction of quality standards, for the swimming pool, access, accuracy of the description (photos and content), security, cleanliness and the absence of problems for the Guest and must be available in order to resolve, in good faith, any problems encountered by the Guest.

The Host can ask the Guest for an identity document.

If a Guest complains and provides indisputable proof of damage, the Host undertakes to indemnify such damages without demanding anything from Fingerpools. If there are many problems associated with the ads or services provided by the Host, Fingerpools - at its sole discretion - can take measures such as, but not limited to: negatively affect the ad placement, automatic reviews that indicate the problems, cancel future bookings, suspend or remove the ad and/or the account.

MINIMUM PRICES 

The minimum price per person can't be less than € 4.00.
The minimum price for additional services can't be less than € 1.00.
It is expressly forbidden to offer additional services with fee through Fingerpools' messaging system, feedbacks and / or the following sections:
- Describe yourself (profile)
- Title Ad (pool)
- Description (pool)
- Pool rules
- Useful Information (pool)

PAYMENTS 

Within 48 hours after the agreed date for the pool sharing, accessing through his account, the Guest must confirm to Fingerpools that he actually shared the pool that he had booked by releasing his feedback in the appropriate section. After this period of time in the absence of confirmation by the Guest, it will feel that he has tacitly confirmed the use of the pool and that he has authorized the payment.
As consideration for the use of the platform, Fingerpools retains the Commissions of Service and the Costs of Transaction (if applicable). Once the Guest has explicitly or tacitly given his consent to the payment, Fingerpools will credit the Host the requested contribution deducted of Commissions of Service and Costs of Transaction (if applicable).

The payment initiated by Fingerpools towards the Host will be in electronic money: for crediting the corresponding cash in his bank account 
• The Host of SEPA area just have to wait for Fingerpools to credit the sums;

  • The Host of EXTRASEPA area must make a withdrawal request using the button available in his Fingerpools account and the sum will be paid into the bank account indicated by the Host; 
    The Host located in Countries not present in the list of the Countries supported by Mangopay® (https://mangopay.desk.com/customer/en/portal/articles/2299163-quels-sont-les-pays-depuis-lesquels-vous-pouvez-accepter- les-paiements-) will be paid according to the modalities and at the costs previously communicated by Fingerpools (if possible).

If the Host does not provide the details of his bank account and a valid ID document no amount can be credited. The coordinates of the bank account communicated by the Host are stored in the dedicated section of his account and cannot be viewed by any other User.
Fingerpools agrees to pay the due amount solely through the payment platform Mangopay®, remaining therefore precluded the possibility of payment in cash, by check or by any other means of payment.

Fingerpools can only make payments in Countries supported by Mangopay® (https://mangopay.desk.com/customer/en/portal/articles/2299163-quels-sont-les-pays-depuis-lesquels-vous-pouvez-accepter- les-paiements-).

In the event that the User is located in countries not present in the aforementioned list, Fingerpools will communicate to the User and will use a different payment method (if possible).

Fingerpools is not responsible for any additional fees charged to the Host by his bank or other third parties for the transactions. The obligation of Fingerpools to pay the Host the required contributions deducted of the Commissions of Service and of Costs of Transaction (if applicable) are subject to the effective payment by the Guest.
The Host cannot hold Fingerpools responsible for any losses in the event that, for any reason, the payment by the Guest is not successful and, consequently, no payment is made to the Host. This could occur if the payment is not authorized for lack of funds, in the event of fraudulent use of the Guest Card, in cases where the company that issued the card or the bank of the Guest does not have the payment correctly processed, or if Fingerpools was unable to complete the bank transfer for technical reasons beyond its control. In such circumstances, if required, the Host is committed to giving back to Fingerpools any paid amount in relation to the reservation object of non-payment. The Host accepts that the payment made by the Guest to Fingerpools will be treated as a payment directly made to the Host. The Host accepts that Fingerpools may, in accordance with the cancellation policy, (i) allowing the Guest to cancel the reservation and (ii) reimburse the Guest the price paid as defined in the applicable cancellation policy.

TIMES OF ACCEPTANCE OF RESERVATION

The reservation is valid only after confirmation by the Host and the receipt of the confirmation email from Fingerpools.
The Host must confirm the reservation within 24 hours, after this period, the request will automatically lapse.

When a Guest makes a reservation before the start of the event, the Host shall not confirm the reservation once the event has begun or finished in order to avoid undue payments for a reservation that the Guest did not exploit.

When a Guest makes a reservation for an already begun event, the Host who wants to confirm it has to do it as soon as possible and, in any case, in time for the Guests to enjoy the pool.

TAXES, FEES, CHARGES/TAX OBLIGATIONS

The Host is personally and exclusively responsible for any tax/tax compliance applicable to earnings achieved by providing the pool on Fingerpools. The Host is solely responsible for the determination and inclusion of applicable taxes in the required contribution, as well as the payment of the same to the competent authority.
About that, Fingerpools recommends to contact your referring practitioner, in order to identify the applicable taxes.

