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Terms and Conditions
Airyachtnboat Terms & Conditions
1. 1. Definitions
The terms defined below in these terms and conditions, whenever they begin with a capital letter, whether used in the singular or the plural, will have the meaning which is designated below.
"Airynb": refers to Airyachtnboat, a company whose registered office is 9, Via Cucchiari, 20155, Milan, P.IVA 07688250963,
"Boat": refers to any watercraft offered for rental on the site (such as and including sailboats, motorboats, houseboats, catamarans, jet skis, etc.)
"Boat Owner": refers to any natural or legal person, professional or individual, who has the ownership of a Boat or manage a boat.
"Boat Renter": refers to any natural or legal person booking a boat for rental,
"Content": refers to any text, graphics, image, video, information or other materials which the boat owner or hirer posts, uploads, publishes, submits, conveys or includes in his/her account to make it available on the site,
"Rental Offer": refers to an offer inserted by the boat owner on the Site
"Rental Offer Price": refers to the price published by the boat owner for the rental,
"Service": refers to the tools that Airynb provides to the Boat Owner and the Boat Renter to communicate and deal autonomously the rental of the boat
"Site": refers to both the website www.airyachtnboat.com and the related mobile site,
"T&Cs": refers to these terms and conditions,
"Token": refers to the fee that any boat owner pay to Airynb for the presence of a Rental Offer in the Airynb site,
"User": refers to any user of the site and the service, whether a boat owner or a boat renter.
2. Acceptance of T&Cs
The use of the Site is subject to these T&Cs. These T&Cs constitute an agreement governing relations between the User and Airynb. They constitute the entirety of the rights and obligations of Airynb and the User and their relative roles. The Parties agree that in case of contradiction between information on the Site and the T&Cs, the latter shall prevail. The User's full acceptance without reservation of these T&Cs shall be deemed given if the User has ticked "I accept the terms and conditions" when creating a User account. If this box has not been ticked, the creation of the User account and use of the Service is impossible and invalid, which the User acknowledges. Airynb reserves the right to make modifications at any time, with the changes taking effect upon publication on the Site. The continued use of the Site constitutes tacit acceptance by the Users of the most recently updated version of the T&Cs.
3. Purpose of the Service
The Service enables Boat Owner and Boat Renter to rent a boat. Each User understands and agrees that Airynb is and remains a third party to the contract between Boat Owner and Boat Renter. As such, Airynb cannot be required to perform the obligations of a User in his/her place and cannot be held liable in respect of a User's breaches of his/her contractual obligations. The deal between Boat Renter and Boat Owner is a rental agreement between Boat Owner and Boat Renter and Airynb is not involved in this agreement but it is only a platform that puts directly in contact Boat Owner and Boat Renter.
4. Access to the Service
4.1. Legal capacity
The Service is restricted to adult individuals and emancipated minors, enjoying full legal capacity and to legal entities who submit unconditionally to these T&Cs.
4.2. Access
To be able to use a User account, the User must have an email address and a mobile telephone number, both of which must be valid for the duration of use of the Service.
5. Use of the Service
5.1. Creating a User account
User, both Boat Owner or Boat Renter must first create a User account by following the procedure as explained on the Site. Users are solely responsible for keeping log-in details for their email inbox and their User account confidential; Airynb accepts no liability for use of the Service by anyone other than the User or a person authorised by the User, with access to his/her username and password. In case of forgotten log-in details or improper use by third parties thereof, the User agrees to inform Airynb promptly by the form at http://www.airyachtnboat.com/it/node/16. The User agrees to update his/her contact information on the Site in case of any changes to his/her email address and/or mobile telephone number.
5.2. Publishing a Boat Listing
Any Boat Owner may freely publish one or more listings to offer a Boat for Rental, subject to the provisions of Article 6.1.1. The Listing must always have at least one photo of the Boat and specify: - the features and location of the Boat, - Nautical qualifications required in the event of a Rental or if this requires the presence of a sailing professional - the Boat's availability dates.
5.3. Publishing a Rental Offer
Any Owner may freely publish one or more Rental Offer. The Rental Offer must always have at least one photo of the Boat and specify the date of the Rental Offer and the price for the Rental Offer that can be per hour, day, week and per high, medium and low season. Airynb will publish the Rental Offer on the Site with the price in euro. The Owner will pay Airynb a Presence Fee for the presence of a Rental Offer in the Airynb site.
