General Provisions

The following Terms and Conditions – and subsequent changes made thereto – apply to the services offered by Welconboat S.r.l. through the online platform Welconboat. By accessing (also via mobile devices) the website www.welconboat.com, visiting it, using it and/or booking a vessel, or accessing the app for mobile devices, tablets, and other devices and interfaces of application programs, the User states to have read, understood, and accepted the Terms and Conditions presented below (including the privacy policy statement).
These Terms and Conditions govern the relations (B2C) between Welconboat S.r.l and the User.
Welconboat’s relations with its suppliers are governed by different terms and conditions, which govern Welconboat’s commercial relationship (B2B) with each of its suppliers.
If one of the clauses of these Terms and Conditions is not valid or loses its validity, the others remain valid and applicable.

Definitions

The terms used in these Terms and Conditions have the following meanings:
Charter fee: the amount of money the User shall pay the charter company, envisaged in the charter agreement as the fee for use of the vessel.
Welconboat commission: the percentage due to Welconboat as payment for the service; it is included in the price.
Booking confirmation: the document sent by Welconboat to the User’s e-mail address after Welconboat’s verification of the availability of the vessel chosen by the User. The booking confirmation coincides with the finalization of the agreement between the User and the charter company.
Content: any text, graphics, images, videos, information, or other elements present on the website.
Agreement: the term indicating the brokerage agreement finalized between the User and Welconboat.
Charter agreement: the agreement with which the charter company agrees to allow the User to use the vessel, for a certain period of time, for a certain fee.
This type of agreement does not envisage the providing of a crew by the charter company. The User is responsible for piloting the vessel and undertakes all liabilities and risks.
Rental agreement: the agreement with which the charter company, in return for the agreed rental fee, agrees to provide the User with the vessel for a certain period of time for recreational purposes in open sea or inland waters as they choose, at anchor or in navigation, under the conditions established by the agreement. The rented vessel remains available to the charter company, which also employs the crew.
Commercial information: information concerning the business activity of a charter company.
Personal data: any information concerning an individual (User), identified or identifiable.
Vessel: any vessel of any kind and with any means of propulsion used for recreational sailing (for example: sailboats, motorboats, yachts, small boats, catamarans, water scooters, etc.).
Vessel information: the display – following the options chosen by the User in the platform fields and via access by Welconboat to third-party platforms – of the photos and technical information on the vessels made available by the charter company, and which may be booked by the User according to the conditions established below. These photos include: (i) images of the vessel; (ii) technical specifications of the vessel; (iii) the equipment provided; (iv) obligatory services and extra services not included in the price; (v) the port of anchorage of the vessel; (vi) a calendar indicating the dates available; (vii) the booking price.
Rental fee: the amount of money the User shall pay the charter company. It is envisaged in the rental agreement as payment for the trips made by the charter company.
Parties: term indicating the charter company and the User at the time a charter and/or rental agreement is entered into.
Platform: software infrastructure, called Welconboat, accessible via the website www.welconboat.com and the app for mobile devices, tablets, and other devices and interfaces of application programs.
Price: the amount of money paid by the User to Welconboat at the time of the booking confirmation via the platform, inclusive of the charter/rental fee and Welconboat commission.
Charter company profile: the body of information on the charter company, available on the platform via third parties, identifying the charter company.
Review: comment and/or evaluation concerning the charter/rental of a vessel, provided by the User and published on the platform at the end of the relationship with the charter company.
Service: brokerage service offered by Welconboat S.r.l., via the platform, to permit charter companies and Users to enter into a rental/charter agreement.
Website: Internet website www.welconboat.com.
Company: term which may indicate the Welconboat S.r.l. company in the following Terms and Conditions.
Charter companies: companies whose purpose is the drawing up of pleasure craft charter/rental agreements.
T&C: the present general conditions of use.
User: an individual who, consumer or non-consumer, enters into a charter/rental agreement with a shipowner, availing themselves of the brokerage service provided by Welconboat.
The regulations in place for the benefit of a consumer User do not apply in the case of a non-consumer User.
Consumer User: an individual who acts for purposes other than the business, commercial, artisanal, or professional activity he/she may be engaged in.
Non-consumer User: an individual or legal entity acting in the exercise of their business, commercial, artisanal, or professional activity, or their intermediary.
Welconboat: the Welconboat S.r.l. company, with registered office at 4/41 Via C. Ceccardi – 16121 Genoa, Tax Code/VAT No. 02557010994, Genoa Business and Trade Registry No. 495069. This information is provided also pursuant to and in accordance with Article 49 of Legislative Decree No. 206 of 6 September 2005 (Consumer Code).
The registered office, as well as the addresses given under Article 12, is indicated – also pursuant to Article 49, paragraph 1, letter (d) of the Consumer Code – as the address where the User may send any complaints.