GUIDELINES FOR HOST

Using Fingerpools as a Host, User agrees to comply with the following guidelines of conduct for Host (which in any case do not exempt from compliance with current regulations) and to assume any liability arising from failure, even partial, of the same. 
• The pool must meet the requirements of the hygiene rules and all other applicable regulations (construction, maintenance, etc.).
• The environment in general needs to be clean, safe and welcoming.
• If there are people in the pool who are not in Fingerpools (friends, family, clients, etc.) the Host shall reserve adequate space for the Guest of Fingerpools in order to give them a relaxing experience.
• The pool must not be busy and, in any case, the number of people permitted in the pool must not exceed the maximum permitted by the regulations in force in the place in which is located the pool. 
• Schedules proposed in the ad must be respected. 
• Toilets must be available.
• All appropriate measures to prevent hazards and/or damage have to be taken.
• The lack of safe swimming service/lifeguard must be notified. 
• Set the rules for use of the pool by the Guest. 
• A first aid kit should be present and available. 
• Do not allow access to the pool to minors unless accompanied by a parent or a guardian who assumes its responsibilities. 
• Do not allow access to the pool to incapable and/or disabled unless accompanied by a guardian who assumes its responsibilities. 
• Do not allow access to intoxicated and/or under the influence of drugs subjects.
(These guidelines may be implemented and/or changed at any time in accordance with the terms and conditions for use of the site).

BAD CONDUCT REPORT

If the Host is giving hospitality to someone who is acting or has acted inappropriately, puts or have put in place harassing, abusive or violent behaviours, stole or committed other crimes, he shall immediately report it to the competent authorities and to Fingerpools ([email protected]) and leave a feedback in the appropriate section.

ADDITIONAL TERMS AND CONDITIONS FOR THE GUEST

These additional terms and conditions for the Guest constitute an integration to the TERMS AND CONDITIONS FOR USING THE SITE.
Using Fingerpools as a Guest, the User fully and also specifically agrees to these terms and conditions and declares under its responsibility:
• To have been made aware of these terms and the terms and conditions for using the site, to have read them carefully and to accept them all. 
• To be an adult.
• To indemnify Fingerpools from any source of liability, claim, fine, payment required by other Users or third parties, or as a result of damages occurred to persons or property.

Hereby the User/Guest authorizes Fingerpools to the collection of amounts by direct debit on the payment device provided within the process of the inquiry/registration directly or through third parties providing online payment processing services.
The Guest understands and agrees that Fingerpools is not responsible for any fees charged by his bank concerning the levying of the reservation.
The Guest agrees that Fingerpools reserves the right, in its sole discretion, to (i) obtain a pre-authorization for the total price, or (ii) charge a nominal amount, not exceeding one euro (€ 1), in order to verify the payment method.

DEFINITION OF LIABILITIES

The Guest assumes (and agrees to indemnify Fingerpools from) any liability arising directly or indirectly from / due to / caused by:
• Failure to comply with any rules in force in the place where the pool is located directly or indirectly applicable to the pools (for example: construction standards, security, maintenance, tax, hygiene, for use by third parties, etc. ).
• Any damage resulting from or attributable to the relationship between Host and Guest.
• Ads.
• Exploitation of the services listed in the ads.
• Failure or lack of appropriate measures to avoid damage to the Users of the pool. 
• Dangerous, inappropriate or even potentially harmful to people and/or things behaviours. 
• Discrepancies between what is proposed in the ads and what is actually offered. 
• Poor, insufficient, inaccurate pool maintenance. 
• Conditions of the pool. 
• Damage, theft or disappearance of goods in the pool, in proximity of it or inside properties. 
• Damage caused by/to the Host. 
• Any other responsibility that is not directly attributable to the management of payments by Fingerpools. 

The Guest is obliged to make payment of the reservation through Fingerpools.

If Fingerpools requests it, the Guest must provide a valid identity document.

The Guest understands and agrees that, when booking a pool, concludes an agreement with the Host, whose obligations and responsibilities fall upon himself and the Host and not on Fingerpools.
The Guest accepts any of the terms, conditions, rules or restrictions imposed by the Host.
If the Host requests it, the Guest must provide a valid identity document.

Since the relations of courtesy, the Host can not be regarded as exercising the activity of public swimming activities: so the Guest can not claim the performance of the services provided by a public swimming pool and accepts the possible lack of rescue personnel and/or other services required in public swimming pools, raising Fingerpools from any liability in this regard.
The Guest is responsible to leave the pool and its appurtenances in the conditions in which he found them on his arrival.
The Guest must leave the pool no later than the time specified by the Host in the ad.
The Guest is solely responsible for his own actions or omissions, as well as of those of everyone he invites, brings or allows the access.

