Site: BoatBooking.one online web platform hereinafter referred to as BoatBooking. User: natural or legal person who wishes to charter a boat from a Lessor throughthe WebSite. Lessor: natural or legal person, owner or manager of a boator his representative, who leases or hires boats to professional title and whowishes to make a boat available to a User through the WebSite. Rental:means both Leasing and Rental of boats, as established by Italian law. Service: contact between User and Lessor through the BoatBooking online platform.
These GeneralConditions of Use (hereinafter referred to as the General Conditions) apply tobookings made through the Site and are intended to put a User in contact with a Lessor for the rental of a boat. The User can use the BoatBooking Services onlyupon acceptance of the General Conditions. Before making any booking, the User declares to have red and accepted the General Conditions by tickingthe corresponding box. BoatBooking connects the Lessor who rents a boat and the User who is looking for a boat to rent through the site. As an intermediary,BoatBooking is not part of the charter agreement, which is entered intodirectly between the Lessor and the User. BoatBooting is not an organizer or seller of tour packages within the meaning of Directive (EU) 2015/2302. Users who make a reservation enter into a contract directly with the Lessor. BoatBooking is not a party or participant in any contractual relationship between Users and Lessors, nor is it a tourist agency or a maritime broker or insurer and does not act as an agent for any reason. BoatBooking does not make an offer to sell as it offers Services which are always subject to availability and to be confirmed. These General Conditions do not regulate the relationship betweenthe Lessor and the User, which is governed by the rental agreement.
Registration on the User's Site is free and open to any person who has the right to enter into a contract. The User communicates his complete identity, his address and a telephone number at which he can be reached. The User must register on the WebSite with his real identity. BoatBooking reservesthe right to exclude at any time and without notice, a User who does not complywith these General Conditions. Any incorrect information communicated to BoatBooking may result in the termination of the User's access to the Services.The identification codes for accessing the customized areas of the site arepersonal and confidential. The User is fully responsible for the use ofreserved codes. The User must promptly inform BoatBooking in case of use of thereserved codes by third parties.
The information published on the WebSite is provided by the Lessor who transmits it to BoatBooking through a bookingsoftware which is synchronized with the WebSite. The content and truthfulness of this information are notthe responsibility of BoatBooking. The Lessor is solely responsible forthe information transmitted. Through the BoatBooking platform, the Userreceives a temporary quote with a limited period from the Lessor. The booking of the boat by the User under the conditions proposed by the Lessor takes place with the payment of the deposit through the WebSite. The boat rental is not guaranteed until the booking is confirmed and the User must wait for the booking confirmation before bearing any additional costs. The User is informed of the booking confirmation by email. In the event that the Lessor provides for the formalization of the booking through its own written rental agreement, the Lessor sends the User the rental agreement and the related necessary documents, to be signed and sent back for acceptance. If the Lessor fails to confirm the booking within 4 working days, BoatBooking will refund the amount of the deposit paid by the User free of charge. It isspecified that no compensation or damage can be requested by the User in theevent of the Lessor failing to confirm the booking. BoatBooking is not part ofthe charter agreement, which is stipulated directly between the Lessor and the User. The Lessor and the User are solely responsible for the negotiation,stipulation, execution, non-fulfillment, expiry and termination of the rental agreement stipulated between them and BoatBooking cannot be held responsible inany way.
If the boat rental is requested without a skipper, the presence on board of at least one person authorized to run the unit in compliance with the rules established inthe country of destination must be guaranteed, usually a valid nautical license and vhf certificate. In some countries, additional documentation may be required for navigation, such as the compilation of a nautical curriculum. Inany case, the Lessor may reserve the right to check the navigation skills ofthe User and any crew. In the event that the navigation skills of the User or his crew are not considered sufficient, the Lessor may request the User, under penalty of cancellation of the rental, the use of a skipper to manage the boat.If the skipper to be appointed or appointed by the User is not available, the Lessor has the right to cancel the rental at the User's expense, unless the User manages to appoint another skipper in time at his own expense. In case of cancellation due to lack of nautical qualifications and sufficient navigation skills, the rental is to be considered cancelled due to the User and gives rise to cancellation costs. Even if a skipper is hired, the User remains fully responsible for the boat and its crew for the entire duration of the rental period.
The User is solely responsible for the compliance of travel documents, passports, any visas and vaccination certificates, as well as navigation permits, for himself and for the persons accompanying him, according to the regulations of the countries concerned. Any refusals to board, reductions in the rental period due to non-compliance of travel documents, visas, vaccination certificates, navigation permits, are to be considered as cancellation and are the responsibility of the User and will therefore give rise to cancellation costs.
