TERMS AND PRIVACY

Premises

1.1. These General Conditions constitute and document a legally binding contract between the User and Letyourboat S.r.l., Via Lomellini 2/3, Genoa, Codice Fiscale and P. IVA 02560230993 [hereafter Letyourboat].

1.2. Letyourboat S.r.l. owns the registered Letyourboat brand, the online internet portal www.letyourboat.com and a mobile application of the same name [hereafter LYB Portal].

1.3. Letyourboat s.r.l. also operates as a registered On Line Travel Agent (OLTA) (SUAP of the Municipality of Genoa, prot. 0090773.U of 11/03/2021).

1.4. Through the LYB Portal, Letyourboat performs digital marketing activities and promotes the adverts of nautical and touristic operators, which they themselves can insert with a description, dates of availability, prices and conditions of their Products and Services in order to receive bookings; visitors to the website [hereby Guest] can search for the Products and Services, make reservations and process payments.
The operators that publish adverts are:

Boatowners and/or charter operators who own boats or vessels [hereafter Host]

Guest Assistant, providers of Nautical Services related to the sector of boating and the nautical world [Hereby Guest Assistant];

Tourist Suppliers/Operators, Tourist Service Providers (e.g. Catering, excursions, touristic experiences, ticket office, etc.) [hereafter Suppliers/Tour Operators];

Insurance Brokers, providers of Insurance Products to cover users’ risks [hereafter Insurance].

1.5 The LYB portal consists of access to the www.letyourboat.com website and/or through any other website and/or mobile application through which Letyourboat makes the information available.

1.6 Letyourboat stands out for being the platform for the rental or lease of a boat or vessel that allows the Host to delegate, if they wish, an operational partner (the Guest Assistant) who will assist the Guest during check-in and check-out and in the provision of Nautical Services. In addition, Hosts and Guests in turn can use optional Tourist Services offered by the Supplier/Tour Operator (e.g. Catering, excursions, ticketing, etc.).

1.7 Host, Guest, Guest Assistant and Supplier/Tour Operator are collectively defined as “Users”.

1.8 Using the LYB Portal, the Users expressly agree to these General Conditions.

Portal features and user relationships

2.1 To use the LYB Portal, you must register as a User. To register a Product, Service or to make a Booking, you must register on the LYB Portal by creating an account and providing the personal data necessary for the management of bookings in accordance with the methods and models prepared by LYB. Registration is free of charge.

2.2 To register as a User on the LYB Portal as a physical person, you need to be at least 18 years of age; by accessing/or using the LYB Portal, you declare and guarantee that you are 18 years of age or older and have the legal requirements necessary for the completion of contracts. If you are a legal entity, you declare and guarantee that you have the proxies, permissions, licenses and powers to sign these General Conditions as well as to enter into the resulting commitments and obligations for yourself and your own guests.

2.3 The information relating to Products and Services and to their availability, present on the LYB Portal, are based on how they are entered, declared and guaranteed by the Host and/or Guest Assistant and/or Supplier/Tour Operator.

2.4 Letyourboat exclusively verifies the validity of documents proving the identity and property rights of the Products or management of the Services being published.

Any reference to the fact that a Host has been “verified” solely indicates that the same Host has completed the relative identification procedure.

2.5 Letyourboat does not have any control over the conduct of Hosts, Guests, Guest Assistants, Supplier/Tour Operator and other Users of the site, nor of the status or availability of the boats, nor the Products and Services; Letyourboat therefore declines any responsibility for this, to the extent permitted by law.

2.6 The User is not granted any intellectual property rights or licenses to that which is owned or controlled by Letyourboat.

Users therefore do not acquire any right to copy, adapt, modify, create works derived from, distribute, license, sell, transfer, publicly display, transmit, spread or exploit the contents of the LYB Portal, except for content of which the Host or Guest Assistant or Suppliers/Tour Operators are the rightful owners.

2.7 All Users (Hosts, Guests, Guest Assistants, Suppliers/Tour Operators) expressly agree to use the LYP Portal in the correct manner and in compliance with applicable rules and laws, as well as to any consequences that may result from the incorrect use of the LYB Portal.

Products and services on the portal

3.1 RENTAL O LEASE OF BOATS AND VESSELS

3.1.1 The Hosts insert adverts and availability of their boat or vessel for Rental or Lease, on the LYB Portal.

3.1.2 The Rental or Lease of a boat is regulated by the code of navigation and pleasure boating to which the Host and Guest must adhere to under their own care and responsbility.

