Terms of Service

By creating an account on the Yacht&Tours portal (hereinafter referred to as Y&T for brevity), the user accepts the following conditions:

1. For each rental, payment is always in advance and is made in a single solution;
2. Payment can be made by credit card, stripe, Satispay, Paypal, or bank transfer. In any case, payment of the rental in cash (even if only partial) between the client and the shipowner is prohibited. In the latter case, the user (shipowner) authorizes Y&T to withhold in compensation - up to the amount of sums and additional charges due for the rental paid in cash - the sums owed to the shipowner for other rentals (current or future);
3. Violation of even one of the above rules gives Y&T the right to cancel the account, reserving the right to any civil and criminal action deemed appropriate. For any dispute, the Court of Torre Annunziata (NA) will have jurisdiction;
4. Every payment made by credit card will be managed by the "Stripe" platform: for this purpose, the user (shipowner) authorizes Y&T to create an account in his name (of the shipowner), with a related dashboard, on the "stripe" platform in "custom" methodology and authorizes Y&T to fully manage the shipowner's account;
5. The user shipowner also authorizes Y&T to manage the deposit of the sums on his "stripe" dashboard for up to 90 days and to authorize, at the end of the rental, the net payment in his favor, after deducting the commission owed to Y&T. In case of booking for rental beyond 90 days, the shipowner authorizes Y&T to withdraw the entire sum from his "Stripe" account and it will be Y&T to pay the shipowner the sums for the rental, after having performed the service.

2 - Fees, service cost, and modularity:

A service tax and a commission are applied to each rental.

The service tax is borne by the client and represents a minimum percentage of the total rental amount, equal to 2%.

The commission, on the other hand, is paid by the owner (shipowner). The commission is a percentage of the rate displayed on the website. This percentage depends on the agreements made between Y&T and the owner. The percentage is equal to 19% of the rental cost, except for particular agreements between the owner and Y&T taken at the time of the host's registration.

The rate displayed on the site (the price paid by the lessee) therefore corresponds to the rental rate, including the commission, to which the service tax is added.

3 - Rental variation (both for the shipowner and for the client) both for date and for type ergo communication to the portal

RENTAL VARIATION BY THE SHIPOWNER: To request a reservation modification:

Contact the client to obtain their consent to the modification.

Click on "modify my reservation".

Choose the item you want to change: price, dates, dates and duration, additional services, or something else.

Check the information, then click on "save".

Your modification request will be taken into consideration, our customer service will study it as soon as possible and will reply by email with an updated contract.

If the requested changes involve a price increase, we will ask the tenant to agree to pay the difference.

If the changes involve a decrease in the rental price, we will refund the client on the credit card used for payment.

RENTAL VARIATION BY THE CLIENT:

To request a reservation modification, go to the Yacht&Tours chat or the booking page.

Contact the owner to obtain their consent to the change. Click on "modify my reservation".

Choose the item you want to change: price, dates, dates and duration, additional services, or something else.

Check the information, then click on "validate".

The modification request will be taken into consideration, our customer service team will study it as soon as possible and will reply by email with an updated contract.

If the requested changes involve a price increase, you will have to pay the difference. If the changes involve a decrease in the rental price, we will refund you on the credit card used for payment.

4 - Insurance on the boat:

all hosts (shipowners) both professional and private are obliged by law to have their own insurance both rc and kasco that covers the activity of renting and leasing and are obliged to upload the data on the Y&T platform in addition to the .pdf of the subscribed policy.

5 - Cancellation

Any cancellation must be the subject of a prior formal communication on Y&T by the Users through the User account (both shipowner and client) and then on the cancellation procedure described on the Site.

A cancellation becomes effective only after the sending by Y&T of an email notifying said cancellation with confirmation of the same.

In case of cancellation not communicated in any case, the costs of the banking and financial transaction and the costs of the platform used will be retained, to which a penalty for the omitted communication equal to 10% of the rental amount will be added.

5.1. Cancellation due to Force Majeure

If the circumstances characterizing a case of force majeure occur

(FORCE MAJEURE:

• special weather bulletins that prevent any departure at sea,
• legislative and regulatory changes,
• natural disasters, fires, storms, floods, wars and terrorist acts, internal company strikes, illness, overvoltages and electrical shocks, failures of cooling systems and computer equipment, blockages and slowdowns of electronic communication networks and,
• more generally, any unpredictable and external fact to the will of Yacht&Tours and Users.)

every User can request (i) the postponement of the booking to a later date or (ii) the cancellation of the booking after having justified said circumstances in writing to Yacht&Tours within a maximum term of 12 hours after the date of Takeover.