5.4. Token
Any Boat Renter will pay to Airynb a daily Token for the publishing of a Rental Offer in the Airynb site. The Token is a daily fee with a price depending from the number of boat feet. This Token will be zero until it is communicated to the Boat Owner. Airynb reserves the right to notify the Boat Renter well in advance.
5.5 User evaluation
Each User can evaluate another User with whom he/she has a Rental contract, by writing a comment and/or by means of a rating system. Only Rentals trips which actually take place qualify for the publication of an evaluation. The comment and the rating will be published on the public profile of the User concerned. Boat Owners' Listings will be ranked according to the quality of comments and/or rating, the frequency of bookings and the timeliness of response on the part of Boat Owners. Users cannot remove a written comment by another User themselves. However, they do have a right of reply to comments. Users can also report any comment which does not conform to these T&Cs to Airynb by http://www.airyachtnboat.com/it/node/16. Airynb reserves the right to remove any post which violates the rules in force (be it racist, discriminatory, contrary to good conduct and public order, etc.) at its sole discretion and to delete any User account in case of repeated inappropriate comments.
6. Obligations of the parties
6.1. User Obligations
The User agrees: - to use the Site and the Service in accordance with these T&Cs and current legislation, - to provide true, lawful, objective information, whilst respecting the laws in force (regarding defamation, incitement to hatred, racism, etc.), - to act in good faith when using the Service and the Site, - have only one User account and not to open a User account for any person other than him/herself - to only use his/her User account for personal purposes, with all actions relating to the User account considered to have been carried out by him/herself, - to regularly update his/her information by logging into the User account - not to give his/her User account to a third person or to another User - to keep log-in details for the User account confidential - to be able to justify his/her certification and/or qualifications mentioned on his/her nautical CV at any time - to comply with administrative and health requirements in force.
6.1.1. Obligations specific to the Boat Owner
The Boat Owner agrees: - to be able to prove ownership of his/her Boat at any time, - to have his vessel registered CVC (Commercial Vessel certificate) - to have declared and/or registered his/her Boat, if required, with the competent authorities - to only offer bookings for Boats which are equipped and maintained, up-to-date with any technical testing, with safety equipment in keeping with its sailing category, up-to-date equipment and regular maintenance, - if required, in case of checks, to make the Special Audit Logbook available to the Renter and the authorities. The Boat Owner understands that Airynb is released from any obligation to provide advice and that he/she will not be able to hold Airynb liable as such. The Boat Owner agrees to conclude Rental agreements directly with the Boat Renter. Airynb will never be held responsible for the rental contract signed between Boat Owner and Boat Renter.
6.1.2. Obligations specific to the Boat Renter
The Boat Renter agrees to conclude rental agreements directly with the Boat Owner, to check, before signing therRental contract, the state of the Boat, the validity of any technical testing, the on-board presence of security equipment in keeping with the sailing category of the Boat and up-to-date equipment. Airynb will never be held responsible for the rental contract signed between Boat Owner and Boat Renter.
6.2 Airynb's obligations
Airynb agrees to do its utmost: - to ensure the smooth operation of the Site in accordance with Article 9 below, - to respond to Users' requests concerning the Service in a timely manner,
7. Conditions of payment for the Rental
The payment for the Rental Offer Price is made by the Boat Renter directly to the Boat Owner according to the Boat Owner payment rules.
8. Availability of the Service and the Site
Airynb agrees to do its utmost to ensure that the Service and the Site are available 24 hours a day, 7 days a week, without interruption other than that which is required for the purposes of remedial or ongoing maintenance. The User is specifically reminded of the fact that the Site and the Service are, like any IT application, liable to malfunction, anomalies, errors and interruptions, particularly caused by connection problems. Accordingly, Airynb does not guarantee the User that the Site and the Service will be permanently available. The User will not be able to hold Airynb liable under any circumstances for any malfunctions, anomalies, errors or interruptions, even assuming that these could have caused any damage whatsoever.
9. Liability
9.1. Disclaimer
Airynb reminds all parties that it is not party to rental contracts between Users. In case of an accident, the User may in no way hold Airynb liable. Airynb is not responsible for managing delays or for the possible management of disputes between Users.
9.2. Disclaimers
In addition to the provisions in these T&Cs, particularly those of Articles 5.1 and 9, Airynb's liability is excluded in the following cases: - improper or illegal use of the Site and/or the Service by the User, - unavailability of the Site and/or the Service in accordance with the aforementioned Article 9, - fraudulent access by a third party to the Site and/or Service, - non-compliance of the the Boat with its Listing, - non-compliance with administrative and health requirements by the User. Moreover, Airynb cannot be held liable in cases relating to the User's compliance with social security and taxation obligations according to his/her status and/or any obligation of advice to Users as such.
