Marinanow Srl, with Headquarters at Via Lepanto n. 2, Arzachena (OT), VAT: 02,485,960,906 (hereinafter "Marinanow"), is an Internet service provider active in Italy and abroad that, through a technological platform operating on the Internet at www.marinanow.com and related suffixes and applications for mobile devices under the name "Marinanow" (cumulatively referred to as "Technological Platform"), allows, in a fully automated system and without intermediation, companies or private citizens to quickly obtain or provide the availability of berths and/or boats. In particular, the service provided by Marinanow allows users of the Technological Platform (hereinafter "User") to contact other Users whether businesses or not, owners of or persons who manage the availability of boats (hereinafter "Boat Owner") and owners of or people who manage the availability of berths in marinas or other spaces that can be used in this manner (hereinafter "Marina"), in order to reserve the use of boats or berths for a certain period of time, with or without the presence of a skipper, as well as several additional services that may be made available by the User, by the Boat Owner, the Marina and/or Marinanow (hereinafter "Booking" or “Bookings”).
For the purposes of these General Conditions terms with a capital letter will have the specified meanings.
These terms and conditions (the "General Conditions User"), govern the economic and legal relationship between Marinanow, the Boat Owner, the Marina and User for managing Bookings through the Technological Platform.
The User, if he intends to publish ads offering the use of his boats or moorings, through the appropriate sections of the Technological Platform, will also be required to comply with the General Conditions Partners that is published on the site www.marinanow.com and related suffixes (hereinafter "General Conditions Partners") and the relevant acceptance form (hereinafter "Acceptance Form") where compatible with these General Conditions User and in the cases foreseen therein. The User who intends to grant to third parties the use of his boat through the Technological Platform is also referred to as the Boat Owner, while the user who intends to give third parties the use of his berth by the Technological Platform is also referred to as the Marina.
The General Conditions User together with the General Conditions Partner and the relevant Acceptance Form, are also collectively referred to as the "Contract".
MARINANOW DOES NOT PERFORM THE ACTIVITIES OF A MARITIME BROKER BEING PURELY A PROVIDER OF AN INTERNET AND PROMOTIONAL SERVICE IN FAVOUR OF BOAT OWNERS WHO ARE SOLELY RESPONSIBLE FOR THEIR ACTIVITIES OF RENTING BOATS OR PLACES ON BOATS AND ITS LEGAL AND TAX OBLIGATIONS.
3.1 Marinanow, following the terms and conditions laid out in these General Conditions User and General Conditions Partner licenses to the User, regardless of territory, revocable use of the Technological Platform in order to manage the Booking in the manner indicated by Marinanow on the website www.marinanow.com or related suffixes and/or its applications for mobile devices.
The characteristics of the Technological Platform and its operational characteristics and functionality are established by Marinanow and may be modified unilaterally by the latter.
The User acknowledges and agrees that the use of the Technological Platform falls under the category called "Saas" (Software as a Service), provided as is (AS IS), without any operational guarantee neither explicit or implicit, freeing Marinanow from any liability in case of failure or data loss, caused by problems in the use of the Technological Platform.
3.2 The services of the Technological Platform are intended only for people aged equal to or greater than 18 years. Any access or use of the Technological Platform by anyone under 18 is explicitly prohibited. By accessing or using the Technological Platform, you understand and declare that you are at least 18 years.
4.1 The User at the time of the Booking, establishes a direct contractual relationship with the Marina and/or with the Boat Owner which are the only parties responsible to the User for the provisioning of the services referred to in the Booking. Marinanow is not in any way liable for non-delivery of the service in the Booking or for its poor execution, being simply a technology service provider that offers its Technological Platform to the User, the Marina and the Boat Owner for the management and implementation of reservations. The User therefore waives any claims against Marinanow for any direct or indirect damages resulting from failure, incomplete or incorrect execution of the rental or sublet by the Marina or the Boat Owner of berths or boats.
