Provider Terms

§ 1 Parties and definitions

Platform

Terra Mia Immobiliare, sole proprietor Oskar Golde, Regattastraße 9h, 16816 Neuruppin, Germany. VAT ID: DE302445319. Operator of the Sicily Holiday and Ferienhaus Sizilien portals and of the account area at terra-mia.immo.

Provider

Anyone who places an offer of their own through their account and accepts these terms for it. The Provider is a business within the meaning of Section 14 of the German Civil Code (BGB), see 3.1.

Offer

A service the Provider performs itself and in its own name, such as a cooking class or a transfer, together with its presentation on the portals (texts, place, duration, languages, price, contact).

Guest

Anyone who sees an offer on the portals and contacts the Provider. The guest is not a party to these terms.

§ 2 Subject: an advertisement, not intermediation

Not a contracting party

A contract for the offer is concluded solely between the guest and the Provider. Terra Mia Immobiliare is not a party to it, not its organizer and not an intermediary for it. Terra Mia Immobiliare does not put together a package and does not sell the offer together with accommodation.

No booking, no payment

Nothing is booked or paid through the advertisement. Terra Mia Immobiliare accepts no payments for the offer on the Provider's behalf and passes no guest data to the Provider for it. The guest contacts the Provider directly through the channels named in the advertisement (phone, email, website).

No endorsement

The advertisement is not a recommendation, rating or award of the Provider by Terra Mia Immobiliare. It is labeled as an advertisement and names the Provider as the guest's contracting party.

§ 3 Requirements

Business declaration

The Provider declares that it performs the offer in the course of its trade, business or profession. This applies even without a Partita IVA where the offer is made for payment and on a lasting basis.

Licenses and registrations

Where an offer requires a license or registration, the Provider enters its number and the issuing authority in its account before the first advertisement and assures that it exists and covers the offer: for a cooking class, the registration with the competent ASL (notifica sanitaria under Article 6 of Regulation (EC) No 852/2004); for a transfer, the license for passenger transport with driver (NCC). The Provider alone is responsible for these details. Terra Mia Immobiliare does not check them and owes no check; providing the input fields is not a check. The Provider shows the document on request.

Annual confirmation

The details under 3.2 count for twelve months and must then be confirmed again in the account. Without that confirmation the advertisement is suspended. If a license lapses, the Provider pauses the offer without delay.

Removal upon knowledge

If Terra Mia Immobiliare learns that a required license is missing or has lapsed, or that an offer breaks applicable law, Terra Mia Immobiliare may remove the advertisement immediately and without prior notice. The Provider receives the reasons in text form (§ 8.3).

Accurate details

The Provider's business name or name, address and Partita IVA or VAT ID must be entered in the account completely and correctly and corrected whenever they change. The name and, where available, the Partita IVA or VAT ID appear in the advertisement.

§ 4 Content and price

Responsibility for content

The Provider is responsible for every detail of the offer: description, place, duration, group size, languages, price and contact. They must be accurate, complete and up to date.

Price as stated by the Provider

The price is the Provider's price. It is stated as a final price including all taxes and is labeled in the advertisement as the Provider's statement. Terra Mia Immobiliare neither calculates nor changes prices.

Rights in content

The Provider only uploads texts and photos for which it holds the necessary rights. For the duration of the advertisement, it grants Terra Mia Immobiliare the simple, royalty-free right to show them on the portals and to translate them into the portals' languages for that purpose.

Prepared drafts

At the Provider's request, Terra Mia Immobiliare may prepare an offer as a draft in the Provider's account. Only the Provider itself publishes it. By publishing, the Provider adopts the details as its own; 4.1 applies to them as to details it wrote itself.

Obligations toward guests

Information duties, contract terms, invoices and insurance toward the guest are the Provider's responsibility.

§ 5 Display and order

Placement

Terra Mia Immobiliare decides on which pages an advertisement appears, by the topic of the page: for example a page on Sicilian food for a cooking class, an airport page for a transfer, or the page of the accommodation where a class takes place.

Labeling

Every advertisement carries the label "Ad", the Provider's name (with its legal form for a company), its Partita IVA or VAT ID where available, and the statement that Terra Mia Immobiliare is not a party to the contract.