9.3. Hyperlinks
The Site may include links to other websites or other internet sources. Airynb does not control these sites and external sources. Therefore Airynb cannot be held responsible for the availability of such external Sites and sources and accepts no responsibility concerning the Content, advertising, products, Services and other available elements. Additionally, Airynb cannot be held responsible for any damage or losses, true or alleged, arising from or in connection with access to, use of or trust in the Content, goods or Services available on these external sites or sources. Airynb is responsible only for the hyperlinks it creates. Any difficulty relating to a link which it has not created must be referred to the administrator or webmaster of the Site in question.
10. Force majeure
The parties agree that the following constitute a force majeure: - extreme weather warnings which prevent all sea travel, - legislative and regulatory changes, - natural disasters, fires, storms, floods, wars and acts of terrorism, strikes within a company, disease, electrical surges and shocks, failures in cooling systems and hardware, jamming and slowdowns of electronic communications networks and, more generally, any event which is unforeseeable by and beyond the control of Airynb and Users.
11. Confidentiality
Airynb agrees to keep confidential any information provided during the creation of a User account. Airynb agrees not to use any data provided by the User for purposes other than that of the Service and, in particular, agrees not to sell the data to third parties for commercial purposes, except for such use required by law or any administrative or judicial authority.
12. Suspension/Termination
The User acknowledges that Airynb has the right to suspend access to the Service and to remove any User account simply by sending an email and without further formalities for any reason, including: - in case of improper or illegal use of the Service especially in case of issues regarding payment (including suspicions of money laundering), - in case of breach of the T&Cs, - in case of particularly negative evaluations by other Users or non-compliance of the Boat with the Rental Offer - in case of the shut-down of the Site and/or the Service by Airynb. The User agrees not to create a new User account subsequently. The User may terminate his/her User account at any time by http://www.airyachtnboat.com/it/node/16.
13. Personal data
The processing of personal data was the subject of an ordinary notification to the responsible for the protection of personal data. In accordance with the Data Protection Act No. 78-17 of 6 January 1978, its implementing decrees and in accordance with the General Data Protection Regulation (GDPR), the User has the right of access, modification, rectification and erasure of personal data concerning him that can be exercised by http://www.airyachtnboat.com/it/node/16. Depending on the user's preferences as declared during the creation of the User's account, the User may receive commercial offers from Airynb. If the User no longer wishes to receive these, they can declare this at any time by http://www.airyachtnboat.com/it/node/16. Airynb collects some of your personal data in accordance with applicable law and the information stipulated in its https://www.airyachtnboat.com/en/cookies-and-privacy-policy. You agree to this processing of personal data and acknowledge it by using the Site or the application and following your registration as a member.
14. Intellectual property
Airynb intellectual property and the logo on the Site are trademarks and remain the sole property of Airynb. No license is granted to the User. Airynb has intellectual property rights relating to the Service and the Site, including software, ergonomics, layout, graphic elements, logo and design of the Site. The User is prohibited from infringing the intellectual property rights owned by Airynb in any way. Users are solely responsible for Content and guarantee Airynb against any claim relating to Content in terms of infringement of third party rights and current legislation and agree to indemnify Airynb for any harm that may be suffered by it and to pay for all damages and expenses (including for legal counsel) it may have incurred as a result. Each User grants free non-exclusive right to reproduce, show, modify, translate, adapt and sublicense Content for the duration of copyright and across the globe, on any digital, analogue or paper media, for commercial or non-commercial purposes.
15. Cookies
When accessing the Site, a cookie (or "local storage" or "cookies") may be installed automatically and stored temporarily in the memory or on the hard drive of the User's device, to facilitate browsing on the Site. Cookies are used to record information relating to the use of the Site (such as pages visited, date and time of access, etc.). Users have the right to prevent the recording of cookies by changing their browser settings. However, this process will delete all cookies used by the browser, including those used by other websites, which can lead to the alteration or loss of certain settings and information. Deleting cookies may alter or or even make browsing difficult for the User on the Site. For more advice, find information on changing these options according to the browser used, available in the "Your tracks" section of the CNIL website: www.cnil.it.
16. Hosting
Name of the host: http:// www.airyachtnboat.com
17. Applicable law
These T&Cs are governed exclusively by Italian law.
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