4.2 The User can view the offers of boats and berths through the Technological Platform, even without being registered under the following art 4.3, on the basis of the search criteria available from Marinanow.
4.3 If the User is interested in renting boats or berths, or, if applicable, to rent to third parties - on an occasional basis - the use of a vessel or berth of his own or of which he manages the availability, the User will have to register and create an account ("User Account").
The User Account can be opened by entering an e-mail and password as shown in the Technological Platform.
The User can also open a User Account by using the log in function available on certain third party social networking sites("SNS") (including, but not limited to, Facebook); each of these accounts is called a "Third Party Account". The User can therefore register on the Technological Platform, granting Marinanow access to his Third Party Account, as allowed under the terms and conditions governing the use of each of these Third Party Accounts. The User declares that he has the right to disclose his access information to his Third Party Account to Marinanow and/or to allow Marinanow access to his Third Party Account (including, but not limited to, for the use described herein), without violating any of the terms and conditions governing the use of the Third Party Account, and without forcing Marinanow to pay any fees, or making Marinanow subject to any usage limit imposed by that provider of the third party services. By giving Marinanow access to any Third Party Account, the User understands that Marinanow can access, make available and will file (if applicable) any content provided and stored in the Third Party Account ("SNS Content") so that it is available through the Technological Platform through the User Account and the profile page of the User Account. Unless otherwise specified in these General Conditions User, all SNS Content, if any, will be considered the content of the User for all purposes of these General Conditions User. Depending on the Third Party Account chosen by the User, and subject to the privacy settings selected in the Third Party Account, personally identifiable information published on these Third Party Accounts will be available on and through the User Account and the Technological Platform. If a Third Party Account or an associated service were to become unavailable, or access by Marinanow to such Third Party Account were to be denied by the third party service provider, the SNS Content will no longer be available on and through the Technological Platform. THE DEALINGS WITH SUPPLIERS OF THIRD PARTY SERVICES ASSOCIATED WITH THE THIRD PARTY ACCOUNTS ARE GOVERNED EXCLUSIVELY BY THE AGREEMENTS WITH THE THIRD PARTY SERVICE PROVIDERS. Marinanow does not analyze any SNS Content for any reason, including, but not limited to, the accuracy, legality or the condition of non-infringement of the SNS Content and Marinanow is not responsible for any SNS Content. In order for the User to use the Technological Platform with all the features referred to in these General Conditions User, he will need to create a User Account based on personal data requested by Marinanow or that Marinanow gets through SNS, as explained above. The User may not have more than one (1) User Account active. The user agrees to provide accurate, complete and current information during the registration process and to update the information in order to keep it accurate, current and complete. Marinanow reserves the right to suspend or terminate the User Account and not provide access to the Technological Platform and related services if the User were to create more than one (1) User Account or in the event that any information provided during the registration process or later prove to be inaccurate, outdated or incomplete. The User is responsible for his own password for the User Account. The User declares that he will not reveal his password to any third party and that he will take sole responsibility for any activities or actions related to the User Account, whether or not the User has authorized such activities or actions. The User will immediately notify Marinanow of any unauthorized use of the User Account when he becomes aware of them.
4.4 Following the Booking by the User, and after the approval of the Booking by the Marina or the Boat Owner (as applicable), the User shall pay the Total Price (as defined in art. 5 below).
4.5 The User pays the Total Price of the Booking (see article 5 below) via the authorised payment platform “stripe”® (www.stripe.com), according to the methods indicated in the Technological Platform and those expected by stripe® and the relative General Conditions on the aforementioned authorised payment platform(from now on the “The Authorised Payment Platform”).
However, in some cases, the User may, upon the indication of Marinanow, be entitled to an initial deposit through the Authorised Payment Platform as indicated in the announcement and the remainder may be paid upon delivery of the Charter or the Berth as defined in the Booking. In such case, the Booking will be confirmed upon the payment of the said initial deposit. Payment of the balance can always be made through the Authorized Payment Platform or directly to the Marina or owner of the boat or charter, based on the directions of Marinanow.
