Allgemeine Geschäftsbedingungen von Helpy Travel

Terms and Conditions of Use of Helpy Travel

1. Platform Identity and Definitions

Platform Owner: Helpy Travel is managed by TEASA INNOVATION S.R.L., with registered office in Corso Castelfidardo 30/A, 10129 Turin (Italy), VAT number 13100310013, hereinafter the “Owner”. The “Site” or the “Platform” refers to the website https://helpytravel.com/ and its related subdomains, web or mobile applications, and SaaS services offered.

Platform Users: Two types of users are distinguished:

• Registered User (hereinafter also “Host” or “Property Manager”): the professional or manager of properties for short-term rentals who creates an account on the Platform (providing name, surname, email, and phone number) to use the Helpy Travel Services.
• Unregistered User (hereinafter “Guest”): the person who, without registration, accesses the content shared by the Host via a link or QR code provided by the Host.

Services: Indicates the features and services offered through the Helpy Travel Platform, as defined in the subsequent art. 3.

Content: Indicates any information, text, image, data, or material entered on the Platform, both by the Owner (e.g., digital guide templates, software, graphics) and by the User (e.g., property descriptions, local tips, extra offers).

These “General Conditions of Use and Service” (hereinafter, also simply “General Conditions” or “Terms”) govern the contractual relationship between the Owner and the User regarding the use of the Platform and the Services. The use of Helpy Travel implies the full acceptance of these General Conditions. In case of non-acceptance, the User must refrain from using the Platform and the Services.

2. Scope of Application and Acceptance of Conditions

These General Conditions apply exclusively to the use of the Helpy Travel Platform and the related Services provided by the Owner to the Users, as defined above. The User is required to comply with the General Conditions as well as any further instructions, rules, or policies published on the Site (such as, for example, the Privacy Policy and the information present in the various sections of the Platform, which are intended to be an integral part of the General Conditions).

The Registered User declares, at the time of registration, to have read and accepted these General Conditions. In particular, the Registered User declares and guarantees:

• to have reached the age of majority (18 years) required by law to validly use the Service. If it turns out that the User is a minor, the Owner may refuse or cease to provide the Services and close the account, in accordance with art. 2 c.c.;
• to have read the Privacy Policy relating to the processing of personal data provided, available on the Platform, and to give consent where required;
• to fully accept these General Conditions;
• that all information provided during registration and use of the Platform (personal data, information on properties, uploaded content, etc.) is truthful, correct, and complete, undertaking to update it promptly in case of changes;
• to indemnify and hold harmless the Owner from any damage, loss, penalty, or claim arising from the User's violation of the rules on registration to the Site, on the truthfulness of the information provided, and on the custody of their access credentials.

The use of the Platform by the Host implies acceptance of the clauses of these General Conditions applicable to the nature of its use. The Guest, by accessing the contents of Helpy Travel, also undertakes not to violate these General Conditions and the applicable laws.

Applicable law: These Terms are drawn up in compliance with the applicable Italian and European regulations for services provided electronically, including Legislative Decree no. 70 of 9 April 2003 (implementation of the Directive on Electronic Commerce), Legislative Decree no. 206 of 6 September 2005 (Consumer Code, as applicable if the User acts as a consumer) and EU Regulation 2016/679 (GDPR) on the protection of personal data, in addition to other laws and regulations in force.

3. Description of Services Offered by Helpy Travel

Helpy Travel is a SaaS platform aimed at Property Managers in the short-term rental sector, which provides digital tools to improve guest management. In particular, through the Platform the Host (Registered User) has the possibility to use the following main Services:

• Creation of Personalized Digital Guides: the Host can create for each of their properties an interactive and personalized digital guide, containing useful information for Guests.
• Local Tips and Activities: the Host can insert in the digital guide recommendations for activities, businesses, or local places of interest. Some of these activities may be part of affiliate programs managed by Helpy Travel or its partners.
• Affiliation System with Commissions for the Host: Helpy Travel offers an affiliation system through which the Host can obtain commissions on third-party services recommended in their digital guide.
• Sale of Extra Services (Up-selling) to the Guest: the Host can offer the Guest, through the Platform, extra paid services related to the stay.