In particular, the adverts may refer to:

Occasional rental of stationary boats offered by private Hosts;
Occasional rental of boats for cruises in navigation offered by private Hosts;
Rental of stationary boats offered by professional Charter operators;
Boat rental for cruises in navigation offered by professional Charter operators;
Lease of boats or vessels offered by commercial operators.

3.2 NAUTICAL SERVICES

3.2.1 The NAUTICAL SERVICES are those of the check-in/check-out, concierge, cleaning and eventual ancillary services related to the boat that are the responsibility of the Host and performed by the Host himself or by a Guest Assistant.

3.2.2 Letyourboat has a network of professionals present in the Marinas [Guest Assistants], or agreements with the Marinas themselves, for the provision of Nautical Services.

By selecting the option on the LYB Portal, the Host can decide to take advantage of the Guest

Assistant indicated by Letyourboat to perform Nautical Services. Following the Host’s

request, the Guest Assistant must check the boat in order to record its status, check

cleanliness and anything else necessary to make the boat suitable to accommodate the

Guest on board; the Guest Assistant may or may not accept the assignment and/or request

that the Host makes some adjustments to the status of the boat.

3.3 TOURISTIC SERVICES

3.3.1 Through the LYB Portal, the Guest can book optional Tourist Services offered by the Supplier/Tour Operator (e.g. excursions, experiences, ticketing, etc.)

3.3.2 Pursuant to Legislative Decree n.62 of 2018, which lays down the rules for the implementation of Directive (EU) 2015/2302, the Tourist Services on the LYB Portal are to be considered individual tourist services and therefore the valid rights of travel packages do NOT apply to them. Therefore, LYB is not responsible for the correct execution of the Tourist Services whose provision and responsibility remains under the charge of the Supplier/Tour Operator.

3.3.3 These Services will be highlighted on the LYB Portal, with details of the main characteristics of the tourist services:

3.3.4 LYB is covered for Tourist Services by Europassistance Insurance under policy no. 4400952 for travel agent Civil Liability and is registered to the Travel Guarantee Fund with certificate n. A/27.4529/9/2021 for risks in the event of insolvency. In case of non-provision of Services following the insolvency of LYB, Guests can contact Garanzia Viaggi S.r.l Via Nazionale, 60 Rome or, if necessary, the competent authority. The information relating to any insurance coverage of Suppliers/Tour Operators can be found in the information documents provided by the Supplier/Tour Operator itself.

3.4 INSURANCE

On the LYB Portal, insurance products are offered by leading insurance companies via insurance brokers to cover risks (e.g. Travel Cancellation, RC, Medical Expenses etc.).

Obligations and powers of the parties

On the part of LYB

4.1 Letyourboat acts with the aim of promoting, through the use of the LYB Portal, the existence of a direct relationship between the parties (Guest, Host, Suppliers/Tour Operators and Guest Assistants) and managing payment transactions.

4.2 Letyourboat is obliged to:

send immediately via email upon receipt of a Guest’s booking, relevant information to the Host, Guest Assistant and Supplier/Tour Operator, in the mode indicated on the Booking Form;
provide the Guest and/or Supplier/Tour Operator with all the booking details. The Host and/or the Supplier/Tour Operator will have 24 hours to decline the booking, after which the reservation will be automatically accepted;
send a confirmation voucher to the Guest via email upon acceptance of the booking;
charge 100% of the payment to the Guest and pay the Host and/or Guest Assistant and/or Suppliers/Tour Operators in accordance with these General Conditions;
in the case that the booking is not confirmed, no cost will be charged to the Guest.

On the part of the HOST

4.3 The Host declares and guarantees, under its sole responsibility, that the information produced and entered on the LYB Portal is true and indemnifies LYB from all responsibility in this regard.

4.4 The Host grants Letyourboat the non-exclusive right to use, store, and distribute the content entered by the same on the LYB Portal.

4.5 The Host understands and agrees that Letyourboat is not part of any contract between themselves and the Guest and that Letyourboat does not act as an intermediary, or insurer.

4.6 The Host therefore expressly acknowledges that by accepting a reservation on the LYB Portal he undertakes to make available the Boat and the Services detailed in the advert and subject of the booking and enters into a direct relationship with the Guest.