In order to complete the reservations, Marinanow will have to share with the Marina or the Owner of the Berth or the Charter and with the Authorized Payment Platforms some information and personal data provided by the User in accordance with Marinanow's privacy policy on the treatment of your personal information.
The User is aware and agrees that the payment made through the Authorized Payment Platform will be considered as a payment made directly to the Owner of the Charter or the Berth or Marina.
4.6 Only upon the completion of the Booking and payment as indicated above, is a contract concluded between the User on one side and the Marina and/or the Boat Owner on the other for the execution of the provisions of the Booking as confirmed by Marinanow.
4.7 Each and any civil or criminal liability inherent in the management of the relationship between the User on one side and the Marina and/or Boat Owner on the other or between Users, as well as all aspects of "customer care", are the responsibility of the Marina and/or Boat Owner as applicable, subject to the customer support services that Marinanow offers at its discretion through the Technological Platform. Rights and obligations under the contract concerning the use of the berth or the boat referred to in the Booking fall directly and exclusively under the responsibility of the User and Marina and/or Boat Owner chosen with the confirmed Booking. Marinanow has no obligation in relation to the use of the berth or boat, to the availability of the same in the period of the Booking or to the correspondence of these characteristics as may be described in brochures, websites and any other and different advertising tool. The Marina or the Boat Owner will be particularly responsible for compliance with applicable regulations with particular reference - by way of example - to consumer rights, the rules of navigation and tax, and the Legislative Decree n. 171 of 18 July 2005, as amended (Boat Code) and in particular Article 42 and following regarding the rental of recreational craft, relieving Marinanow from any responsibility and from any claims that should be raised by Users or third parties about the management and use of berths, boats or any additional services included in the booking confirmation.
4.8 Rental of berths by The User. The User, if permitted by the Marina, can sublet, not as a profession, exclusively through the Technological Platform, the berth confirmed in the Booking. The User may also lease to third party users via the Technological Platform a berth owned by him or available under his jurisdiction for rental to third parties.
4.9 Rental of boats by the User. The User will also be able to lease to third parties, not as a profession, by use of the Technological Platform a boat in his property or of which he has the right to rent to third parties.
4.10 Conditions Particularly applicable in cases where the User rents to third parties not as a profession. To rent a berth or a boat as a private User, the User must load the relevant information for the berth or boat to the Technological Platform, in the appropriate section of the site www.marinanow.com title “My berths for rent” (for the berths) and “My boats for rent” (for the boats) made available exclusively for the private Users that intend to rent them out occasionally (and not as a profession). This function is not available for Boat Owners or Marinas that carry out these rental activites as a profession and for whom Marinanow has a dedicated section of the site called “extranet”.
In the section “My berths for rent” and “My boats for rent”, the User can:
When the user wants to rent a berth or boat not as a profession, he will insert the Total Price (as defined in art. 5 below), to which Marinanow will add a mark-up, for boats 20% of the Total Price and for berths 15% of the Total Price, for use of the technological services relating to the Platform
The payments will be managed directly through the “split-payment” Authorised Payment system of the Technological Platform as in the General Conditions Marinas and Boat Owners.
THE RENTAL CARRIED OUT, NOT AS A PROFESSION, BY PRIVATE USERS ARE SUBJECT TO THE RULES OF 4.8, 4.9 & 4.10. FOR ANYTHING NOT EXPRESSLY MENTIONED IN THESE ARTICLES, THERE WILL BE APPLIED TO THESE NON PROFESSIONAL RENTALS, THE GENERAL CONDITIONS MARINA AND BOAT OWNER WHERE APPLICABLE.
4.11 As previously indicated, Marinanow makes available to its Users through a Technological Platform a virtual "marketplace" that allows Users, Marinas and Boat Owners, to meet online and complete the Bookings online. Marinanow is not the holder or manager of berths or vessels and ancillary services, and does not possess, sell, provide, rent, sublet, manage and/or control property or use of berths or boats of any kind.
