Last update: February 26, 2021
These terms and conditions (the “Yacht Rental Service Terms and Conditions”) govern the relationship between Sailsquare S.r.l. (“Sailsquare”), VATE code 07860990964, forSailing S.r.l. (“forSailing”), VAT code 05493600968 and the users who use the services available by the former two through the application (the “Yacht Rental Application”) accessible through the web address: https://yachts.sailsquare.com.
DEFINITIONSIn addition to what is expressly defined elsewhere, the following terms, in capital letters, shall have the meaning ascribed to them below:
- “Boat” means any boat, yacht or ship made available through the Yacht Rental Service;
- “Charter Operator” means an individual or entity that is the legal and actual owner of one or more Boats, or properly authorised by the legal and actual owner of the same to offer them for rent and/or charter to third parties;
- "Rental” means the service of renting or chartering the Boat, and related ancillary services, offered and performed by the Charter Operator and which extends temporally from the time of delivery of the Boat (the "Check-in") and until the time of its return (the "Check-out");
- “Rental Fee” means the amount that the User is required to pay, in order to book the Boat and take advantage of the Rental service from the Charter Operator selected;
- “User” means the person who uses the Yacht Rental Application in order to ask for a Rental service, for himself or on behalf of a third party, from whom he has been legally authorised to send the Booking Request on his behalf, contextually accepting the Agreement in its totality.
YACHT RENTAL SERVICE
- The service offered by Sailsquare (the "Sailsquare Service") consists of an online platform, through which you can search within a database of thousands of boats around the world, view photos and technical information about the boats, made available by Charter Operators, and submit a request for booking a boat.
In the performance of the Sailsquare Service, information relating
to Boats is provided by Charter Operators, either directly on the
Yacht Rental Application or through third party platforms to which
both parties have access. While the Service is provided with the
greatest diligence, Sailsquare does not verify and cannot
guarantee that all information is accurate, complete or correct,
nor can Sailsquare be held liable for any errors (including
evident and typographical errors), false, inaccurate, misleading
or missing information. As a result:
- Each Charter Operator remains responsible at all times for the accuracy, completeness and correctness of the descriptive information (including Boat information, pricing, availability) on the Yacht Rental Application;
- The pictures on the Yacht Rental Application may be based on the boat model and are intended for illustrative purposes only. In consideration of this, the User acknowledges and accepts from now on that all images and pictures of the boats are purely indicative of the boat model chosen, and that they do not necessarily correspond to the Boat that will be actually indicated by the Charter Operator in the Rental Agreement.
- The Service offered by forSailing (the "forSailing Service") is a maritime brokerage service aimed at connecting Users with Charter Operators in order to facilitate the finalization, between the latter, of a charter or boat rental contract, according to the specific terms and conditions applied by the Charter Operator.
- The "Yacht Rental Service" means, jointly, the Sailsquare Service and the forSailing Service.
CONDITIONS APPLICABLE TO THE RENTAL
The Conditions applicable to the Rental shall be those specified
in the Rental Agreement issued by the Charter Operator and signed
by the User and/or otherwise agreed directly between the User and
the Charter Operator. By way of example but not limited to, the
Rental Agreement may include:
- Requirements and Qualifications for the Captain of the Boat for bareboat Rental;
- Check-in and Check-out times and any penalties applicable in case of non-compliance with these times;
- Any limitations on the navigation area accessible from each embarkation base;
- Amounts to be deposited at Check-in as security deposit.
- The Conditions applicable to the Rental shall be those specified in the Rental Agreement issued by the Charter Operator and signed by the User and/or otherwise agreed directly between the User and the Charter Operator. By way of example but not limited to, the Rental Agreement may include:
STATEMENTS, WARRANTIES AND LIMITATIONS OF RESPONSIBILITY
- The Sailsquare Service is provided on a best-effort basis: Sailsquare makes no warranty and assumes no responsibility to the User that the images and information published correspond to the actual condition of the boats, or that they are accurate and up to date in relation to extra costs and availability. The Charter Operator is the only responsible for the accuracy and completeness of the information (including price and availability) displayed on the Yacht Rental Application
- The forSailing Service, according to the Art. 49-ter Legislative Decree July 18, 2005, n. 171, c.d. "Codice Della Nautica Da Diporto", and following modifications, is regulated by the articles 1754 and following C.C. (CHAPTER XI - OF BROKERAGE).
- These Yacht Rental Terms and Conditions, together with the terms and policies that form an integral part of them, as defined in the introduction, constitute the entire agreement between the parties and replace any prior or concurrent written or oral agreement with respect to the same subject matter. Sailsquare and forSailing reserve the right, in order to improve the quality of their services, to modify the Agreement at any time. In the event of a change in the documents forming part of the Agreement, Sailsquare will publish the updated version of the document(s) on the Yacht Rental Application, at the same time updating the "Last Updated" date of the document(s) concerned. If the User does not agree with the changes, the User may terminate the Agreement immediately. If the User does not terminate prior to the date the changes become effective, access to or use of the Yacht Rental Application will constitute acceptance of the Agreement, as modified.
- If either party fails to enforce any provision of the Agreement or any right provided hereunder, such failure shall not be deemed as a waiver and shall in no way affect the validity of the Agreement. Any waiver or inability by either party to exercise any provision or right under the Agreement will not preclude or affect the ability to subsequently exercise such provision or right.
- If any condition, clause or provision contained in the Agreement is held by a court of competent jurisdiction to be invalid or ineffective, such invalidity shall not affect the validity or effectiveness of the other terms, conditions and provisions and the invalid condition, clause or provision shall be deemed not to be included in the Agreement.
APPLICABLE LAW AND JURISDICTION
- The provisions contained in the Agreement and the conclusion, the interpretation and the validity of the same are governed by Italian law.
- The Court of Milan (Italy) will have exclusive competence and jurisdiction over disputes arising out of or in connection with the execution of the Agreement.
ACCEPTANCE OF THE AGREEMENT
The use of the Yacht Rental Application is subject to User's acceptance of the Agreement. Acceptance of the Agreement is complete. The User cannot, therefore, choose to accept only a part of it or to make specific objections to it. Pursuant to and for the purposes of art. 1341 and/or 1342 c.c., the User expressly declares to accept the following clauses of these Yacht Rental Conditions:
1. YACHT RENTAL SERVICE
2. CONDITIONS APPLICABLE TO THE RENTAL
3. STATEMENTS, WARRANTIES AND LIMITATIONS OF RESPONSIBILITY
5. APPLICABLE LAW AND JURISDICTION