TERMS AND CONDITIONS OF USE
These terms of condition and use apply to bookings made on the Site https://mistralsailing.it and are intended to put a User in contact with a Landlord for the rental or lease of a boat through the online platform developed by Antares SRLS.
Article 1 - Definitions
Antares SRLS: Simplified limited liability company, registered with the Register of Companies of the Chamber of Commerce of Genoa, registered with R.E.A. no. 486564. GE, with registered office at Corso Italia 22/12b 16145 Genoa, VAT No. 02442120990
Lessor: an individual or legal entity, owner or operator of a boat or his representative, who is engaged in the business of chartering or leasing boats in a professional capacity and who wishes to make a boat available to a User through the Site.
User: an individual or legal entity wishing to rent a boat from a Lessor through the Site.
Site: https://mistralsailing.it or other website owned by Antares SRLS.
Services: connecting legal entities or individuals wishing to rent a boat with individuals wishing to rent or lease a boat through the online platform developed by Antares SRLS.
Cost of services: fees payable to Antares SRLS as compensation for its services.
Article 2 - Purpose and Scope
These General Terms of Use (hereinafter referred to as the "General Terms") apply to bookings made on the Site and are intended to put a User in contact with a Landlord for the charter or lease of a boat. Antares SRLS puts in contact a Lessor seeking to rent a boat and a User seeking to rent or lease a boat, through an online platform. As an intermediary, Antares SRLS is not a party to the charter or lease agreement, which is entered into directly between the Lessor and the User. The General Conditions do not govern the relationship between the Lessor and the User, which is governed by the rental or lease agreement. If any of the clauses of the General Conditions are found to be null and void or abusive, the contract shall remain valid in all its provisions, except those deemed null and void and abusive, if the same contract can subsist without such clauses.
Article 3 - Acceptance of the General Conditions
The General Conditions are available to any Landlord or User on the Antares SRLS website. The User may use the Services of Antares SRLS only upon acceptance of the General Conditions. Before any booking and registration on the site, the User declares that he/she has read and accepted the General Conditions by ticking the corresponding box.
Article 4 - Registration on the mistralsailing.co.uk website.
4.1 User registration conditions
Registration on mistralsailing.co.uk as a User is free of charge and open to any person who has the authority to enter into a contract. The User shall provide his or her full identity, address, and a telephone number at which he or she can be reached. The User must register on the Site with his/her real identity.
4.2 Exclusion
Antares SRLS reserves the right to exclude at any time and without notice a User who does not comply with these General Terms and Conditions. Any incorrect information communicated to Antares SRLS may result in termination of the User's access to the Services.
4.3 Confidentiality
Identification codes for access to personalized areas of the site are personal and confidential. the User is fully responsible for the use of their confidential codes. In case of loss of access to these data by third parties, the User must promptly inform Antares SRLS who will proceed to update these identification codes.
Article 5 - Operation of services
5.1. Listings of boats for hire or lease
Listings are published and updated automatically on behalf of the Lessor, as a result of the Lessor's subscription to the booking software owned by MMK Systems d.o.o. , which in the service subscription contract has been authorized by the Lessor to share information and real-time availability of its vessels with third-party agents. The advertisements must indicate in particular the following information: identification of the boat(s) (model/year/technical characteristics/equipment); rates applicable according to the rental or lease periods; place of delivery of the boat(s); one or more pictures of the boat(s) of which the Lessor authorizes and guarantees free reproduction on the Site. The Lessor may freely and at any time delete the above information by written request to info@mistralsailing.it. The User of the Site has access to all ads posted by the Landlord through an algorithm that identifies the boats best suited to his/her needs. The classification of default offers is done based on the relevance of the ad. The classification of ads is independent of any fees paid by the Lessor. In any case, the content and veracity of this information is not the responsibility of Antares SRLS. The Landlord is solely responsible for the information transmitted, as well as solely responsible with regard to the ownership of the images and documents shown in the respective ads.
5.2 Reservation by the User
The User can send the Landlord a request for a quote through the Antares SRLS platform. The transmitted quotes are temporary and have a limited duration. Antares SRLS advises the User to opt for the charter or lease of the boat they wish to book. The reservation of the boat by the User under the conditions proposed by the Lessor is realized by the payment made by the User of the deposit required by the Lessor. Regardless of the method of reservation, the User is informed that the option request, charter or lease of the boat is not guaranteed until the confirmation of the reservation. Antares SRLS recommends that the User wait for confirmation of the reservation before incurring any additional costs for the charter or rental of the boat.