MARINANOW DOES NOT CONTROL AND CANNOT CONTROL THE CONTENT INCLUDED IN A BOOKING BY USERS, MARINAS AND BOAT OWNERS NOR THE CONDITION, THE LEGALITY OR FITNESS OF BOOKING. MARINANOW IS NOT RESPONSIBLE AND HAS NO LIABILITY IN CONNECTION TO ANY ANNOUNCEMENT POSTED ON THE TECHNOLOGICAL PLATFORM. ACCORDINGLY, ANY RESERVATION WILL BE DONE AT YOUR OWN RISK. MARINANOW IS ESPECIALLY NOT LIABLE FOR THE QUALITY OF SERVICE THAT MAY BE PROVIDED BY MARINA, OR CREW OF A BOAT SUCH AS A SKIPPER, SAILOR, HOSTESS, COOK, BABYSITTER OR OTHER PERSONNEL WHO THE USER ORDERED AT THE TIME OF BOOKING. MARINANOW, IS ALSO COMPLETELY SEPARATE FROM THE DISCOURSE REGARDING THE BOOKING WHICH EXISTS WITH THE CREW OF THE BOAT. ACCORDING TO THE USES AND CUSTOMS, THE BOARD OF THE SKIPPER AND OF ALL THE STAFF ON BOARD THE BOAT IS THE RESPONSIBILITY OF THE USER WHO RENTS THE BOAT. HOWEVER THE USER IS FREE TO AGREE WITH THE BOAT OWNER DIFFERENT MODES OF PAYMENT OF THE CREW AND THE SKIPPER. MARINANOW IS NOT RESPONSIBLE FOR THE STATE OF ANY ADDITIONAL SERVICES ORDERED BY THE USER THROUGH THE BOOKING, FOR EXAMPLE BUT NOT LIMITED TO, THE OUTBOARD MOTOR, THE GENNAKER, SPINNAKER. THE USER IS EXCLUSIVELY RESPONSIBLE FOR THE USE OF THE BERTH AND BOAT AND WILL PAY FOR ANY DAMAGE CAUSED TO THEM DUE TO HIS GUILT OR NEGLIGENCE. IN PARTICULAR. IF THE MARINA OR BOAT OWNER IS FORCED TO MAKE AN URGENT INTERVENTION DUE TO NEGLIGENCE OR WILLFUL MISCONDUCT FROM THE USER, THE COSTS NECESSARY TO CARRY OUT SUCH MEASURES CAN BE PREPAID BY THE MARINA OR BOAT OWNER AND CHARGED TO THE USER.
The total price which the User must pay for a reservation ("Total Price") is composed of the price of the boat or berth rental ("Price") any costs for selected accessories at the time of the Booking (the "Costs"), VAT or similar if applicable (hereinafter "VAT") and a potential fee in favour of Marinanow for technological services rendered by the latter through the Technological Platform (hereinafter "Marinanow Fee"). Marinanow reserves the right not to apply the Marinanow Fee to the User.
6.1 - The User acknowledges that the right of cancellation for consumer contracts concluded at a distance, of Legal Decree September 6, 2005, n. 206, as amended (the Consumer Code), is not applicable to the services of hiring of means of transport, for services related to leisure where the contract stipulates a date or period of performance as in the case of reservations and for services where performance has been initiated in view of the provision of a boat or berth for specific dates selected by the User at the time of the Booking. In view of the above, the User is aware that the cancellation of a reservation will always involve the application of a penalty equal to 100% of the total price, unless otherwise agreed in writing by e-mail between the User, the Marina and/or the Boat Owner, through Marinanow, or where otherwise indicated in the reservation.