4. Role of the Platform and Limitation of Helpy Travel's Role

Helpy Travel provides a technological service that virtually connects the Host and their Guest, as well as the Host and any third-party service providers (within the scope of affiliate programs or extra services offered). Helpy Travel is not a contractual party to the relationships that are established between the Host and the Guest or between the Host and the third-party providers recommended to the Guest. In other words, the Owner exclusively offers the IT tool to facilitate communication and any transaction, but does not act as a real estate broker, travel agent, tour operator, or party to contracts for the sale of tourist services between the Host, the Guest, and third parties.

In particular, the Host and Guest acknowledge and accept that:

• Host-Guest Relationship: Any agreements relating to the stay or extra services sold by the Host to the Guest through the Platform constitute direct agreements between the Host and the Guest. Helpy Travel is not a party to such agreements and assumes no responsibility for their execution.
• Relationship with Affiliated Third Parties: Similarly, if through the Platform the Guest is directed to a service or activity managed by a third party (for example, a partner restaurant, a local tour operator, an affiliated car rental service), any booking, purchase, or use of such services takes place exclusively between the Guest and the third-party provider in question. Helpy Travel does not guarantee nor is it responsible for the quality, safety, legality, truthfulness, or actual provision of the experiences or services provided by third parties recommended in the digital guide.
• No editorial control over Host's Content: The Owner, within the limits of ordinary diligence, does not intervene preventively in the creation of content uploaded by the Host on the digital guides (such as descriptive texts, images, advice, offers). While it may provide guidelines or templates, Helpy Travel does not carry out a prior approval or a thorough check of such content and is not responsible for its truthfulness, completeness, or legality. The responsibility for the content inserted by the Host remains exclusively with the Host. However, Helpy Travel reserves the right to remove or obscure content that is reported as illegal or contrary to these General Conditions, in accordance with current regulations.
• The Helpy Travel Platform, managed by the Owner, allows the Host to propose, publish, and sell extra paid services to Guests (such as, for example, late check-out, additional cleaning, rentals, welcome kits, etc.) through a special section accessible from the personalized Digital Guide. The Owner is limited exclusively to providing a technological platform to facilitate the presentation and promotion of such services. It does not carry out any commercial intermediation activities, nor does it verify the legality, regulatory compliance, quality, effective availability, or truthfulness of the information provided by the Host regarding the services offered. It therefore remains the exclusive responsibility of the Host to ensure that they have the legal, fiscal, and administrative requirements necessary for the provision and sale of the extra services offered. The Owner declines all responsibility for any damages, breaches, disputes, claims, or sanctions arising from offers that do not comply with current legislation.

5. Host Registration and Account Creation

Full access to the features of the Helpy Travel Platform is reserved for Registered Users (Hosts). To register, the User must fill in the appropriate online registration form, providing at least the following mandatory data: name, surname, a valid email address, and phone number. These contact details (email and phone) may be used by the Owner for important service communications relating to the use of the Platform (for example, notifications on updates to the Terms, technical information, payment notices, etc.). Additional optional data may be requested to complete the profile or to access advanced features (for example, company name and VAT number if the Host represents a company, postal address for billing, profile photo, etc.).

6. Host Account Functionality and Use of the Platform

Once registered, the Host (Registered User) can access the Helpy Travel Platform and use the various features made available. Through their account, the Host can, for example:

• Profile and Account Data: Save, modify, and manage their personal and contact data (e.g., email address, phone number) and, if applicable, their company data (name, VAT number, billing address). The Host can also manage communication preferences (e.g., subscription or cancellation from the newsletter, marketing and profiling consents) in compliance with privacy regulations.
• Management of Properties and Digital Guides: Enter the information of their properties (e.g., property name, address, description, photos) and generate for each a Personalized Digital Guide.
• Sharing with Guests: For each digital guide, the Platform provides a unique link and generates a personalized QR Code.
• Local Tips and Affiliations: The Host can add in the "Tips" or "Experiences" section of the digital guide various external activities or services deemed of interest to the Guest.
• E-commerce of Extra Services: If provided for in the subscribed plan, the Host can enable the e-commerce mode to sell extra services directly through the digital guide.

