HoLAB S.r.l. with registered offices in Genoa in Via Brigata Liguria 1 (hereinafter “HolaBoat”) supplies the User, once they have filled in the service registration form, with open-ended non-exclusive access to the internet platform “HolaBoat” (hereinafter “The Service”), owned by HoLAB S.r.l., in accordance with the terms and modalities set out in the general conditions as per this agreement.
Users of the Service or owners of boats and pleasure craft who post one or more listings on “HolaBoat”'s internet platform to promote their on-board activity offers (hereinafter Hosts) and Users who sign up to the Service in order to contact the Hosts (hereinafter Guests). Hosts and Guests will be jointly referred to as 'Users'.
The activity of the service users as Hosts, whether individuals or businesses whose company profile does not cover hiring, rental, lessees, boat and pleasure craft owners, are covered by the provisions of Article 49bis of Italian Legislative Decree n.171 dated July 18, 2005 (occasional rental).
Without there being any obligation on HolaBoat, boats flying a foreign flag are bound by the regulations of their country of registration.
Users must use the Service in compliance with Italian law and all international treaties and agreements to which Italy is signatory as well as respecting third parties' rights and privacy. In particular, and without any obligation on the part of HolaBoat to check or assist, it is the Host's responsibility to do everything necessary, including applying for all the necessary permits, in order to be authorised to rent boats/pleasure craft, including, but not solely, prior communication to the relevant Harbour Board and Tax Office, as per the provisions of Article 49bis of Italian Legislative Decree n.171 dated July 18, 2005, and taking out the necessary insurance for passengers and third parties, as well as any other authorisation and present or future legal requirements.
For insurance purposes this agreement must be attached to the insurance policy for the boat/pleasure craft.
Without there being any obligation on HolaBoat, pursuant to the provisions of art.1173 of the Italian Civil Code, Hosts undertake to comply with and ensure compliance with all tax regulations in the locality where the activity is taking place.
Without there being any obligation on HolaBoat, the Host shall commit to indicating clearly and truthfully in listings posted with the Service all information regarding the boat/ pleasure craft, and conditions of the on-board activities, and also to act in good faith towards Guests both during preliminary arrangements and in execution of the agreement, to be signed jointly with the Guests, and to comply fully and promptly with all the obligations set out in the contract.
Without there being any obligation on HolaBoat, the Guests also undertake to act in good faith during the negotiations and performance of the rental agreement that they will sign with the Host to comply, fully and promptly, with all the obligations under this agreement.
Without there being any obligation on HolaBoat, the Host agrees to comply with all regulations relating to the rental of boats and pleasure craft and to comply with all the formalities as prescribed by law.
Without there being any obligation on HolaBoat, the orders of the relevant harbour boards for the pleasure craft in question shall apply.
Without there being any obligation on HolaBoat, should they become aware or are made aware, in any form, that the User has committed even just one violation of the above requirements and obligations, HolaBoat will be entitled to disable access to the Service, to block the User either temporarily or permanently, taking care to remove all data from the system and all listings posted on the HolaBoat system by the User through the Service, without prejudice to HolaBoat's right to claim damages from the defaulting User.
Every time a booking is completed, HolaBoat charges a 5% service fee to Guests and a 15% service fee to Hosts for the use of the platform and related services. Fees are calculated from the price that Hosts set in the listing (including VAT, if applicable).
Before making or receiving payment, we require Users to provide the information necessary for payment to be processed through the method available on HolaBoat (for example, credit card information).
Payment processing services for HolaBoat are provided by Stripe and are subject to the terms of the Stripe services agreement.
All financial details are sent encrypted to Stripe, with no third-party access. These details are not used by HolaBoat except for completing the payment procedure or to issue refunds in the event of cancellation, in accordance with the exercise of the right of withdrawal, or to report cases of fraud to the authorities.
Users (both Guests that Hosts) wishing to cancel a reservation must email their request to firstname.lastname@example.org. HolaBoat will confirm receipt of the request and that it has been accepted.
If a Guest asks for a booking to be cancelled and the cancellation is accepted by HolaBoat, the Guest will be refunded for the amount paid, net of any commission paid for HolaBoat for the costs of the Service.
If a Host requests cancellation of an experience and the cancellation is accepted by HolaBoat, the Host will be refunded 100% of the amount paid.
For more details please refer to our cancellation policy.
The User grants HolaBoat a non-exclusive free licence for an indefinite period for all the materials placed in the HolaBoat system through the Service.
This Agreement shall be for an indefinite period; a User may cancel their account by sending an e-mail to the above address email@example.com
HolaBoat may at any time cancel a User's account by email.
In the event of withdrawal or termination the provisions of the Italian Civil Code will apply.