1. Nature and purpose of the service

1.1 The platform provided by Welconboat S.r.l., via access to the databases provided by third parties, permits the User to search for and view vessels (their photos and technical information) made available by charter companies, comparing and selecting them and, in the event of a booking confirmation by Welconboat, entering into a charter/rental agreement directly with a charter company.

1.2. Through Welconboat’s service, the User may view the following information: (i) images of the vessel; (ii) technical specifications of the vessel; (iii) the equipment provided; (iv) obligatory services and extra services not included in the price; (v) the port of anchorage of the vessel; (vi) a calendar indicating the dates available; (vii) the booking price.

1.3 Welconboat, in its capacity as boating broker pursuant to Articles 49-ter and 49-quater of Legislative Decree No. 171/2005 and subsequent amendments thereto, agrees to provide the User exclusively with a brokerage service.
Through Welconboat’s service the User, after viewing the information on the vessels, requests an estimate for the selected vessel and, on receiving the booking confirmation, enters into a charter/rental agreement for the vessel directly with the charter company.
Welconboat sends the User’s information necessary for drawing up the charter/rental agreement concerning the selected vessel to the charter company; if the vessel selected proves available, Welconboat also sends an e-mail with the booking confirmation to the User.

1.4 Welconboat neither rents nor charters vessels.

1.5 Through the service offered by the Company, the User enters into a charter/rental agreement directly with the charter company. Welconboat may not be held liable in the event of inaccurate or non-performance by the charter company, which is the sole party directly liable toward the User in the performance of the charter/rental agreement.

1.6 The service is available exclusively for personal and non-commercial use. Therefore, any and all reselling, insertion of deep links, use, copying, monitoring, display, downloading, or reproduction of any content, information, or software found on the platform, for the purposes of any sort of commercial or competitive activity, is prohibited.

2. Changes to Terms and Conditions

2.1 Welconboat reserves the right to change the present Terms and Conditions at any time, in compliance with the provisions of this article. Any changes will be published on the platform and notified, by e-mail, to all Users. As a result, the “Last update” date at the top of the present Terms will be adjusted accordingly.

2.2 The new rules will be valid for Users from the time of their publication. Therefore, the above-mentioned parties are advised to periodically check the “Terms and Conditions” section of the website, as well as their e-mail inboxes, as they will be sent an e-mail to notify them of any change to the present Terms and Conditions.

2.3 In the event of non-agreement with the changes made, the User is free to withdraw within 14 (fourteen) days from the publication of the new Terms and Conditions.

2.4 If the right of withdrawal is not exercised by the deadline stated in Article 2.3, the Terms and Conditions will be effective as modified and the access to the platform or its continuing use will be considered an expression of acceptance.

Privacy and Cookie Policy

3.1 Welconboat S.r.l. pays a special attention to the protection of the personal data of its Users, who may consult the Company’s policy on the processing of personal data and the use of cookies at the following link.

Drawing up of the charter/rental agreement

4.1 The User may enter into a charter/rental agreement for a vessel with the charter company, by selecting one of the vessels presented on the platform.

4.2 After selecting the vessel, the User sends a request for an estimate to Welconboat indicating the vessel selected, making sure to provide a phone number where they will be contacted by Welconboat for confirmation of the booking.
Welconboat contacts the User at the phone number indicated and, in the event of confirmation of the vessel selection, sends the User and the charter company a booking confirmation via e-mail.
During the phone call, Welconboat S.r.l. may also inform the User of other vessels not visible on the website at the time the User selected a vessel.
The booking confirmation contains any additional services agreed upon during the phone call.

