This document outlines the general terms and conditions for using the website www.selectedboat.com, which offers a marketplace for the promotion and booking of services for boats, vessels, and yachts with crew offered for rental by external providers.
- Definitions
To ensure full understanding and acceptance of these terms and conditions, the following terms, in singular and plural, will have the meanings indicated below:
Owner: BRANDLEE MEDIA DI IOVIERO ANTONY, referred to as SelectedBoat, with its registered office at Via Angelo Cosenza, 11 Scala B – 80062 META (NA), VAT Number / 09967161218.
Application: the website www.selectedboat.com.
Service: marketplace for the promotion and booking of boats, vessels, or yachts offered for rental by Third-Party Providers, and assistance for Providers and Users with online purchases.
Products: the boats, vessels, and yachts, goods and/or services provided by the Third-Party Provider.
Third-Party Provider: the natural or legal person who, acting in the course of their commercial, industrial, artisanal, or professional activity, provides the Products through the Application, whose identification and contact details will be communicated to the user 2 days before check-in.
User: any person who accesses and uses the Application.
Consumer User: an adult individual who enters into a contract for purposes unrelated to their commercial, industrial, artisanal, or professional activity.
Check-in/Pick-up date: date and time of rental start.
Check-out/Drop-off date: date and time of rental end.
Conditions: this contract governing the Service for the promotion and booking of Products offered for rental by the Third-Party Provider through the Application.
- Detailed Information about the Application and the Third-Party Provider’s Offer
The Application provides a Service for the promotion and booking of boats, vessels, and yachts with crew offered for rental by Third-Party Providers, as well as assistance for Providers and Users with online purchases.
The Owner is not a party to the relationship established between Users and Third-Party Providers and assumes no responsibility arising from these relationships, acting solely as a technical manager of the Application.
The Owner agrees to provide the Service in accordance with these Conditions. Specifically, the Owner does not provide any service related to the provision of:
Tours with boats, vessels, or yachts.
Tourist packages, hotel services, transportation, and/or catering services offered directly by Third-Party Providers.
As a mere manager of the Application, the Owner assumes no responsibility for the organization and successful outcome of the rental Service of the Products booked. The Third-Party Provider remains solely and exclusively responsible for the organization and successful outcome of the rental of the Products.
- User Account
To use certain services of the Application, the User must create an account. The user can also make a booking request without an account but must provide all required information. The User agrees to keep their access credentials confidential and not to share them with third parties. The User is responsible for all activities that occur through their account. In case of suspected security violations, the User must immediately inform the Owner.
- Acceptable Use Policy
The User agrees not to use the Application for activities that:
- Violate any applicable law or regulation.
- Infringe on the intellectual property rights of third parties.
- Spread viruses, malware, or any other harmful code.
- Involve the collection or storage of personal data of other users without their consent.
- Scope of the Conditions
Using the Application implies acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and/or any other note, legal notice, or information published or referred to herein, they must not use the Application or its services.
The Conditions can be modified at any time. Any changes will be effective from the moment they are published on the Application.
Before using the Application, the User is required to carefully read the Conditions and save or print them for future reference.
The Owner reserves the right to change, at its sole discretion, at any time, the graphical interface of the Application, the content, and its organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, where necessary, the relevant instructions.
- Booking Products through the Application
The Application allows choosing the Product, the Check-in and Check-out dates and times, and the number of people. Subsequently, the boarding port and the disembarking port will be requested. All bookable Products start from a base tour price, which is the most frequent; customers are informed at the booking request stage of all costs necessary to complete the tour. There may be some errors, inaccuracies, or slight differences between what is published on the Application and the actual Product, as fuel costs, VAT, are often variable, but SelectedBoat will ensure that the Third-Party Provider always applies the best price at the time of booking and the tour. Furthermore, any images of the Products are only representative and do not constitute a contractual element.
Once the Product is chosen, the User will have the opportunity to enter the mandatory fields: name, surname, phone number, email address, tour date, number of guests via a form.