4.7 The Host is exclusively responsible for the accuracy, completeness and updating of all information inserted in the advert (including the price and availability) visible on the LYB Portal; furthermore the Host must follow the format and models provided by Letyourboat.

4.8 The information entered may be translated into other languages, corrected or modified by Letyourboat; it is understood that translations will remain the exclusive property of Letyourboat.

4.9 The Host is solely responsible for all legal obligations relating to the Rental or Lease of the boat or vessel, such as safety regulations, storage of on board documents, notification to Port Officials and the Tax & Revenue Office and/or the offices and bodies in charge. A copy of the contract between Host and Guest must be kept on board by the Host.

4.10 The Host is exclusively responsible for identifying and obtaining all licenses, permissions, authorisations or registrations necessary to conduct the Rental or Lease offered and to make them available on the LYP Portal.

4.11 It is the responsibility of the Host to make the boat functional, clean and tidy, and in full compliance with all laws and safety regulations.

4.12 In the case of the engagement of a Guest Assistant, the Host must undertake the verification of the boat together with the Guest Assistant at his own cost.

4.13 It is the responsibility of the Host to leave a sufficient supply of clean bedding, towels and kitchen utensils.

4.14 It is the responsibility of the host to not leave objects of value or other personal belongings on board.

4.15 The Host must have adequate insurance to cover Civil Responsibility to the Guest.

4.16 The Host is obliged to indemnify LYB against damage in the case of:

(i) complaints of any kind submitted by the Guest regarding inaccurate, incorrect or misleading information entered by the Host on the LYB Portal;

(ii) complaints against Letyourboat referring to or resulting from non-compliance with laws and regulations, from the failure to register the Rental or Lease with the tax and governmental authorities, from the non-payment of taxes or duties or surcharges applicable to the Rental or Lease;

(iii) any damage to things or people or objects lost or missing as a result of the Rental or Lease.

On the part of the GUEST

4.17 The Guest understands and accepts that Letyourboat is not part of any contract between Host and Guest, and that Letyourboat does not act as an intermediary or insurer.

4.18 The Guest recognises expressly that, by making a booking on the Letyourboat Portal, they will enter into a direct relationship with the Host and/or Guest Assistant and/or the Supplier/Tour Operator.

4.19 By making a reservation with Letyourboat, the Guest undertakes contractually with the Host and/or the Supplier/Tour Operator with whom he books under the conditions detailed in their advert.

The Guest is responsible for making payments related to the booking and ancillary services requested – where provided – through the LYB Platform in the manner and time-frame established therein by Letyourboat. In particular, the Guest is required to guarantee at the time of booking, the subsequent payment Products and Services selected.

4.21 The Guest must comply with the check-in and check-out times indicated in the booking.

4.22 The Guest is responsible for leaving the boat or vessel in the same condition in which it was presented on arrival and is responsible for any damage caused by him or his guests.

4.23 At the time of booking, the Guest will be able to take advantage of the agreements with the primary Insurance proposed by Letyourboat to cover the risks of Travel, Third Party Civil Liability and accidents.

On the part of the GUEST ASSISTANT

4.24 The Guest Assistant is fully responsible for the operations concerning the execution and quality of Nautical Services.

4.25 The Guest Assistant is obliged to act with the necesssary diligence, accuracy and professionalism, towards the Host and Guest in order to guarantee high quality standards.

4.26 The Guest Assistant must guarantee the presence of its staff at the place and time shown on the LYB Portal for check-in and check out operations.

4.27 The Guest Assistant is required to indemnify Letyourboat and release them from any prejudice resulting from complaints of any kind made by the Guest or Host regarding or otherwise connected to the Services provided.

4.28 The Guest Assistant must have at his own expense an appropriate insurance policy to cover Civil Responsibility.

4.29 For Nautical Services only:

the Guest Assistant supports the new Hosts connected to him in the registering of the boats and in the publication of their adverts;
in case of registration of a new Host, the Guest Assistant must check the boat in order to record its status (also with photos and video) and check cleanliness and anything else necessary to make the boat suitable to accommodate guests on board;
the Guest Assistant has the right to request that the Host makes adjustments to the status of the boat and/or to accept the assignment or not.

On the part of SUPPLIERS/TOUR OPERATORS

4.30 The Supplier/Tour Operator declares and guarantees under its sole responsibility, that the information made and entered on the LYB Portal is true and indemnifies LYB of all responsibility in this regard.