4.3. The booking confirmation coincides with the finalization of the brokerage agreement between the User and Welconboat.

4.4 Welconboat S.r.l. sends the booking confirmation to the User and the charter company.

4.5 With the booking confirmation, the User acquires the right to enter into a charter and/or rental agreement, under the conditions indicated therein, with the charter company, which may have the User sign specific agreement forms.

4.6. The User will find the instructions for payment of the price to Welconboat, according to the terms specified in Article 8, in the booking confirmation e-mail.

4.7 After concluding the payment procedure, the User and the charter company will receive an e-mail confirming receipt of payment, which will also include a recap of all the information concerning the agreement relationship between the Parties.

4.8 The effectiveness of the charter/rental agreement between the User and charter company starts and ends at the time stated in the booking confirmation. From the time the effectiveness of the charter/rental agreement begins, the User is free to use the vessel.

4.9 The charter/rental agreement may be subject to cancellation and/or changes according to the terms stated in Article 7.

4.10 Welconboat is not a party to the charter/rental agreement entered into by the User and the charter company, but it acts exclusively as an intermediary between the Parties.

5. Communications between the charter company and the User

5.1 After receipt of the e-mail indicated in Article 4.4, the charter company and User may communicate with one another via the means of communication they deem most appropriate.

5.2 Welconboat S.r.l. will not be held liable in any way for the communications indicated in Article 5.1.

6. Reviews

6.1 At the end of the charter/rental agreement, the User may write a review in the special section found on the platform.

6.2 The User’s review will be uploaded to the vessel’s webpage and to the charter company’s profile, in order to provide future users with the opinions of those who are already registered with the platform.

6.3 The User may enter a review within 28 (twenty-eight) days after the end of the charter/rental agreement. The review will be visible on the vessel’s webpage and on the charter company’s profile for 24 (twenty-four) months from its publication online.

6.4 The User’s review may be used by the Company on the platform or on social networks for marketing, promotional, or service improvement purposes.

6.5 Welconboat S.r.l. reserves the right to reject or remove reviews at its discretion, if they are found to offend public decency or insulting to Welconboat, the charter companies, or other users.

7. Booking changes and cancellations

7.1 With the acceptance of the present Terms and Conditions, the User accepts and approves the following rules with regard to the cancellation of and changes to their booking.

7.2 All changes and cancellations regarding the booking shall be made via Welconboat, by the deadlines indicated in the booking confirmation.

7.3 To change or cancel a booking, the User must use the specific section.

7.4 A booking may always be cancelled by Welconboat if the User has provided inaccurate or untruthful information (merely by way of non-exhaustive example, if the age they specify is wrong). In this case, the User will be entitled to a total refund of the price paid.

7.5 If the charter company is unable to provide its service due to force majeure or fortuitous events, the User will receive a total refund of the price paid from Welconboat.

8. Payments

8.1 In its booking confirmation, Welconboat informs the User of the ways the price can be paid. Payment may be made in two ways:
1) by telephone, by dictating the credit card information to Welconboat;
2) via the hyperlink to the so-called “virtual POS” contained in the e-mail. By clicking on the link, the User can complete the payment process.

8.2 All payments are managed by Welconboat S.r.l. via third-party payment operators. The payment is charged to the User safely and securely.

8.3 Once the amount corresponding to the charter/rental fee is credited to the charter company’s account, the payment is considered final and thus can no longer be reclaimed by the User, except in the cases indicated in Article 7.

8.4 In the case of fraud or unauthorized use of one of the means of payment indicated in Article 8.1, the User shall contact the third party involved in order to find an appropriate solution.

8.5 Welconboat collects the price from the User and withholds the Welconboat commission before paying the amount owed to the charter company.

8.6. The Welconboat commission varies depending on the charter/rental fee charged by the charter company.

9. Right of withdrawal

9.1 Pursuant to and within the limits stated in Article 52 et seq. of Legislative Decree 206/05 and subsequent amendments thereto, the consumer User has the right to withdraw from the agreement for any reason whatsoever, without the need for explanations and without incurring any penalty, within fourteen days starting from the date the agreement is entered into.