Clicking on the “send message” button will send a message to the third-party provider. Once the request is made, the third-party provider will strive to respond as soon as possible and provide their quote through their account. Once availability is confirmed and an agreement on costs is reached, a link will be sent for the payment of 30% as a booking deposit. The remaining 70% will be requested 5 days before the tour with the same method or, if not possible, the customer can pay by other offered methods or in cash on the boat. The order confirmation will be sent via email to the User at the email address used for the Service, which will include the booking date, booking reference number, User details, characteristics of the booked Product, price, any additional charges and taxes, Check-in and Check-out dates, and cancellation policies.
The booking will not be effective between the parties in the absence of the above requirements.
Bookings can only be modified through a written request sent by email to the Owner. If the request is accepted by the Owner and the Third-Party Provider, the User will be notified and proceed with the change.
The User agrees to verify the accuracy of the data reported in the order confirmation and to immediately notify the Owner of any errors and will keep a copy of their order, the related confirmation, and the Conditions.
Bookings are allowed for individuals only if they are adults. For minors, it must be reviewed and authorized by the parents or those exercising parental responsibility.
At Check-in, the User and the Third-Party Provider agree to conduct a detailed inspection of the Product and its equipment. During the Check-out phase, the User and the Third-Party Provider must re-check the Product to ensure it has not suffered any damage. Any damage to the Product or loss of equipment attributable to the User may be charged to the User at the time of check-out.
- Prices and Payments
For each Product, the price inclusive of VAT, if applicable, is indicated. If the nature of the Product makes it impossible to calculate in advance, the price calculation methods are indicated.
Additionally, all possible taxes and additional charges that may vary depending on the payment method used will be indicated. If these charges cannot be reasonably calculated in advance, the applicable charges will be indicated to the User.
The Owner reserves the right to change, at any time, the price of the Products and any additional costs. It is understood that any price changes will not affect contracts already concluded before the modification.
The User agrees to pay the Product price within the times and methods indicated in the Application and to provide any necessary data requested.
The Application uses third-party tools for payment processing and does not come into contact with the payment data provided (credit card numbers, cardholder name, passwords, etc.). If the user has other payment needs, a written agreement between the parties will be made.
If these third-party tools deny payment authorization, the Owner will not be able to provide the service and cannot be held in any way responsible.
- Invoicing
Users who wish to receive an invoice will be required to provide billing information. The invoice will be issued based on the information provided by the User, which they declare and guarantee to be true, releasing the Owner from any responsibility in this regard.
The invoice will be issued directly by the Third-Party Provider.
- Cancellation of Booking by the User
The Consumer Code (art. 59) expressly excludes the right of withdrawal for contracts for the supply of accommodation for non-residential purposes, car rental services, and services related to leisure activities, if the contract provides for a specific date or period of execution.
- if the User cancels the booking within 24 hours of Check-in, 70% of the price paid excluding service fees will be refunded
- If the User cancels the booking after from 24hours to the start of the tour, he will lose 100% of the amount
- if the User does not show up “no show” he will lose 100% of the amount
The Owner allows the User to cancel the booking under the following conditions:
|
Period |
Refund |
|
24h before check-in |
70% refund of the amount paid, excluding service fees |
|
From 24h to the start of the tour |
No refund |
To cancel, the User must use the cancellation form available on this page and follow the instructions provided by the Application. The cancellation becomes effective only after the Owner sends a notification email of the cancellation.
The refund will be made within a maximum period of 30 days.
- Cancellation of Booking by the Third-Party Provider
The Third-Party Provider may only cancel a booking for serious reasons, specifying the cause (breakdown, overbooking, emergency, unfavorable weather conditions, or other) and providing the Owner with documentation proving the emergency status.
For cancellations requested by the Third-Party Provider less than 48 hours before Check-in, they must notify the User (using the phone number and/or email address used during booking) to communicate the cancellation and reschedule another booking. If an alternative cannot be found or the User does not accept the new proposal, the Owner will proceed with a full refund within a maximum period of 30 days.
