HoLAB s.r.l., based in Genoa (Italy), via Brigata Liguria 1 (hereinafter referred to as either "the Company" or "HoLAB") provides the User, at their request, with non-exclusive and time-limited access to the web platform called "HolaBoat" (hereinafter the "Service"), owned by HoLAB, according to the terms and conditions contained in these General Terms and Conditions.
Service access is free except for the cost of connecting at the rates applied to the User by their telecommunications service supplier.
Service users are boat owners (hereinafter “Hosts”) that place on HoLAB platform a listing to rent their own boat and simple users (hereinafter “Guests”) who register on the Service to contact any of the Hosts with the purpose of renting the crafts listed through the Service. (Hosts and Guests will be referred together as “Users”).
The negotiations and conclusion of individual boat rental contracts and payments related to rentals will take place directly between Guest and Host without any intermediary intervention by HoLAB and the Service;
Every person of legal age can register and use the Service.
Boat owners can use the Service as Hosts only if they are individuals or companies other than boat rental companies or boat lessee, that make occasional boat rental, according to the legislation of their country of reference.
Users must use the Service in compliance with all applicable Italian laws, international treaties and agreements to which Italy takes part, in respect of third-party rights. Particularly, with no obligation for HoLAB to monitor, Host shall implement all the obligations and obtain all necessary authorizations, to rent boats occasionally, including – briefly and non-exhaustively: prior notification to the competent Port Captaincy and the Italian Revenue Agency, in accordance with Art.49bis – Legislative Decree no. 171 of 18 July 2005. Host shall also adopt third-party liability coverage and any other authorization or performance required by law.
With no obligation for HoLAB to monitor, Host agrees to provide information about the boat and clear and truthful rental terms in the listing published through the Service. Host also agrees to act in good faith towards Guests, both in negotiation and execution of contracts signed with Guest and to fully, accurately and promptly perform their obligations under this contract.
With no obligation for HoLAB, Guest undertakes to act in good faith both in negotiation and execution of the rental agreement signed with Host and to fully,accurately and promptly perform their obligations under this contract.
With no obligation for HoLAB to monitor, Host agrees to comply with all regulations related to boat rental and to carry out all fulfillments required by law.
With no obligation for HoLAB to monitor, if HoLAB becomes aware that the User has committed any violation of the above requirements and obligations, it will be entitled to disable access to the Service and to remove all data from the system and all ads published by the User through the Service, without prejudice to HoLAB’s right to claim damages to such defaulting User.
The User grants to HoLAB a non-exclusive and non-time-limited free licence for any form of content placed on the HoLAB platform through the Service.
This agreement has non-time-limited duration; the User may terminate this agreement at any time by sending an email to email@example.com.
HoLAB may terminate this agreement at any time by canceling the User’s subscription and giving the cancellation notice to the User via the User’s email address.
HoLAB may terminate this contract in accordance with Art.1456 of the Italian Civil Code, without prejudice to compensation for damages:
• if the User uses the Service in violation of Italian laws or international treaties and agreements to which Italy takes part
• if the User acts in violation of any obligation under the Art.3 of this agreement
• if the User engages in activities that are contrary to good morals or public order through the Service;
HoLAB does not act as an intermediary between Users neither in negotiation or in signing and execution of rental contract. HoLAB is neither intermediary for rental payments.
HoLAB is not responsible for any breach of the rental agreement between Users.
HoLAB is not liable for any damage suffered by the Host or their boat, due to Guest’s fault as well as for any damages due to any breach of the rental agreement by the Guest.
HoLAB is not liable for any damage suffered by the Guest or third parties as a result of rental contract; any breach caused by the Host; any damages or injuries occurred to the occupants and property on board during the rental.
HoLAB is not liable for delays, malfunctions and/or interruption of Service due to operators of telecommunications services.
HoLAB is not liable for any damages caused to the User or third parties resulting for the use, or non-use, of the Service, except in cases of willful misconduct or gross negligence.
HoLAB is not liable for the malfunction of hardware and software systems owned by Users and won’t be responsible of providing technical assistance on the above hardware and software, unless otherwise stated.
Service access is allowed through the use of personal Login Information. The User is solely responsible for the confidentiality of Login Information and for the proper use of their account, whether authorized or not.
The User is solely responsible for any illegal use of the Service or the illegality of data placed on the HoLAB platform through the Service.
The User guarantees that all Content placed on the HoLAB platform through the Service is in the public domain or that he/she owns all necessary rights to the Content.
The User agrees to indemnify and hold harmless HoLAB from damage claims by third parties in relation to the above-mentioned Content.
HoLAB has the right to suspend, temporarily or permanently, the Service due to force majeure; terrorist attacks; imposition of any competent authority; improvements, repairs and maintenance ordinary and extraordinary.
In the event that HoLAB is aware or is made aware that the User is making any illegal and/or unauthorized use of the Service and/or their use of the Service is in breach of these Terms, HoLAB reserves the right to disable the User’s access to the Service.
HoLAB is considered “aware” and exempted from liability to the User or third parties, when any type of communication reaches HoLaB from any person giving notice of the illegality of use of the Service, with no obligation for HoLAB to verify the accuracy of reports received.
Parties expressly refer to Art.2558 of the Italian Civil Code regarding succession to contracts, in the event of business transfer by HoLAB.
The Company reserves the right to update and change the Terms of Service at any time without notice. The User can review the most current version of the Terms of Service at any time by visiting this page.
For security reasons and in order to verify and investigate any illicit activity performed by Users through the Service, messages among Users placed on the HoLAB platform will be stored on Company’s servers within the limits, terms and conditions prescribed by law and will be made available upon request to the concerned Users and/or the competent authorities.
During registration the User is required to give their email address that will be used by HoLAB to send any communication relating to the Service, except for cases where this agreement provides for a different communication system.
The User has the responsibility to check the mailbox at the given address; for all legal purposes any communication shall be deemed to have been properly received from the User when it reaches the mail server related to the User’s email address.
Any dispute arising from this contract shall be subject to the exclusive jurisdiction of the courts of Genoa (Italy).
This agreement is exclusively governed by Italian law.
Pursuant to Articles 1341, 1342 of the Italian Civil Code the User expressly accept and approves the following clauses:
3 (Use of the Service); 4 (User’s Content); 5 (Duration); 6 (Termination Clause); 7 (Limitation of Liability); 8 (Suspension of Service); 9 (Disabled Access), 11 (Modifications); 12 (Personal Data); 13 (Communications); 14 (Jurisdiction).
Last update 25/05/2016