7. Guest Access and Conditions for Unregistered Users

The Guest (Unregistered User) gains access to the contents of the Helpy Travel Platform through the digital guide shared by a Host. Access typically occurs by scanning a QR Code or opening a web link provided by the Host, which directs the Guest to a dedicated page for the property where they are staying.

The Guest can consult the digital guide freely without needing to create a personal account on Helpy Travel. However, access to and use of the guide by the Guest are subject to compliance with some basic conditions:

• The Guest may use the digital guide and its contents exclusively for personal purposes related to their stay at the Host who provided it. The Guest is not allowed to exploit the contents for commercial purposes, nor to reuse them outside of this context.
• The Guest must refrain from any improper or illegal use of the Platform.
• When the Guest interacts with any features in the additional terms and conditions may apply. Helpy Travel is not responsible for any additional conditions imposed by the Host or third parties, but recommends that the Guest read them carefully before agreeing to them.
• The Guest acknowledges and accepts that the contents displayed in the digital guide (texts, images, suggestions, offers) are provided by the Host (or by third-party partners) and not by Helpy Travel. Although the Host undertakes to provide accurate and updated information, Helpy Travel does not guarantee the completeness or absence of errors in such information.

Access as a Guest does not entail any payment to Helpy Travel (use is free for the end user), nor the direct use of a commercial service from Helpy Travel to the Guest. The latter therefore does not have the status of "consumer" towards Helpy Travel, as there is no contract for the sale of services between the Guest and the Owner; the Guest's rights as a consumer towards the Host or any third-party providers for the services they purchase from them remain unaffected.

8. Fees, Subscription Plans, and Payment Methods

Access to and use of the Helpy Travel Platform by the Host are subject to the payment of a fee, as indicated during registration or upon subsequent subscription to a plan.

Payment is made through the methods provided by the Platform and entitles the Host to use the services included in the chosen plan. In the event of non-payment, the Owner may suspend or limit access to the Platform until the outstanding amounts are settled.

The Guest continues to access the Digital Guide and the content provided by the Host free of charge, except for any extra services purchased, whose costs are always indicated before payment.

9. Intellectual Property Rights

The Owner is the legitimate owner of the Site, of the pages they comprise, the information or elements contained in the texts, documents, photographs, drawings, graphics, databases, software, logos, trademarks, trade names, or other signs protected by intellectual or industrial property rights.

Unless expressly authorized by the Owner or by third-party holders of the corresponding rights, or unless legally authorized, the User may not reproduce, transform, modify, decode, distribute, rent, make available to anyone, or allow access through any form of public communication to any of the elements mentioned in the previous point.

10. User Obligations and Prohibited Conduct

The User, whether Host or Guest, undertakes to use the Helpy Travel Platform and its Services in a lawful, diligent, and compliant manner with these General Conditions. In particular, the User is prohibited from using Helpy Travel (the Site, the account, the digital guides, and any connected functionality) for illegal purposes or for purposes other than those provided for. By way of example and not exhaustive, the User must not: Insert, share, disseminate, or publish:

• content of a racist, xenophobic, obscene, denigrating nature (i.e., ads alluding to the geographical origin or nationality of the subjects possibly interested in a property or that include insults and/or foul words of any kind);
• content that incites criminal, terrorist, violent, or defamatory behavior due to age, sex, religious belief, or any other type (i.e., ads alluding to preferences regarding the sexual orientation, age, or religion of the subjects possibly interested in a property);
• content that may be considered detrimental to the fundamental rights of third parties, in any form;
• information constituting illegal or unfair advertising (i.e., ads containing fictitious prices or including misleading or offensive comments about competitors);
• false, inaccurate, or fraudulent content that may mislead the recipients of such information (i.e., "bait" ads or ads containing misleading descriptions or false characteristics relating to properties).