4.31 The Supplier/Tour Operator grant LYB non exclusive rights to use, store and distribute the contents entered by them on the LYB Portal.

4.32 The Supplier/Tour Operator understands and accepts that Letyourboat is not part of any contract between them and the Guest and that Letyourboat does not act as an intermediary or insurer.

4.33 The Supplier/Tour Operator therefore expressly acknowledges that by accepting a reservation on the LYB Portal it undertakes to make the Tourist Service available to the Guest and enters into a direct relationship with the Guest.

4.34 The Supplier/Tour Operator is fully responsible for the operations regarding the execution and quality of Tourist Services.

4.35 The Supplier/Tour Operator is obliged to act with the necessary diligence, accuracy and professionalism towards the Guest in order to guarantee high quality standards.

4.36 The Supplier/Tour Operator is required to indemnify Letyourboat and release them from any prejudice resulting from complaints of any kind made by the Guest regarding or connected to the Tourist Services provided.

4.37 The Supplier/Tour Operator must have at his own expense an appropriate insurance policy to cover Civil Responsibility and insolvency risk when applicable, pursuant to Legislative Decree D.Lgs.n.62 del 2018, containing the implementing regulation of Directive (EU) 2015/2302.

Prices and payment

5.1 At the time of booking the Guest must choose the payment method (Credit Card or PayPal) and enter the debit data to guarantee subsequent payments. The payment and cancellation terms are specified in the Product and Services tab and are also set out in the booking details.

Letyourboat does not take any payment at the time of booking and fees will not be charged to the Guest for the booking service or for using a credit card.

Subsequent payments by the Guest are due under the following terms:

- After the free cancellation terms, Letyourboat retains the fees by the means of payment chosen by the Guest (Credit Card or PayPal)
- If there is deposit on the booking, this is charged at the time of acceptance of the order by the Host (within 24 hours of booking) and the remainin balance is paid within the free cancellation terms.
- If the reservation can not be cancelled, the full amount is charged when the Host accepts the booking (within 24 hours of booking).

All other prices displayed on the LYB Portal are to be considered inclusive of VAT and any other taxes, unless otherwise stated in the LYB Portal and in the confirmation email.

5.2 The definition of rental or rental prices is the responsibility of the Host; the definition of the Prices of Nautical Services is the responsibility of the Host or Guest Assistant in the case of use of the Guest Assistant network; the definition of the Prices of Tourist Services is the responsibility of the Supplier/Tour Operator. In order to align prices with market conditions, LYB may provide through the LYB Portal a table indicating the minimum and maximum applicable prices, formats and conditions of any promotional campaigns and/or discount vouchers to which Host, Guest Assistant and Operators will reasonably have to comply.

5.3 For the management of the LYB Portal and payments, only in the case of an accepted and successful booking, Letyourboat charges the Host and/or Guest Assistant and/or the Supplier/Tourist Operator a fee on the gross amount paid by the Guest. The amount of the fee is equal to 15% + VAT, where applicable, subject to arrangements defined between the Parties when registering for the LYB Portal and confirmed by LYB via e-mail.

5.4 The Host and/or Guest Assistant and/or Supplier/Tour Operator shall not charge additional costs to the Guest, nor shall they request payments or collect any amount that has already been previously included in the price of the Product and/or Service.

5.5 Letyourboat will not charge the Guest additional fees for using the LYB Portal and/or managing payments.

5.6 By adhesion to these General Conditions, Users delegate Letyourboat to the management of payments. Letyourboat therefore operates as payment manager and collects 100% of the Guest’s payment by credit card and/or PayPal and/or other means accepted by Letyourboat, deducting the relevant commission referred to in art. 5.3, and pays the remaining amount to the Host, the Guest Assistant and the Service Provider/Operator. In addition, Letyourboat is authorised by Users to manage refunds to the Guest in the case of cancellation and non-compliance (art. 6 and 10.1).

5.7 As with every type of rental or lease, a security deposit may be requested by the Host before check-in. In this case, the security deposit will be witheld directly by the Host at the time of booking and returned to the Guest at the time of check-out, once the boat has been inspected and the end of rental/lease document signed.

5.8 Payments to the Host, Guest Assistant and Suppliers/Tour Operators will take place within 24 hours after check-in, except for agreements defined between the Parties at the time of registration to the LYB Portal and confirmed by LYB via e-mail.