5.3 Confirmation of the reservation by the Landlord
The User is informed of the confirmation of the reservation by e-mail. In the event that the Landlord has formalized the reservation with a written rental or lease agreement, Antares SRLS sends the User a draft of the rental or lease agreement provided to him/her by the Landlord and the necessary documents for the rental or lease. Upon receipt of the rental or lease agreement from the Landlord, the User shall return the signed agreement to the Landlord via e-mail. If the Lessor fails to confirm the reservation within 4 working days, Antares SRLS will refund the amount of the deposit paid by the User free of charge. It is clarified that no compensation or damages can be claimed by the User in case of failure of the Lessor to confirm the reservation.
5.4 Stipulation of rental or lease agreement
Antares SRLS is not a party to the rental or lease agreement that is entered into directly between the Lessor and the User. The Lessor and the User are solely responsible for negotiating, entering into, executing, defaulting, expiring, and terminating the rental or lease agreement entered into between them. Antares SRLS cannot be held liable in this regard.
Article 6 - Hire or lease of the boat
6.1 Skipper and crew
In principle, the offers on the Site provide for the rental of boats without a crew. The Lessor reserves the right to check the navigational skills of the User and any crew. In the event that the navigation skills of the User or his crew are deemed insufficient, or if the skipper hired by the User is not available, the Lessor shall have the right to cancel the charter at the User's expense, unless the User succeeds in hiring another skipper at his own expense. In the event of cancellation due to lack of sufficient navigational skills, the lease shall be deemed cancelled for cause by the Utilizer and shall give rise to the cancellation charges set forth in Article 7. In the event that a skipper is hired, the User remains fully responsible for the boat and its crew throughout the duration of the charter or lease.
6.2 Travel documents and navigation permits
The User is solely responsible for the compliance of travel documents, passports, any visas and vaccination certificates, and sailing permits, for himself/herself and accompanying persons, according to the regulations of the countries concerned. Any cancellations, refusals of boarding, reductions of the charter or rental period due to non-compliance of travel documents, visas, vaccination certificates, and navigation permits shall be considered as cancellation and shall be the responsibility of the User and will therefore give rise to the cancellation charges as set forth in Article 7.
6.3 Checks before taking over the boat
Verification of the information provided by the Lessor and the User (identity, condition and equipment of the boat, navigational skills, creditworthiness) is the responsibility of the Lessor and the User. The User may be required, according to the lease or rental agreement with the Lessor, to pay a security deposit before taking delivery of the boat. Antares SRLS shall not be liable for any disputes regarding the security deposit or refund of deductibles, particularly in the event of damage on board or delay in returning the boat.
6.4 Use of the boat
Any boat rented or leased through the Site may be used only for pleasure boating, to the exclusion of any commercial, professional fishing, transportation, racing or other operations, unless this is provided for in the lease or rental agreement in agreement with the Lessor. The latter assumption will involve special rules and obligations for this type of contract, such as special insurance contracts, administrative procedures, etc., which the User and the Lessor must strictly comply with. The User undertakes to make reasonable use of the rented or leased boat. He/she agrees in particular to comply with applicable navigation and customs regulations, as well as safety instructions given by the Lessor, to ensure routine maintenance of the boat and to keep it in good condition. Sub-chartering or subleasing of the boat is strictly prohibited. The User agrees to take on board only the authorized number of persons. In the event of damage occurring to the boat or to third parties during the rental or lease period, the User is required to notify the Lessor urgently by requesting instructions. Pending these instructions, the User will be required to have a report drawn up detailing the incident. Under no circumstances can Antares SRLS be held liable for any damages or conditions of navigation.
Article 7- Modification and cancellation of rental or lease
Cancellation and modification of the rental or lease by the Lessor or the User shall be governed by this Article. However, if the Landlord has formalized the reservation in writing through the rental or lease agreement and the User has returned the signed agreement to the Landlord, the terms of modification and cancellation of the rental or lease shall be governed solely by the terms of such rental or lease agreement and the law applicable thereto.