Access to the pool is not permitted to minors unless accompanied by a parent or guardian who assumes its responsibilities.
If a Host complains and provides indisputable proof of damage, the Guest undertakes to indemnify such damages without demanding anything from Fingerpools.
The Guest undertakes to use the pool in accordance with the rules of good manners and common sense.
Fingerpools does not verify or endorse any Host nor any pool: any reference to the fact that a User is "verified" (or similar information) only indicates that the User has completed the verification process (if any) and it is not a guarantee by Fingerpools about the adequacy, reliability, trustworthiness and safety of the User and/or of the pool. Any legal remedy or liability for the acts or omissions of other Users or other third parties must be addressed to them.
Once the Guest has paid the total price to Fingerpools, his payment obligation is extinguished and Fingerpools will be responsible for payment of the due amount to the Host.

NON-APPLICATION OF THE CODE OF CONSUMPTION

The Guest acknowledges and agrees that the right of recess of consumers in respect of contracts concluded at a distance, referred to in Legislative Decree 6 September 2005, n. 206, as amended (the Consumer Code), is not applicable to the services on leisure if the contract provides for a specific date or period of performance as in the case of confirmed reservations.
In view of the above, the right of recess pursuant to the Consumer Code will not apply to bookings.

GUIDELINES FOR GUEST

Acting as a Guest, User agrees to comply with the following guidelines of conduct for the Guest and to assume any liability arising from failure, even partial, of the same.
• Follow the Host's rules for the use of the pool. 
• Behave with education and common sense.
• Do not remain in the pool after the time established in the ad. 
• Do not keep dangerous, inappropriate or even potentially harmful to people, animals and/or property behaviours. 
• Take a shower before entering the pool. 
• Do not spit. 
• Do not release into the pool body fluids. 
• Keep the water and/or the surrounding environment clean. 
• Do not leave any rubbish. 
• Do not damage the pool and/or its appurtenances.
• Do not cause damage to the Host's property.
• Do not leave minors alone in the pool. 
• Do not use the swimming pool if minors unaccompanied by a parent or a guardian who assumes its responsibilities. 
• Do not leave incapable and/or disabled persons alone in the pools. 
• Supervise children. 
• Use slippers. 
• Do not use the swimming pool if you have significant excoriations. 
• Do not perform bodily needs in water or outside of the appropriate places.  
• Keep the pool clean from drinks and/or food. 
• Comply with the rules of civil coexistence.
• Do not show up in a drunken state and/or under the influence of drugs.
(These guidelines may be implemented and/or changed at any time in accordance with the terms and conditions for the use of the site). 

CLAIMS AND REFUNDS

In case of dissatisfaction due to any reason, the Guest will have to interrupt the enjoyment of the pool and to immediately inform Fingerpools and motivate (with photos/videos, and anything else is useful to the purpose) via email at [email protected] and, if appropriate, Fingerpools may order reimbursement under the conditions laid down in the event of cancellation by the Host.
If the Guest complaints when the event is over, he will not be entitled to any reimbursement. Fingerpools invites him anyway to release a feedback about his experience.

GUEST FROM COUNTRIES NOT SUPPORTED BY MANGOPAY®

In the event that the Guest was from a Country not included in the list of Countries supported by

Mangopay® (https://mangopay.desk.com/customer/en/portal/articles/2299163-quels-sont-les-pays-depuis-lesquels-vous-pouvez-accepter-les-paiements-) the price of the reservation may be subject to surcharges due to payment circuit costs or it may not be possible to make the reservation.

BAD CONDUCT REPORT

If the Guest is hosted by someone who is acting or has acted inappropriately, puts or have put in place harassing, abusive or violent behaviours, stole or committed other crimes, he shall immediately report it to the competent authorities and to Fingerpools ([email protected]) and leave feedback in the appropriate section.

GENERAL CONDITIONS OF CONTRACT, MODULES AND FORMS

Pursuant to articles 1341 and 1342 of the Italian Civil Code, the User declares that he has read and understood the following clauses and to approve them specifically.

  • DEFINITION OF LIABILITIES 
  • FURTHER FINANCIAL PROVISIONS
  • OBLIGATION OF CONFIDENTIALITY
  • INTERRUPTION/SUSPENSION OF THE SITE AND/OR OF THE SERVICE 
  • CANCELLATIONS MANAGEMENT
  • ADVERSE WEATHER, WEATHER IMPACTS AND NATURAL DISASTERS
  • CHANGES TO THE TERMS AND CONDITIONS OF USE OF THE SITE AND TO THE ADDITIONAL TERMS AND CONDITIONS 
  • DISABILITY / FAILURE OF THE TERMS AND CONDITIONS, EVEN ADDITIONAL
  • DISPUTE RESOLUTION and INTERPRETATION OF THE TERMS AND CONDITIONS, EVEN ADDITIONAL
  • ADDITIONAL TERMS AND CONDITIONS FOR THE HOST (DEFINITION OF LIABILITIES, PAYMENTS, TAXES, FEES, CHARGES/TAX OBLIGATIONS, GUIDELINES FOR HOST)
  • ADDITIONAL TERMS AND CONDITIONS FOR THE GUEST (DEFINITION OF LIABILITIES, GUIDELINES FOR GUEST, CLAIMS AND REFUNDS)