6.2 If in the Booking there has expressly been indicated the possibility to cancel the Booking with an indication of the relevant applicable penalties, then the User who intends to use such a right shall communicate it to the account via Marinanow cancellation@marinanow.com on time as may be specified in the Reservation or otherwise agreed in writing by e-mail with the Marina and / or with the Boat Owner, through Marinanow.
6.3 Any expenses incurred by Marinanow to make repayments to User as a result of such cancellations (bank fees, other administrative fees, etc.) will be the full responsibility of the Boat Owner, the Marina or the User.
6.4 The User is aware that the boat selected through the Technological Platform may be replaced by a similar boat without any possibility of cancellation of the relevant reservation by the User, ie penalties or indemnities in his favour. Therefore, if the User decides not to use the substitute boat, if it is similar to the subject of the reservation (though not identical), he will be required to pay the agreed fee for the entire reservation.
The User agrees not to do the following:
The Technological Platform may contain links to Web sites or resources of third parties. The User acknowledges and agrees that Marinanow is not responsible for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Marinanow of such websites or resources or the content, products or services available from such websites or resources. The User assumes the sole responsibility and assumes all risk arising from the use of such websites or resources or the content, products or services on or available from such websites or resources.
Marinanow reserves the right, in its sole and absolute discretion, and without liability to the User, for any reason, with or without notice, at any time, to close the User Account.
In the case of closure of the User Account, Marinanow will promptly settle any amount that the User at the sole discretion of Marinanow the amount that Marinanow deems reasonable and/or Marinanow is legally obliged to pay. In the event that Marinanow closes the User Account, the User will remain liable for all amounts due in relation to the use of the service under these General Conditions User.
The User may close his User Account at any time through the specific function in the Technological Platform, provided that the User will remain liable for all amounts due in relation to the use of the service under these General Conditions User and any penalties related to possible cancellations of reservations.
If the User Account is canceled for any reason by Marinanow or the User, Marinanow has no obligation to remove or refund to the User any content posted by the User on the Technological Platform, including, among other things any reviews or feedback.
10.1 Marinanow is the creator and author under Law 22 April 1941 n. 633 and subsequent amendments and additions of the Technological Platform and the brand and logo "Marinanow" whether registered, not registered or pending registration in any country of the world, and it reserves all its rights including economic exploitation.
10.2 The following are owned by Marinanow: the Technological Platform, the related operating platform, related software and IT architecture, codes, methods, algorithms, instructions representing improvements of technical, creative or organizational, updates, releases and any and any application and functionality related to the Technological Platform for the creation, activation, management on-line of the business model of which the Technological Platform, and/or for the provision of services to Users. In particular Marinanow has full ownership of the software, know-how, the programs (applications and operating), computer codes, its adaptations, modifications and customizations of the information, instructions and documents, expressed in any form, installed or to be installed, including those relating to and/or developed in connection to the aforementioned website and applications for mobile devices and related business models.
10.3 The User also agrees not to destroy, alter, falsify or move trademarks, distinguishing marks, numbers, names, and generally anything that distinguishes the Intellectual Property Rights including the word "Marinanow" or other writing containing the name and/or logo Marinanow.
10.4 The trademarks, domain names and brands of Marinanow are the exclusive property of Marinanow and may not be used by the User without prior written permission of Marinanow. The above trademarks and brands may be used on invoices and contract documents to be sent to the User.
All disputes arising out of this Agreement, including those relating to the validity, interpretation, performance and resolution, will be submitted to a preliminary attempt at amicable settlement between the User and Marinanow sending a conciliatory proposal to email: claims@marinanow.com. The reconciliation will be inspired by the absence of formality. In case of failure of conciliation within a period of 60 days from the date of submission of the proposed conciliation, disputes shall be resolved exclusively by the competent Court of Cagliari, notwithstanding the application of the rules set out in the Consumer Code, where applicable, in terms of jurisdiction.
Pursuant to the effects of article 1341 and 1342 I declare that I have read and accept the specific clauses of the General Conditions User
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