7.1 Reservation change conditions
If the User intends, for any reason, to change his/her reservation (vessel model, date, destination, etc.), he/she should inform Antares SRLS, who will try to find a solution that satisfies the User, in which case a handling fee of 150 € will be charged, in addition to any additional costs associated with the change of reservation. However, Antares SRLS does not guarantee that the reservation can be changed. In the event that a solution satisfactory to the User is not found and the User ultimately chooses to cancel the rental or lease, the User will be subject to the cancellation conditions described below.
7.2 Rental or lease cancellation conditions
In the absence of the signature or simple acknowledgement of a contract by the User, the applicable cancellation conditions are as follows: the User may cancel the rental or lease reservation up to 40 days prior to departure, subject to a cancellation fee of 50% of the rental or lease price. 42.5% of the rental or lease price is retained by the Landlord and 7.5% by Antares SRLS as service fees. If the User cancels the reservation in the 40 days prior to departure, the full price of the rental or lease is retained by the Lessor and the service fees remain outstanding. The service fees owed by the User to Antares SRLS remain payable by the User in the event that the Lessor decides to waive all or part of the cancellation fees (even if the boat is rented or leased to another client on the same dates).
7.3 Adverse weather conditions and force majeure events
It should be noted that weather conditions encountered during the rental or lease period are a risk accepted by the User. The User declares that he/she is aware that the price of the charter or lease will not be returned to him/her, either in whole or in part, even if weather conditions prevent navigation and force the boat to remain in port or at anchor. A User who refuses to take possession of the boat, or who discontinues the charter or lease before the expiration of the charter or lease period for any reason whatsoever, shall not be entitled to any refund, either in whole or in part, either from the Lessor or from Antares SRLS, nor in proportion to the number of days not spent on board the boat. If the boat is not available on the dates of the charter or lease, the Lessor will use its best efforts to offer the User a boat of equivalent quality. If boats of equivalent quality accepted by the User are not available, the Lessor agrees to reimburse the User for the amount paid in accordance with the contractual terms of the charter or lease and applicable law. Should the User and the Lessor fail to reach an agreement regarding the performance of the charter or rental contract, and in particular in the event of cancellation of the reservation by either party, the User and/or the Lessor may contact Antares SRLS in the manner provided in Article 11 "Mediation". Antares SRLS then undertakes to act as a mediator and do everything in its power to help the User and Landlord find an amicable solution to the dispute that has arisen between them.
7.4 Coronavirus (COVID-19) Policy.
If the User or Lessor cannot honor the performance of the rental or lease agreement due to exceptional circumstances related to the coronavirus epidemic (COVID-19): The Lessor may propose a credit that the User may use within a maximum period of eighteen months. The amount of the credit will be equal to the amount of all payments made by the User. In the event that the credit is proposed, the User may not request a refund of the price paid for the reservation for the entire period of the credit. The Landlord then agrees to offer the User a new service that allows him to use his credit and that meets the following conditions: The service offered will be the same or equivalent to the service provided in the initial contract; The price of the proposed service will not be higher than the price of the service provided in the initial contract or, if higher and accepted by the User, the User will be required, if necessary, only to pay the payment corresponding to the balance of the price of this new contract; Please note that Antares SRLS is an intermediary that facilitates the contact between the User and the Lessor. Modification, postponement, and cancellation of the boat rental or lease contract, including due to the exceptional circumstances related to the coronavirus outbreak (COVID-19), are the sole responsibility of the User and the Lessor. For some Landlords, their specific cancellation conditions may prevail.
Article 8 - Payment arrangements
The amount of the deposit and the rental or lease price to be paid by the User shall be determined by the Landlord. Failure to meet the payment terms by the due dates will be equivalent to cancellation of the contract by the client. Administrative costs will then be retained. Payment of the deposit and rental or lease price shall be made directly by the User by bank transfer from Antares SRLS or directly from the Lessor. Antares SRLS shall not be held liable for any insolvency of the User or the Lessor. Bank details provided by the User during an online payment are not retained by the Site. Any online payment is final and the User agrees not to request a refund of the reservation price from its banking provider in the event of difficulties in the execution of the rental or lease agreement.
