Wesailin » Terms and conditions

GENERAL TERMS AND CONDITIONS OF USE

BOOKING SERVICE THROUGH PLATFORM: "WESAILIN"

The following general terms and conditions govern the use of the booking service through the digital platform: “WESAILIN”. They are binding for all users who use the services offered. Please read them with special attention.

The following General Terms and Conditions govern only the relationship between the End User and the owner of the online platform “Wesailin”.
This page as well as its content, structure and the booking service provided through online channel are the property of Wesailin S.r.l. and are provided for personal use only, with non-commercial (B2C) purposes, according to the discipline contained in the following terms and conditions.
Relations with the owners of the boats listed in the ads are governed by other contractual terms and conditions governing the business relationship (B2B) that Wesailin S.r.l. has with each of them.

1. DEFINITIONS

Wesailin S.r.l.”: referred to as Wesailin S.r.l., a company governed by Italian law with registered office in Sorrento (Na), at Viale degli Aranci n. 59 (C.f. and N. iscr. Registro Imprese: 09773741211);

User”: is the end user of the online booking service through the platform;

Owner”: is the natural or legal person, professional or private, owner of the vessel or boat that is the subject of the advertisement published on the platform: www.wesailin.com;

Advertisement”: indicated an offer of Lease or Rental published on the online platform and stating the specific conditions of Lease or Rental decided by the Owner;

Platform”: means the website www.wesailin.com on which the online booking service is made available;

Booking Service”: means at the same time, the service of putting in contact, solely through the on-line Platform, between the Owners of the vessels and the End-Users with the aim of facilitating the Lease or Rental of recreational vessels and boats, as well as the tool for managing reservations and payments with the Users;

Reservation”: is the confirmation of the Lease or Rental by payment to Wesailin S.r.l. of the final price;

T&C”: are these general conditions of use governing the relationship between Wesailin S.r.l. and Users;

Vessel”: for the purposes of the following T&Cs only, means any nautical vehicle offered for Rent or Hire by an Owner according to the published advertisement;

Lessee”: is any person or entity that books a Vessel for its Lease;

Charterer”: is any person, natural or legal, who books a Vessel for his or her Rental:

Lease or Hire“: designates the lease or hire of a Vessel by an Owner to a Hirer or Charterer:

Final Price”: is the total amount paid by the User for the Rental or Hire of the Boat, including also the commission due by the Owner to Wesailin S.r.l. for the publication of the advertisement on the Platform;

2. CONDITIONS OF USE OF THE SERVICE

The use of the booking service is reserved, exclusively, for natural persons of full legal age who are fully capable of acting as well as legal persons who can unconditionally submit to the prensent T&Cs.

3. ACCEPTANCE

These T&Cs form a contract that exclusively governs the relationship between the User and Wesailin S.r.l.
The User makes a full and unconditional acceptance of these “T&Cs” when booking the service by checking the box “I accept the General Terms and Conditions” and clicking on the relevant button and by checking the subsequent box “Specific acceptance of vexatious clauses” and clicking again on the relevant button.
The parties agree that in case of contradiction between the information on the Portal and these T&Cs, the latter shall always prevail.

4. SUBJECT​

Wesailin S.r.l. is not the owner, concessionaire, custodian, lessee or hirer of any vessel, nor does it carry out on behalf of third parties, activities of leasing or renting of vessels and other boats.
The company offers only a service of an advertising nature that consists in promoting, through its online Platform, the contact between the Owners of the boats and the Users who intend to take them on Lease or Rent.
The User, therefore, understands and accepts that Wesailin S.r.l. is a third party, completely unrelated to the Lease or Rental relationship that will arise solely with the Owner of the boat as a result of specific and separate contract that the same will independently enter into with the latter.

The discipline and regulation of the conditions of Lease and Rental, therefore, will be exclusively that contained in the contract that the User will go, independently, to conclude with the Owner of the boat, without any intervention or supervision by Wesailin S.r.l.
The User and the Owner will be the only ones bound to the Lease or Charter contract concluded between them.