If the Rental or Charter had a duration of more than one day, Yacht&Tours will not proceed with the refund of the Lessee's Price, which the Lessee accepts. Yacht&Tours cannot be held responsible in this regard. In the case of a cancellation due to a special weather bulletin that prevents any departure at sea and if the booking was for a duration of less than or equal to one day, Yacht&Tours will refund, within a term of fifteen (15) days by bank transfer the Lessee of the Lessee's Price, after deduction of the Yacht&Tours commission which will be refunded in the form of a credit note valid for one year.

The Owner consequently will not receive the amount due to him (Owner's Price after deduction of the Yacht&Tours Commission). In the context of a booking with a Professional Owner, the weather-related cancellation conditions of Yacht&Tours described above are no longer applicable. Consequently, the commercial conditions of the Professional Owner will prevail. The Professional Owner may offer the Lessee a refund or a postponement according to his commercial conditions. In case of a refund, the Professional Owner will refund the Lessee's Price after deduction of the Yacht&Tours commission which will, instead, be refunded by Yacht&Tours in the form of a credit note valid for one year.

5.2. Cancellation due to the Owner

The Owner cannot request the cancellation of the Rental or Charter he has accepted, except in case of force majeure. In the event that for serious personal reasons accepted by Yacht&Tours, the Owner cancels a booking, Yacht&Tours will strive to propose to the Lessee another equivalent Boat for the period in question. In the case where no alternative solution is found, articles 5.2.1 and 5.2.2 apply. Starting from two abusive or unjustified cancellations, Yacht&Tours reserves the right to delete the User account of the Owner. However, in the case where the cancellation request by the Owner was motivated by the inability of the Lessee to justify his diplomas or his qualifications as mentioned in his nautical CV, this cancellation will be considered justified. The Lessee will in no case be entitled to a refund of the Lessee's Price. The Owner will receive the Owner's Price, after deduction of the Yacht&Tours Commission.

5.2.1. Cancellation due to the Private Owner

In the case where no alternative solution is found or in the case where the cancellation request of the booking by the Owner was motivated by the manifestly insufficient level of navigation of the Lessee, actually observed in real conditions by the Owner on the day of Takeover (except in case of inability to justify the diplomas or qualifications of the Lessee), even this cancellation will be considered justified. The Lessee will be fully refunded the Lessee's Price after deduction of the Yacht&Tours Commission within a term of fifteen (15) days by bank transfer. The Private Owner consequently will not receive the Owner's Price, after deduction of the Yacht&Tours Commission.

5.2.2. Cancellation due to the Professional Owner

In the case where no alternative solution is found or in the case where the cancellation request of the booking by the Owner was motivated by the manifestly insufficient level of navigation of the Lessee, actually observed in real conditions by the Owner on the day of Takeover (except in case of inability to justify the diplomas or qualifications of the Lessee), even this cancellation will be considered justified. The Lessee understands and accepts that he can request the refund of the Lessee's Price (after deduction of the Yacht&Tours Commission) only directly from the Professional Owner, without ever being able to involve the responsibility of Yacht&Tours in this regard. In this case, the Professional Owner undertakes to refund the Lessee of the Lessee's Price.

5.3. Cancellation due to the Lessee

The Lessee can cancel the booking under the cancellation conditions defined by the Owner and indicated in the Announcement among the available options: Flexible cancellation terms · Full refund up to 3 days before arrival, excluding Yacht&Tours handling and service fees Moderate cancellation terms · 70% refund up to 10 days before arrival, excluding Yacht&Tours handling and service fees Strict cancellation terms · 70% refund up to 30 days before arrival, excluding Yacht&Tours handling and service fees Customized cancellation terms: The cancellation conditions applicable by the Owner are those indicated in his announcement under the name of "Cancellation conditions". Yacht&Tours undertakes to refund the Lessee the Lessee's Price according to the applicable cancellation conditions, after deduction of the Yacht&Tours Commission within a maximum term of fifteen (15) days. In the case of a rental or charter with a Professional Owner, his cancellation conditions apply and these are indicated in the Boat's Announcement.