Article 9 - Insurance
The Lessor declares that it has taken out an all-inclusive insurance contract covering the liability of the User for the entire duration of the rental or lease period. The underwritten insurance shall provide coverage for the following: all damages that may be caused to the boat, its accessories and outbuildings; - losses due to damage; consequences of the User's liability in case of claims by third parties. The Lessor shall draw the attention of the User to the risks covered and not covered by the insurance contract concluded by him and to the geographical coverage of that contract. He shall also, if the User so requests, provide him with a copy of said contract. The User and the persons traveling on the boat have the right to take out additional insurances with a specialized company to cover risks not covered by the Lessor's insurance (cancellation insurance, repatriation insurance, individual insurance of all persons transported, reimbursement of deductibles). Antares SRLS recommends additional insurances. Antares SRLS does not directly insure any of the rentals offered through its Services.
Article 10 - Liability
Beyond the precautions taken by Antares SRLS to ensure the availability and proper functioning of its Site, suspensions or interruptions are always possible. Any liability of Antares SRLS in this regard is excluded. As a mere intermediary in the rental or lease agreement, Antares SRLS can in no way be held liable for damages arising directly or indirectly from the negotiation, stipulation, execution, non-performance, expiration and termination of the rental or lease agreement entered into between the Lessor and the User. The Lessor and the User acknowledge and agree that Antares SRLS has no obligation to verify the actual solvency of the Lessor or the User, nor the condition, proper operation, or seaworthiness of the vessels offered for charter or lease. It is the responsibility of the Lessor and the User to make such checks, any liability of Antares SRLS in this regard being expressly excluded. Similarly, Antares SRLS cannot be held liable for direct or indirect damages related to the conduct of the Lessor or the User and their failure to comply with applicable regulations. Finally, it should be noted that Antares SRLS cannot be held liable for the loss of personal belongings by the User during the period of charter or lease of the boat.
Article 11 - Mediation
From the moment the rental or lease agreement is entered into between the User and the Lessor, any dispute likely to arise regarding the performance or termination of the rental or lease agreement shall be subject to the provisions of the rental or lease agreement and the legislation applicable to the latter. In the event of a disagreement between the Lessor and the User, any complaints may be sent by the User or the Lessor to Antares SRLS at the following address: info@mistralsailing.it Antares SRLS then undertakes to act as a mediator and to do everything in its power to help the User and the Lessor find an amicable solution to the dispute that has arisen between them. The Lessor and the User agree to forward to Antares SRLS any documents supporting their claim.
Article 12 - Personal data
The personal data that Landlords and Users provide by filling out the forms available on the mistralsailing.it website, i.e. last name, first name, address, e-mail, telephone, tax code are intended exclusively for Antares SRLS and processed in accordance with the provisions of the law. The collection of these data is necessary for the purposes of the activity of Antares SRLS, which transmits them to the Lessor/User to enable mutual contact. Landlords and Users have the right to access, modify and delete data concerning them. They may at any time send a request for information, modification or deletion of personal data concerning them to the following address: info@mistralsailing.it. Landlords and Users have the right to object to the processing of data concerning them, to request a restriction of processing, and the right to data portability.
Article 13 - Intellectual Property
Antares SRLS holds the exclusive ownership of the contents of the Site therein including, by way of example but not limited to: texts, documents, images, logos, photographs, page layout, design, know-how; some of the aforementioned contents may be covered by copyright, trademarks, patents, models and/or other industrial and intellectual property rights recognized by the Italian and international legal system. Any use and storage, of the above content and any other content on the site is expressly prohibited for any kind of use whether private or commercial. The Landlord remains the sole owner and responsible for documents and photographs within the ads automatically published by the booking software.
Article 14 - Applicable law and jurisdiction
14.1 Disputes between the User or Lessor and Antares SRLS.
These General Terms and Conditions are subject to Italian law. Any dispute arising from these General Terms and Conditions and our services shall be the exclusive jurisdiction of the competent Court of Genoa. By using the services of the Site, the customer expressly agrees that the place of jurisdiction is Genoa.
14.2 Disputes between the Lessor and the User
In the event of a dispute arising from the interpretation or performance of the rental or lease agreement, the law and competent court shall be those stated in the rental or lease agreement.
Article 15 - Legal Notes
The Site https://mistralsailing.it is the property of Antares SRLS, registered with the Register of Companies of the CCIAA OF GENOA, enrolled in R.E.A. no. 486564. GE, with registered office at Corso Italia 22/12b 16145 Genoa, VAT 02442120990. Contact info@mistralsailing.it
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