5. AD​

The content of the Advertisement published on www.wesailin.com is decided, edited and elaborated by the Owner of the boat.
Wesailin S.r.l. merely allows the publication of the advertisement on its Platform and therefore, disclaims any liability regarding the possible untruthfulness of the data contained in the advertisement published on its Platform or in the event that the boats do not correspond to the images and characteristics described in the advertisement.

6. PRICE​

The price for the Rental or Hire of a Boat is established by the Owner who communicates it to Wesailin S.r.l. in the Ad to be published.
The final price paid by the User also includes what will be owed to Wesailin S.r.l. by the Owner of the boat as consideration for the publication of its Ad on the Online Portal.
No amount will be demanded by Wesailin S.r.l. from the End User as payment will be made exclusively by the Boat Owner.
The profits of Wesailin S.r.l., in fact, derive exclusively from the amounts paid by the individual Owners as consideration for the publication of the Ad on the Platform.

7. PAYMENTS​

At the time of booking, the User pays the final price indicated in the Ad, by means of one of the payment systems permitted by the Website.
The amount thus paid will be credited to a bank account in the name of Wesailin S.r.l., which will transfer it to the Owner of the boat.
The Owner, concurrently with the receipt of this sum will provide for the payment of the amount due to Wesailin S.r.l. as consideration for the publication of the Ad on the Online Portal.
Nothing is paid by the End User to Wesailin S.r.l. for the service used, which remains entirely the responsibility of the Owner.

8. OBLIGATIONS OF THE PARTIES

8.1. Obligations of the User.
The User undertakes to:

8.2. Obligations of Wesailin S.r.l.
Wesailin S.r.l. for its part, undertakes to:

9. CANCELLATIONS​

If the User decides to cancel or cancel the reservation already made by giving notice to Wesailin S.r.l. at least 7 days before the date of departure, Wesailin S.r.l. will refund the User 80% of the final price paid retaining, on behalf of the Owner, the remainder as a penalty.

In the event that the cancellation is communicated by the User to Wesailin S.r.l. less than 7 days before the date of departure and similarly in the event of no-show at the embarkation on the scheduled day, the User shall not be entitled to any refund of the amount paid.

It is understood that the cancellation notice, in order to be valid, must be transmitted to Wesailin S.r.l., with the above-mentioned timing, by e-mail to be sent to the address: info@wesailin.com, considering invalid any notice that should be transmitted in any other way.

10. WEATHER CONDITIONS

If User and Owner agree that the weather conditions do not allow the safe use of the rented or leased vessel, the same may agree to postpone the rental or lease by giving timely notice to Wesailin S.r.l.

The User declares to recognize and accept that any claim for reimbursement of sums for failure to carry out the Lease or Rental connected to weather conditions or any other cause other than those identified in art. 6 above, must be addressed exclusively to the Owner being excluded as of now any liability on the part of Wesailin S.r.l.

11. LIABILITY WAIVER CLAUSE

The User declares that he/she is aware and accepts that Wesailin S.r.l. is merely a manager of the notice board published on the Digital Platform of which it is the owner.

Therefore, Wesailin S.r.l. is not liable to the User for the truthfulness of the data indicated in the Ad published on the site, nor for the correspondence of the photos depicting the boat to its real condition, it being understood that these are statements and photographic surveys provided directly by the Owner who assumes full responsibility towards the User.

All rights and obligations relating to the rental or lease originate from the contract between the User and the Owner, concluded between these two parties in an absolutely free and independent manner, excluding any interference and therefore responsibility of Wesailin S.r.l.
For this reason, Wesailin S.r.l. cannot be held liable to the User for any breach, of any kind, attributable to the Lease or Rental relationship.

Similarly, Wesailin S.r.l. cannot be held liable, nor can it be called to account, for the collection, withholding, sending or payment to the competent authorities of taxes applicable to the cost of the Lease or Rental as it does not act or operate under any circumstances as a seller or provider of the service made available on its Platform.

12. APPLICABLE LAW AND JURISDICTION

These General Terms and Conditions as well as the services provided by Wesailin S.r.l. are governed by and construed in accordance with the Law of the Italian State.
Any dispute arising from the application or interpretation of these General Terms and Conditions of Use or otherwise occasioned by or relating to the booking service through the Wesailin Platform shall be devolved to the exclusive jurisdiction of the Court of Torre Annunziata.

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