Verification ofthe information provided by the Lessor and the User (identity, conditions and equipment of the vessel, navigation skills, solvency) are the mutual responsibility of the Lessor and the User. The User may be required, according to the charter agreement stipulated with the Lessor, to pay a security deposit before taking delivery of the boat. BoatBooking is not responsible for any disputes relating to the security deposit or refund of deductibles, in particular in the event of damage on board or delay in returning the boat.
Any boat rented through the WebSite can be used only for pleasure boating, excluding any commercial activity, professional fishing, transport, regattas or other operations, unless this is provided for in the charter agreement in agreement with the Lessor. The latter hypothesis will entail particular rules and obligations for this type of contract,such as special insurance contracts and administrative procedures that the User and the Lessor must strictly comply with. The User undertakes to make reasonable and prudent use of the chartered boat. In particular, he undertakes to comply with the applicable navigation and customs regulations, as well asthe safety instructions given by the Lessor, to guarantee the ordinary maintenance of the boat and to keep it in good condition. Subletting andloaning of the vessel are prohibited. The User undertakes to embark only thenumber of authorized persons. In the event of serious damage (dismantling,leak, fire, etc.), the User is required to urgently notify the Lessor by requesting instructions. Pending these instructions, the User is required todraw up a report to obtain reimbursement of the sums due from the insurance company. Under no circumstances can BoatBooking be held responsible for any damage or navigation conditions.
The conditions of modification and cancellation of the rental are governed solely by the termsof the rental agreement signed between the User and the Lessor and by theapplicable legislation. Only if the rental has not been formalized in writingbetween the Lessor and the User, the cancellation and modification of the rental by the Lessor or the User are governed by this article.
The user may request from the Lessor a copy of the insurance contract that covers the user's liability for the entire duration of the rental period.The insurance taken out by the Lessor usually guarantees coverage of all damagethat may be caused to the boat, its accessories and its attachments, partial ortotal theft of the main engine and the boat accessories and the consequences of civil liability of the User in the event of a claim by a third party. The User and the persons traveling on the boat have the right to take out additional insurance to cover risks not possibly provided for by the Lessor's insurance(insurance for cancellation, repatriation, individual insurance for all persons transported, refund of deductibles).
Any liability of BoatBooking arising from the availability and proper functioning of the Site, caused for example by possible temporary suspensions, failures or technical interruptions, is excluded. As a simple intermediary in the rental agreement,BoatBooking cannot in any way be held liable for damages deriving directly or indirectly from the negotiation, stipulation, execution, default, expiry andtermination of the rental agreement stipulated between the Lessor and the User.The User acknowledges and accepts that BoatBooking has no obligation to verify the actual solvency of the Lessor, nor the condition, good functioning or seaworthiness of the boats offered for hire. It is the User's responsibility tocarry out these checks, since BoatBooking is expressly excluded from anyliability in this regard. BoatBooking cannot be held responsible for direct or indirect damages related to the behavior of the Lessor or User and for their failure to comply with the applicable rules, for inadequacy of the information published on the site and provided at the time of booking on behalf of the Lessor, rates, availability and description of the boat and its equipment. BoatBooking cannot be held responsible for cancellations, delays, boat changes,overbooking, strike, force majeure or any other event beyond its control, for any fault attributable to the Lessor, including any complaints on the state ofuse of the boat, its instrumentation and equipment, and its cleaning, thequality of the extra or optional services requested. BoatBooking cannot be held responsible for the quality of the service and for damage to personal property,injury, loss or additional expenses incurred, due to errors, violations,faults, omissions, negligence, misrepresentation, civil or objective liability for an unlawful act, or any other fault attributable to the skipper, hostess,cook or equivalent staff. Finally, it should be noted that BoatBooking cannot be held responsible for the loss of personal effects by the User during the rental period of the boat
The BoatBooking website isowned and developed by Wentura srl VAT IT03957060985. For contacts and communications write to firstname.lastname@example.org or to email@example.com. With regard to any disputes between the User and the Lessor with BoatBooking, these General Conditions are subject to Italian law and the Userdeclares the Brescia court competent. With regard to disputes between theLessor and the User, any dispute arising regarding the execution,interpretation or termination of the rental contract is subject to theprovisions and legislation applicable to it and the competent court is that indicated in the contract itself.