Booking cancellations

6.1 Users accept the cancellation conditions specified in the Products and Services tabs and also reported in the booking details. In the absence of these details, the standard conditions apply for which the free cancellation by the Guest can take place through the simple use of the cancellation function on the LYB Portal with a notice of at least the date of check-in:

14 days for Private Cruises (Lease / Charter in navigation)
7 days for Tourist Services
1 day (at least 24 hours from check-in) for Sleeping on a boat (Stationary rental).

If the Guest cancels within the deadline, the amounts paid are fully refunded and LYB does not withhold any commission. Once the cancellation terms have elapsed, Letyourboat charges the fees on the payment method chosen by the Guest (Credit Card or PayPal) and proceeds with the payments due to the Host and / or Guest Assistant and / or Supplier / Tour Operator.

6.2 The Host and/or Supplier/Tour Operator have 24 hours in which to decline a booking; after this deadline the booking will be considered as automatically accepted. The Host and /or the Supplier/Tour Operator also have the option to cancel the booking at their undisputable judgement, with a minimum notice of 30 days before check-in for Rentals, Leases or Nautical Services and 7 days for Tourist Services.

In addition, the Host and/or the Supplier/Tour Operator has the option to withdraw at any time, communicating the withdrawal by email as soon as possible to the Guest and Letyourboat Customer Support, in the case that they are unable to perform the Rental and/or Service due to unavoidable and extraordinary circumstances of force majeure; the existence of force majeure is verified and accepted by Letyourboat at their unquestionable judgement. In these cases the Guest is fully reimbursed for any fees paid but is not entitled to any additional compensation and LYB does not retain any commission.

6.3 After the cancellation period referred to in point 6.2, the Host and/or Supplier/Tour Operator are required to guarantee the Rental and/or Lease and/or Service. In the event that the same, for any reason not provided in point 6.2, cannot fulfil their commitments as detailed in the booking, and governed by these General Conditions, they must immediately inform both the Guest and LYB Customer Support. Furthermore the Host and/or the Guest Assistant and/or the Supplier/Tour Operator must provide, at their own expense, an alternative Rental and/or Service, of equivalent or superior quality to the one booked, or, at the Guest’s request, refund the total amount of the booking and compensate the Guest for all costs and expenses incurred by them in order to find an alternative Rental and/or Service, up to a maximum compensation equal to the amount of the booking. In this case however, LYB is still entitled to receive its transaction fee.

Location, reviews and ratings

7.1 The position in which the Rental or Service advert appears within the search on the LYB Portal is determined automatically and unilaterally by Letyourboat. The position of the search result and advert placement are based on Letyourboat owned algorithms, and are influenced by various factors including, but not limited to, review scores, ratings, number of bookings, cancellations and complaints.

7.2 After check-out, Users can write a Review and Evaluation of their experience and its counterparts.

7.3 Users accept that these Reviews and Evaluations become part of their profile, visible by other Users.

7.4 Letyourboat is not responsible for the content of Reviews and Evaluations and these do not reflect the opinions of Letyourboat.

7.5 Users undertake not to share defamatory, vulgar, obscene or offensive content; Letyourboat reserves the right to delete Reviews that contain such content.

8.1 Letyourboat pays particular attention to the protection of privacy and personal data in all relationships with customers, suppliers and collaborators and in particular with Hosts, Guest Assistants and Guests as defined in these General Conditions of Service. Letyourboat respects the confidentiality of personal data and always acts in accordance with the provisions of applicable data protection law and the attached Privacy Policy, which is an integral part of these General Conditions. By registering, the User accepts the attached Privacy Policy and the procedure related to the personal data described and ensures the accuracy and veracity of the data provided to the LYB Portal.

Use of the Lyb portal by users

9.1 This Agreement or the use of the LYB Portal by the User does not constitute any joint venture, partnership, relationship of dependency, or representation between the User and Letyourboat.

9.2 Letyourboat declines all responsibility for the content, commercial activity, products or services that can be seen by accessing directly or indirectly the LYB Portal via external links and vice versa (ie hyperlinks).

9.3 The User undertakes to use the LYP Portal, its functions and services for legimate purposes and according to these General Conditions. In particular, the User undertakes to not send or distribute through the website and its functions, unlawful, defamatory, vulgar, obscene, offensive or ambiguous content, nor to use the site and its functions to perform actions that may damage the image and reputation of Letyourboat or other users or to cause any other loss or damage to Letyourboat.