• Make use of the Site for illegal purposes or for the resale, transfer, or assignment for use or benefit of any other person or entity.
• Cause damage to the computer systems of the Site or of third parties, nor introduce or spread computer viruses or other types of harmful software or systems that may cause damage to computer systems.
• Commit acts that presume an injury to our intellectual property rights and/or reputational damage to the Site or to third parties.
• Use the identity and/or access passwords of a third-party Registered User without their consent.
• Access, monitor, or copy any information included on the Site using any type of robot, spider, scraper, or other automatic or manual means for this purpose, without our prior written consent.
• Violate the restrictions made known by the robot exclusion notices included on this Site, as well as circumvent other measures used to limit access to this Site.
• Undertake any action that imposes or may impose, in our judgment, an unreasonable or disproportionately large load on our infrastructure;
• Create a link to any content on the Site for any purpose and without our written consent.
• Replicate, reflect, or in any way incorporate any content of the Site into any other site without our prior written authorization.

11. Duration of the Contract, Withdrawal, and Account Suspension

These General Conditions are considered accepted by the User at the time of use of the Platform (for the Guest) and at the time of registration (for the Host) and remain valid and effective until the termination of the relationship as provided in this article.

Duration for the Host: The contract between the Owner and the Host is for an indefinite period, it being understood that the use of specific Services is linked to the validity of the chosen subscription (see art. 8). The Host may withdraw at any time from these Conditions by requesting the cancellation of their account and ceasing to use the Platform. The request for account cancellation can be made through the appropriate functions in the reserved area (if available) or by contacting Helpy Travel support in writing. The Host's withdrawal does not entitle to any refund for unused subscription periods, except as may be provided for in art. 8 and except in the case where the Host is a consumer exercising the right of withdrawal within the initial 14 days.

Suspension or termination by the Owner (Host): The Owner reserves the right to temporarily suspend the Host's access to the Platform or to permanently deactivate/close the Host's account in the following cases:

• Violation of the Conditions: in the event of a serious or repeated violation by the Host of any of the obligations provided for in these General Conditions (see art. 10 for prohibited conduct) or of legal provisions. The suspension/closure may take place with immediate effect, without notice, if the violation is such as not to allow the continuation of the relationship even temporarily. In other less serious cases, the Owner may send a warning to the Host, setting a deadline to remedy the violation (if curable) and warning of the possible consequences.
• Non-payment: in the event of non-payment of the subscription fee due, after the default terms indicated in art. 8, the Host's account may be disabled. If the Host continues not to pay what is due, the Owner may close the account for non-fulfillment.
• Prolonged inactivity: The Owner reserves the right to deactivate registered accounts that are inactive for a long period (e.g., 12 consecutive months) and that do not have any active subscription, after communication via email to the Host at the last known address. The Host, upon receipt of the communication, may avoid the closure by logging in or expressing the will to keep the account active.
• Order of the Authority or legal obligation: if a provision of a competent Authority (e.g., a court order) requires the Owner to disable an account or remove certain content, or if this is necessary to comply with legal obligations, the Owner may act accordingly. In such cases, the Host will be informed where possible, unless prohibited by law.
• Cessation of the Service: in the (hopefully remote) event that TEASA INNOVATION S.R.L. decides to permanently cease providing the Helpy Travel Platform (service shut-down), it will notify the Hosts in writing with reasonable notice, except for cases of force majeure that prevent such notice.

12. Personal Data Processing (Privacy) and Cookies

By accessing the Site, we may process your personal data. You can obtain detailed information on the type and purposes of the processing of your data by consulting our Privacy Policy.

We also inform you that we may use "cookies" when you browse our web pages. You can obtain detailed information on our use of "cookies" by consulting our Cookies Policy.

The user explicitly agrees that the Owner is free to read any message sent between Users. The Owner may read these messages to improve the User's experience, resolve conflicts between Users, or for other reasons deemed appropriate by the Owner.