9.2 The User informs Welconboat of his/her decision to exercise the right to withdraw from the agreement using the standard withdrawal form or via any other statement specifying this decision, sent by registered letter with return receipt, fax, or certified e-mail to the addresses indicated in Article 12.

9.3 The withdrawal communication shall specify the intention to withdraw and contain the booking confirmation number, as well as the bank details of the person in whose name the receipt/invoice was issued in order to receive the bank transfer of the refund.

9.4 Following the proper exercise of the right of withdrawal, Welconboat will send the User a withdrawal code as confirmation.

10. Responsibility and liability of Welconboat S.r.l.

10.1. As it is not a party to the agreement, Welconboat accepts no responsibility or liability and gives no warranty that the agreement relationship entered into by the User and the charter company will be free of inefficiencies, unexpected events, variations and/or cancellations, and therefore, in no case shall Welconboat be held responsible and liable for the non-performance or partial performance of the services stated in the agreement entered into between the User and the charter company.

10.2. As it is not a party to the agreement, Welconboat accepts no responsibility or liability and gives no warranty that the vessel information corresponds to the real conditions of the vessels. The sole party responsible for the accuracy of the vessel information (including prices and availability) is the charter company.

10.3.The User acknowledges and agrees that Welconboat, as it is not a party to the agreement, may never be called to answer and/or give warranty to the User for any damage, whether direct or indirect, that may be suffered by the User or third parties because of actions, omissions, violations, false statements, objective or fault liability for occurrences, actions, or statements directly or indirectly attributable to the charter company (and/or its employees, consultants, representatives, affiliated companies), including cancellations (even only partial), overbooking, strikes, force majeure, or any other event beyond Welconboat’s control.

10.4. In any case, the Company is not responsible or liable in the event of delays, malfunctioning, and/or interruptions of the performance of the service caused by (a) force majeure, (b) tampering or interference with the service, (c) malfunctioning of the terminals used by the User, or (d) total or partial interruption of the services provided by other telecommunications operators or third-party providers. Merely by way of example, cases of force majeure are events that are unforeseen and unforeseeable by the Company and which are caused by natural or other factors such as, but not limited to, natural disasters, lightning, fires, and explosions.

10.5. In the event of dispute between the charter company and the User, Welconboat is not obliged to act as intermediary between them.

11. Rights of Welconboat S.r.l.

11.1 Welconboat S.r.l. reserves the right to choose the design, layout, and functionality of the platform, as well as the right to revise, correct, or modify the contents or layout.
11.2 Within the limits permitted by the rules, Welconboat S.r.l. may, at any time and without prior notice, modify, suspend, or interrupt any section of the platform, including the availability of the functions, databases, or contents of the platform, if there are justified legal, commercial, or technical reasons.

11.3 The Company may occasionally perform updates or maintenance operations on the platform. These operations could entail temporary restrictions on the platform’s use. Such temporary restrictions do not entail any liability on the part of Welconboat toward the User.

11.4 The Company will seek to ensure that its reproductions on the website of any photographs acquired via access to the databases provided by third parties are as accurate as possible.

11.5 The User acknowledges that Welconboat is not responsible or liable for the accuracy of the vessel information.

12. User’s communications with and complaints to Welconboat S.r.l.

12.1 The User can contact Welconboat S.r.l. using any of the following methods:
– the contact form found in the specific “Request a no-obligation estimate” section of the website, which can be accessed by clicking on the red button with white printing found on each page of the website https://www.welconboat.com;
– e-mail: booking@welconboat.com;
– the phone contact numbers indicated on the website;
– ordinary mail addressed to: Welconboat S.r.l., Via C.R. Ceccardi 4/41, 16121 Genoa (Italy).

12.2 The same addresses can be used to send complaints and/or withdrawal notices to Welconboat, solely and exclusively if they concern the service offered by Welconboat. No complaint or withdrawal notice concerning the vessel charter or rental agreement is to be sent to Welconboat.