Order

A page shows three advertisements at most. If more are placed there, the selection and the order change daily by a fixed rotation; the same applies to the order of two or three advertisements. There is no paid highlighting. If Terra Mia Immobiliare introduces it, it will be named as such in these terms and on the advertisement.

No claim to placement or results

The Provider has no claim to its advertisement appearing on a particular page, in a particular position or permanently, and no claim to a particular number of views or inquiries. Terra Mia Immobiliare may rebuild, merge or remove pages.

§ 6 Fee

Free start

The advertisement is free of charge until further notice.

Future fee

If Terra Mia Immobiliare introduces a fee, it will be announced in text form at least 30 days in advance. It applies to the Provider only if the Provider expressly agrees to it. If the Provider does not agree, the advertisement ends on the announced date at no cost to the Provider.

No commission

Terra Mia Immobiliare receives no commission from the Provider on contracts with guests for the advertised offer and no fee from the guest for the advertisement.

§ 7 Liability, indemnity and data protection

Liability of Terra Mia Immobiliare

Terra Mia Immobiliare has unlimited liability for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee it has given. For simple negligence, Terra Mia Immobiliare is liable only for breach of essential contractual obligations, limited to the foreseeable damage typical of the contract. Essential obligations are those whose fulfillment makes performance of the contract possible in the first place and on which the Provider may regularly rely; here, publishing the advertisement under § 2.1. Terra Mia Immobiliare is not liable for the offer itself or its performance.

Indemnity

The Provider indemnifies Terra Mia Immobiliare against third-party claims arising from its offer, its performance, a missing license, or content the Provider uploaded or adopted under 4.4, to the extent the Provider is responsible for the underlying breach. The indemnity covers reasonable legal defense costs. Terra Mia Immobiliare informs the Provider of any such claim without undue delay and gives it the opportunity to take part in the defense.

Data protection

The Provider is an independent controller under the GDPR for the data of guests who contact it. Terra Mia Immobiliare is responsible for the Provider's account and offer data; the privacy policy has the details. Neither party processes personal data on the other's behalf.

Availability

No particular availability of the portals is owed.

Access to data

Terra Mia Immobiliare counts how often guests click the contact options of an advertisement and shares these figures with the Provider on request. The Provider receives no data on individual guests through the advertisement, and the advertisement collects none. Whatever a guest tells the Provider directly is processed by the Provider alone.

§ 8 Term, suspension and termination

Term

The contract runs for an indefinite period. The Provider may pause or delete any offer in the account at any time and may terminate the contract at any time without notice.

Ordinary termination by Terra Mia Immobiliare

Terra Mia Immobiliare may terminate the contract in text form with 30 days' notice and states its reasons when doing so.

Suspension and termination without notice

Terra Mia Immobiliare may suspend an advertisement or terminate the contract without notice if the details under § 3.2 are missing or no longer confirmed, details under § 3.5 or § 4.1 are inaccurate, a case under 3.4 exists, or the Provider repeatedly breaches these terms. The reasons are given in text form no later than the suspension. The Provider may respond to them.

Complaints

The Provider sends complaints about the advertisement, a suspension or a termination in text form to the email address given in the legal notice. Terra Mia Immobiliare replies within 14 days.

§ 9 Changes and final provisions

Changes

Terra Mia Immobiliare may change these terms where law, case law or official requirements call for it, where new features or types of offer are added, or where security and protection against misuse require it. The main obligations under § 2 and § 6 are not changed this way. Changes are communicated in text form at least 15 days before they take effect. The Provider may terminate the contract without notice until they take effect. A fee (§ 6.2) is never introduced through a change under this clause.

Governing law

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

Place of jurisdiction

If the Provider is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, Neuruppin, Germany, is the exclusive place of jurisdiction for all disputes arising from this contract. For Providers established in another member state of the European Union, this agreement applies under Article 25 of Regulation (EU) No 1215/2012.

No right of withdrawal

The Provider acts as a business (3.1). There is no consumer right of withdrawal.

Language versions

These terms are provided in German, Italian and English. In case of discrepancies, the German version prevails.

Severability

If any provision is invalid, the validity of the remaining provisions is not affected.