9.4 Furthermore, the User undertakes to not send unwanted advertising material or communication that could interfere with the functionality and/or use of the LYB Portal by third parties.

Liability, exclusion of liability and risk-taking

10.1 Letyourboat cannot be held responsible for the failure or partial execution of Rentals and Services, the responsibility of which remains with the Host and/or Guest Assistant and/or Supplier/Tour Operator. Nonetheless, as a payment transaction manager, in case of a complaint by the Guest for a proven non compliance or serious lack of performance on the part of the Host and/or Guest Assistant and/or Supplier/Tour Operator that prevents the Guest from receiving the service booked, Letyourboat undertakes to return the payment of the service to the Guest, witholding the same amount from the non-compliant Host, Guest Assistant or Supplier/Tour Operator.

10.2 Letyourboat is not part of any contract between Host and Guest and/or between Supplier/Tour Operator and Guest and therefore is not responsible for damage resulting from the use or non-use of the Rental and/or Lease and services. In addition, Letyourboat cannot be held responsible for the legal obligations and licenses of Host and Supplier/Tour Operator, such as authorisations, licenses, safety equipment, on board storage of documents, notification to Port Authorities and the Tax & Revenue Office and to the offices and bodies in charge.

10.3 Letyourboat cannot be held responsible for eventual consequences arising from the use of hyperlinks on the LYB Portal, or for consequences arising from accessing these links.

10.4 Letyourboat is solely responsible for direct damages caused by willful misconduct and gross negligence and therefore due to a very evident deviation of LYB’s behaviour from the rules of diligence, prudence and and expertise that the specific case would have required to observe. Furthermore, Letyourboat is responsible for any negligent violation of the essential contractual obligations of Letyourboat itself, its legal representatives, directors or other delegates; this liability is limited to compensation for a maximum total amount equal to the cost of the reservation, whether it is an event or a series of related events.

10.5 However, and as permitted by law, LYB and its executives, operators, managers, employees, representatives, subsidiaries, affiliates licensees, agents or persons involved in the production, sponsorship, promotion or dissemination of the site and its contents, do not provide any explicit or implied statement or guarantee, nor will they be held responsbile for:

(i) special, indirect or consequential losses or damages, loss of production, profit, income, contract, injury or damage to good name and reputation, loss of right;

(ii) the accuracy of the contents, information, software, materials or services in the LYB Portal. In particular, LYB does not guarantee accuracy and/or precision of information and descriptions provided by Hosts and Suppliers/Tour Opeators;

(iii) the services provided or the products offered by the Hosts, Guest Assistants and Suppliers/Tour Operators;

(iv) direct, indirect, consequential damages, losses or costs incurred as a result of the non-use or delay in response or malfunctions of the LYB Portal, of the User’s electronic equipment or that of third parties, including Internet Service Providers, telephone and/or telematic connections;

(v) personal damages, death, damage to property or other types of damage (direct, indirect, special, consequential or punitive), for loss, for the costs incurred or paid for legal action, errors, violations, serious misconduct, intentional mismanagement, omission, negligence, false declarations, civil or objective liability and/or for an unlawful act attributable in part or fully to the Host and/or Guest Assistant and/or Supplier/Tour Operator, to its staff, directors, managers, agents, representatives or affiliated companies, including total or partial cancellations, overbookings, strikes, force majeure or any other event outside of our control;

(vi) personal damages, death, damage to property or other types of damage (direct, indirect, special, consequential or punitive), for loss and costs incurred or paid for legal action, errors, violation, serious misconduct, intentional mismanagement, omission, negligence, false declarations, civil or objective laibility and/or for an unlawful act attributable either partially or totally to the Guest;