13. Prohibited activities

13.1 In relation to the use of the platform the User shall not engage in, nor shall they assist others in engaging in, or permit others to engage in any of the following activities:
– breaking or circumventing applicable laws or regulations, agreements with third parties, or the present Terms and Conditions;
– using the platform for any commercial or other purpose that is not expressly permitted by the present Terms and Conditions;
– copying, saving, or using any information, including the Users’ personal identification information, contained on the platform in violation of the Privacy and Cookie Policy mentioned in Article 3.1;
– using the platform for the distribution of unwanted commercial messages (“spam”);
– booking vessels for third parties;
– contacting a charter company for any purpose other than requesting information regarding their booking;
– evading the service costs;
– making the price payment in violation of the provisions of Article 9;
– violating the intellectual property rules protecting the software and trademarks owned by the Company;
– using any robot, spider, crawler, scraper, or other automated means or processes to access the platform and collect data or other content;
– avoiding, circumventing, removing, deactivating, damaging, decoding, or evading any technological measure implemented by Welconboat S.r.l., by any of the Company’s suppliers, or by any third party to protect the platform;
– seeking to decipher, decode, or uninstall any software used to provide the brokerage service;
– undertaking any action that damages or negatively influences the performance or proper functioning of the platform.

14. Termination of the relationship with Welconboat S.r.l.

14.1 Welconboat S.r.l. reserves the right to suspend or remove any User, at its sole discretion and judgment, immediately and without a refund of any costs or expenses already incurred by said User, if any one or more of the following cases occurs:
– content associated with a User contains material that violates the guidelines published on the website, the law, the regulations in effect, or the rights of any person or entity;
– the User substantially violates the present Terms and Conditions;
– the User has had an injurious or offensive attitude toward a charter company or Welconboat S.r.l.;
– the User is caught using a fake identity;
– the platform’s communication systems have been used in a different, inappropriate, or wrong manner.

14.2 Welconboat S.r.l. reserves the right to take legal action in and out of court against the User for any violation of the provisions of this document or inappropriate use of the platform.

15. Intellectual property rights

15.1 The software used to provide the service is owned by Welconboat S.r.l.

15.2. The Company reserves all Copyright rights and software ownership. The Internet website, the domains, brands, trademarks and all other distinguishing marks, including figurative ones, used within the framework of the services offered by the Company, as well as the images, illustrations, logos, any graphic design and artwork, and any contents present on the website that do not fall under Vessel Information are protected by copyright and are treated and protected in accordance with the copyright and trademark laws. The total or partial reproduction in any form, modification, or use of such trademarks, distinguishing marks, illustrations, images, and logos, of any graphic design or artwork or any other contents of the website, for any reason and with any means, without the express written authorization of the owner of the intellectual property rights are strictly forbidden.

15.3 The vessel information present on the website is owned by the charter companies.

15.4 Should the Users engage in actions in conflict with the Italian laws on intellectual property rights, Welconboat S.r.l. reserves the right to take legal action in and out of court, before all authorities, to protect its interests.

16. Applicable law and exclusive place of jurisdiction

16.1 The validity and interpretation of the present Terms and Conditions, which regulate the relations between the User and Welconboat, are governed by Italian law. In the event of any dispute regarding the present T&C, the User and Welconboat agree that the exclusive place of jurisdiction is the Court of Genoa.

16.2. Consumer Users have the right to take legal action before the Court where they have their residence or domicile.

17. Acceptance of the general conditions

17.1 Use of the platform by the User is conditional on acceptance of the present Terms and Conditions as well as of the Privacy regulations.

User’s statement pursuant to Articles 1341 and 1342 of the Italian Civil Code
Pursuant to and in accordance with Articles 1341 and 1342 of the Italian Civil Code, the User hereby states that they have read and examined, and specifically approve the following articles, which are an integral and substantial part of the terms and conditions of the providing of the service by the Company:

Art. 2 – Changes to Terms and Conditions
Art. 7 – Booking changes and cancellations
Art. 9 – Responsibility and liability of Welconboat S.r.l.
Art. 11 – Rights of Welconboat S.r.l.
Art. 13 – Prohibited activities
Art. 14 – Termination of the relationship with Welconboat S.r.l.
Art. 16 – Applicable law and exclusive place of jurisdiction
Art. 17 – Acceptance of the general conditions

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