For cancellations requested by the Third-Party Provider more than 48 hours before Check-in: the Owner receives a cancellation request notification. At that point, the Owner and the Third-Party Provider will seek an alternative for the User (rescheduling the booking or replacing the Product with another similar or higher category). Once a solution is reached, it will be proposed to the User, who can accept it or request a full refund of the Product within a maximum period of 30 days.
The User understands and agrees that they can only request a refund of the amount paid for the booking service and never hold the Owner responsible in this regard.
For weather-related cancellations requested by the Third-Party Provider: The Third-Party Provider reserves the right to cancel the service in case of adverse weather conditions, for the customer’s safety and to always provide a high-level service. In case of a weather-related cancellation, the Third-Party Provider will reschedule to the next available date in agreement with the User, or if rescheduling is not possible, refund the entire amount paid.
Date changes: If the customer is unable to take the tour and wants to request a date change, the Third-Party Provider will do everything possible to reschedule the tour according to their availability. If availability is not possible with the same boat, the previously mentioned cancellation rules will apply.
- Breakdown
In case of a breakdown of the Product, the Third-Party Provider will provide instructions and, if necessary, reschedule another booking. If an alternative cannot be found or the User does not accept the new proposal, the Owner will proceed with a full refund within a maximum period of 30 days.
- Intellectual Property Rights
All content of the Application, including texts, documents, trademarks, logos, images, graphics, their arrangement, and their adaptations are protected by copyright and trademark protection laws. The Application may also contain images, documents, logos, and trademarks of third parties who have expressly authorized the Owner to publish them on the Application. Except for strictly personal use, it is not allowed to copy, alter, distribute, publish, or use the Content without specific authorization from the Owner.
- Disclaimer of Warranty
The Application is provided “as is” and “as available” and the Owner makes no explicit or implicit warranty regarding the Application, nor does it provide any guarantee that the Application will meet Users’ needs or that it will never have interruptions or be error-free or that it will be free of viruses or bugs.
The Owner will endeavor to ensure that the Application is available continuously 24 hours a day, but cannot be held responsible if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be temporarily suspended without notice in case of system failure, maintenance, repairs, or for reasons beyond the Owner’s control or due to force majeure events.
- Limitation of Liability
The contract regulating the rental and use of the Product will be delivered by the Third-Party Provider at Check-in and will be binding exclusively between the User and the Third-Party Provider.
The Owner will not be held responsible nor will it refund or bear additional costs for losses or damages (direct, indirect, consequential, or punitive) due to:
Inadequate information (descriptive) published on the Application or provided at the time of booking on behalf of the Third-Party Provider, concerning the availability, description of the Products, and their equipment.
Services and Products offered by the Third-Party Provider.
Actions (legal), errors, violations, faults (serious), intentional mismanagement, omissions, negligence, false statements, civil or strict liability for a tort attributable (partially or totally) to the Third-Party Provider or the onboard staff (e.g., skipper, sailor, hostess, etc.), including partial and total cancellations, delays, change of boat, overbooking, strikes, force majeure, or any other event beyond our control.
Any action or fault attributable (partially or totally) to the Third-Party Provider, including any complaints about the condition of use of the Products and their equipment, the quality of extra or optional services requested.
The Owner will not be responsible nor will it issue any refunds regarding the quality of the service and in case of damage to personal property, injuries, losses, or additional expenses incurred, due to actions (legal), errors, violations, serious faults, omissions, negligence, false statements, civil or strict liability for a tort, or any other action/fault attributable (partially or totally) to the onboard staff (e.g., skipper, sailor, hostess, etc.).
The Owner will not be responsible to the User, except in cases of willful misconduct or gross negligence, for malfunctions or issues related to the use of the internet beyond their control or that of their suppliers.
The Owner will also not be responsible for any damages, losses, and costs incurred by the User as a result of the non-performance of the contract for reasons not attributable to them.
The Owner assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment provided outside the platform or not according to the security methods applied by the platform.