HolaBoat has the right to terminate this agreement in accordance with articles. 1456 et seq of the Italian Civil Code, without prejudice in any case to compensation for damages
•if a User of the Service infringes Italian law or international treaties and agreements to which Italy is signatory
•if a User is in violation of a single obligation or regulation as per art.3
•or if the Service is used to set up activities which are contrary to good custom or public order.
HolaBoat will not get involved in any mediation between Users either during preliminary arrangements or when the hiring agreement is signed and implemented, nor when the rental is being paid.
HolaBoat does not carry out any advance checks on the quality and character of the parties to the rental agreement. HolaBoat will not therefore be liable in any event for any shortcoming in the rental arrangement between the Users.
HolaBoat will not be liable in any event for any damage suffered by the Host and/or their pleasure craft, caused by and the fault of the Guest, nor due to any shortcoming in the rental arrangement on the part of the Guest.
HolaBoat will not be liable in any event for any damage suffered by the Guest or by third parties, as a result of renting the boat/pleasure craft, as a result of any shortcoming by the Host o as a result of any damage and/or accident befalling the occupants of the boat/pleasure craft, or items on the boat/pleasure craft belonging to them occupants, during the rental period.
HolaBoat will not be liable for any delays, malfunctions and/or interruptions in the Service to the Provider, or supplier of the telecommunications service.
HolaBoat will not be liable for damage attributable to the User or third parties, or the non-use of the Service except in cases of wilful misconduct or gross negligence.
HolaBoat shall not in any event be liable for the malfunction of the hardware and software systems in the User's possession, or for the provision of technical assistance for the hardware and software, unless otherwise indicated.
Access to the service is enabled through confidential identification codes, which the User must keep in strict confidence, and as such liable for any damage caused by the knowledge of these codes by third parties.
The User shall be solely liable for illegal use of the Service or the illegality of the data posted on the HolaBoat platform through the Service.
The User undertakes that the material published on the HolaBoat website through the Service is in the public domain or is material for which he/she possesses all the rights necessary for it to be published and disseminated through the Service and undertakes to indemnify HolaBoat and hold it harmless from any claim for damages made by third parties in relation to the said material.
HolaBoat shall have the right to temporarily or permanently suspend the Service in the following cases:
•suspension on grounds of force majeure
•by order of any competent authority
•improvement, repair and maintenance works (ordinary or extraordinary).
HolaBoat shall have the right to disable access to the information entered by the User on the servers that the User of the Service employs, if it is made aware that the information is unlawful or is aware of facts or circumstances clearly indicating the illegal nature of the information.
HolaBoat considers itself to have been 'made aware' and absolved of all liability to the User or third parties whenever HolaBoat receives any kind of communication from any person giving notice of the unlawfulness or illegality of the data or information, without that implying any obligation on HolaBoat to verify or check material sent by the User, or any obligation to investigate the veracity of the information received.
HolaBoat may at any time change the technical specifications of the service and its terms of access and use, as well as vary the following contractual conditions for technical and economic requirements or the need to adapt to the latest Italian and EU laws and regulations.
The personal data provided by the User to HolaBoat during the Service registration phase, or while using the service, will be processed by HolaBoat pursuant to Italian Legislative Decree 196 / 2003. Unless otherwise expressly authorized by the User, the data will be processed so as to give effect to the obligations covered by this agreement, and to fulfil legal requirements. As regards the rights and powers of the customer regarding their personal data, please refer to the Privacy Disclaimer.
For security reasons and to enable Users and the relevant authorities to check and investigate any illicit behaviour on the part of the User through the Service, written communications exchanged by Users will be kept on HolaBoat's servers within the limits, terms and modalities as per legal requirements and made available to Users referred to therein and/or the relevant authorities who ask.
When registering for the User shall provide an email address to be used by HolaBoat for any communication relating to the Service, except when a different method of communication is provided for in the present agreement. It is the User's responsibility to check the mailbox of the email address; any communication will be deemed to have been seen by the User, for all legal purposes, when it reached the server of the given email address.
The parties make specific reference to the provisions of article 2558 of the Civil Code regarding assignment in contracts, in the eventuality of HolaBoat's transfer of the company.
Any dispute arising from this agreement shall be subject to the exclusive jurisdiction of the courts of Genoa (Italy).
This agreement is exclusively governed by Italian law.
Pursuant to the effects of arts 1341, 1342, the User expressly approves the following clauses:
3 (Use of the Service); 4 (Bookings and payments); 5 (Cancellations and refunds); 6 (User Materials); 7 (Duration); 8 (Right of withdrawal); 9 (Express termination clause); 10 (Limitation of liability and guarantees); 11 (Suspension of Service); 12 (Disabling Access); 13 (Edits); 14 (Personal Information); 15 (Information); 16 (Succession in the agreement); 17 (Jurisdiction).
Last update 27/10/2017