10.6 The Guest understands and acknowledges that the Rental or Lease of a boat, the use of Services and Excursions (Experiences) offered by the LYB Platform, involve some risk taking and could be dangerous and also carry the risk of injury or illness, damage to property, disability, permanent damage or death. The Guest therefore acknowledges that it has reasonably assessed the risks associated with the Experiences and has made an informed and voluntary choice to participate in and benefit from such Products and Services. The Guest (and not the Host or Guest Assistant or Supplier/Operator) is therefore responsible for determining their eligibility to participate in the Experiences and their capacity to fully understand any directions or warnings given, by not participating in any Experience, Rental or Lease in the case of physical limitations, medical or mental disability, or if they are aware of any factors that may limit or prevent them from safely participating in that Experience, Rental or Lease. The Guest therefore indemnifies LYB, the Host, Guest Assistant and Suppliers/Tour Operators of the risks related to the use of the Experience, Rental or Lease. This Release and Waiver by the Guest is a complete and unconditional release from all responsibility to the maximum extent permitted by law;

To participate in an Experience, the Hosts, Guest Assistants and Suppliers/Tour Operators require the acceptance of this Release and Waiver, which will be effective from the date on which the reservation is made. In the case of a Reservation made on behalf of other guests, the Guest assures and guarantees that each guest – on behalf of whom he has read and accepted this Release and Waiver – agrees that this discipline will apply to them as if it were signed by them. In the event of a guest being a minor, the Guest acknowledges and agrees to be the person solely responsible for the supervision of that child – on behalf of whom he has read and accepted this Release and Waiver – for the duration of the Rental, Lease or Service.

10.7 Pursuant to Legislative Decree no. 62 of 2018, which lays down the rules for the implementation of Directive (EU) 2015/2302, the Tourist Services on the LYB Portal are to be considered individual tourist services and therefore the valid rights for travel packages do NOT apply to them. LYB is therefore not responsible for the correct execution of the Tourist Services whose supply and accountability remains on the part of the Supplier/Tour Operator.

10.8 For the promotion and sale of Tourist Services, LYB is covered by Europassistance Insurance under policy no. 4400952 for Travel Agent Civil Liability and is registered with the Travel Guarantee Fund for risks in the event of insolvency, with certificate no. A/27.4529/9/2021. In case of non-provision of Services following the insolvency of LYB, Guests can contact Garanzia Viaggi S.r.l Via Nazionale, 60 Rome or, if necessary, the competent authority. The information relating to any insurance coverage of Suppliers/Tour Operators can be found in the information material provided by the Supplier/Tour Operator itself.

Amendments to these general conditions

11.1 Letyourboat reserves the right to update the following General Conditions in the face of altered market, commercial or regulatory conditions. Any eventual changes will be communicated to Users via email with 30 days notice without prejudice to the Users’ right to withdrawal via email communication. If the User does not exercise their right to withdrawal within the 30 days, the access and use of the LYB Portal and/or non withdrawal will constitute effective acceptance and adherence to the new General Conditions.

Duration and withdrawal

12.1 These General Conditions starts from the initial registration date on the LYB Portal and are for an indefinite period except for the right of withdrawal as described below.

12.2 The User can withdraw within the 30 days following notification of changes to these General Conditions.

12.3 The User may cancel their registration on the LYB Portal at any time by giving 30 days notice via email or the procedure on the LYB Portal. In this case, any confirmed bookings that are beyond the cancellation deadline will remain active and governed by the agreements in force at the time of booking.

12.4 Leyourboat can withdraw from these General Conditions by giving 60 days notice via email. In this case any confirmed bookings that are beyond the cancellation deadline will continue to be active.

12.5 Leyourboat may terminate this Agreement and/or block access to the LYB Portal with immediate effect and without notice in the event of:

i. violation of laws, regulations, third party rights or to protect its own safety or that of third parties;

ii. substantial violation by the User of their obligations under these General Conditions;

iii. imprecise, fraudulent, out-of-date or incomplete information and/or adverts or Services not meeting the quality or suitability requirements applicable;

iv. recurring negative Reviews or Ratings or complaints relating to the activity or conduct of the User;

v. recurring cancellations.

Applicable law - Competent court

The execution and interpretation of this Agreement and the Contracts and relationships between Users and between Users and LYB is governed by Italian law. The exclusive competent court that decides on any disputes between LYB and/or Users and/or between themselves is that of Genoa.

VEXATIOUS CLAUSES

Through voluntary registration to the LYB Portal and registration of their User code and password, the User expressly accepts the following articles:

Portal functionality and User relationship: 2.5
Obligations and powers of the parties: 4.3 -4.7 – 4.27 – 4.30 – 4.36
Cancellation of bookings: 6
Use of the LYB Portal by Users: 9.2
Responsability, disclaimer and risk-taking: 10
Duration and withdrawal: 12