The Owner will not be responsible for:
Any business opportunities lost and any other loss, even indirect, that the User may suffer which is not a direct consequence of the breach of contract by the Owner.
Incorrect or inappropriate use of the Application by Users or third parties.
In no case will the Owner be held responsible for an amount exceeding twice the cost paid by the User.
- Insurance and Responsibility
The Third-Party Provider must provide adequate insurance coverage for the rented Products. The Owner will not be responsible for any damages or losses not covered by the Third-Party Provider’s insurance. It is the User’s responsibility at the time of contract signing to read all terms, including the insurance policy terms provided by the Third-Party Provider.
- Severability Clause
If any provision of these Conditions is declared void or unenforceable by a competent court, such nullity or unenforceability will not affect the other provisions of the Conditions, which will remain fully valid and effective.
- Issues and Force Majeure
In case of problems during the experience, the User agrees to immediately notify the Owner of the platform to report the incident and have an instant solution to the problem. SelectedBoat aims to pamper its customers and provide only high-quality services; therefore, any complaint during the experience or problem can be resolved immediately by our Concierge service.
The Owner cannot be held responsible for the failure or delayed fulfillment of its obligations due to circumstances beyond the reasonable control of the Owner due to force majeure events or, in any case, unforeseen and unpredictable events, and in any case, independent of its will.
The fulfillment of the Owner’s obligations will be suspended for the period during which force majeure events occur.
The Owner will take any action within its power to identify solutions that allow the proper fulfillment of its obligations despite the persistence of force majeure events.
- Links to Third-Party Sites
The Application may contain links to third-party sites/applications. The Owner does not exercise any control over them and, therefore, is not responsible in any way for the content of these sites/applications.
Some of these links may refer to third-party sites/applications that provide services through the Application. In these cases, the general conditions for using the site/application and for enjoying the service provided by the third parties will apply to the individual services, for which the Owner assumes no responsibility.
- Reviews
The User agrees to provide a real, accurate, and truthful review of the experience, based solely on their personal experience and not influenced by third parties. Any false, misleading, defamatory review or not supported by tangible evidence (photos/videos) will be subject to immediate removal. Additionally, the User acknowledges that the publication of false or defamatory reviews may result in legal sanctions, including criminal and civil liability, and agrees to indemnify the Owner for any damage resulting from such actions.
- Privacy
The protection and processing of personal data will be carried out in accordance with the Privacy Policy, which can be consulted at https://selectedboat.com/privacy-policy/
The protection and processing of personal data by the Third-Party Provider will be carried out in accordance with the Privacy Policy, which will be provided to the User along with their contact details 2 days before check-in.
- Applicable Law and Jurisdiction
The Conditions are subject to Italian law.
For non-Consumer Users, any dispute relating to the Application, execution, and interpretation of these Conditions is subject to the jurisdiction of the place where the Owner is based.
For Consumer Users, any dispute relating to the application, execution, and interpretation of these Conditions will be subject to the jurisdiction of the place where the Consumer User resides or has elected domicile, if located within the territory of the Italian State, without prejudice to the faculty for the Consumer User to take legal action before a judge different from that of the “consumer’s court” pursuant to art. 66 bis of the Consumer Code, competent for territory according to one of the criteria referred to in articles 18, 19, and 20 of the Code of Civil Procedure.
The application to Consumer Users who do not have their habitual residence in Italy of the possibly more favorable and mandatory provisions provided by the law of the country in which they have their habitual residence is reserved, particularly concerning the term for exercising the right of withdrawal, the term for returning the Products, in case of exercising such right, the methods and formalities of communication of the same, and the legal guarantee of conformity.
- Online Dispute Resolution for Consumer Users
The Consumer User residing in Europe should be aware that the European Commission has established an online platform providing an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve any dispute relating to and/or arising from online sales contracts of goods and services out of court. Therefore, the Consumer User can use this platform to resolve any dispute arising from the contract stipulated online. The platform is available at the following address: ec.europa.eu/consumers/odr/