FOR THE HOST
The Host declares and warrants, under its sole responsibility that the information provided and inserted on the LYB Portal is true and releases LYB and LETYOURBOAT S.R.L. from any liability in this regard.
The Host grants to Letyourboat the non-exclusive right to use, store, and disclose the contents entered by Host on the LYB Portal.
The Host understands and accepts that Letyourboat is not part of any contract between the Host and the Guest and that Letyourboat is not an intermediary, agent or insurer.
The Host therefore expressly acknowledges that accepting a reservation on the LYB Portal he will enter in direct relationship with the Guest and that Letyourboat only acts with the aim of allowing the existence of this direct relationship between the parties (Guest and Host) and will manage the related payments.
The Host is and will always be held solely responsible for the accuracy and completeness of the information entered (including the price and availability) viewable on the LYB Portal and the Host must comply with the formats and parameters proposed by Letyourboat.
The information submitted may be translated into other languages, corrected or modified by Letyourboat; it is understood that the translations will remain the exclusive property of Letyourboat.
The Host is totally responsible for the operations concerning the updating of prices, the availability of the boat and services and any other information related to his boat displayed on the site.
The Host is solely responsible for all legal obligations relating to the rental, such as the retention on board of documents, notification to the Port Authorities and the Inland Revenue Office and/or the offices and bodies in charge. A copy of the contract between the Host and the Guest must be kept on board by the Host.
FOR THE GUEST
OBLIGATIONS OF THE RENT ADVISOR
All prices displayed on the LYB Portal are inclusive of VAT and any other taxes, unless otherwise specified in the LYB Portal and in the confirmation email.
The definition of the Rental Prices is responsibility of the Host, the definition of the prices of the Services is responsibility of the Host or Letyourboat in the case of use of the Rent Advisor network. In any case, prices must be at all times aligned with the market conditions and with the formats proposed by Letyourboat; for this purpose, LYB will be able to provide through the Portal a table indicating the minimum and maximum prices applicable and the conditions of any promotional campaigns and / or discount coupons. In order to grant favorable conditions to Associations and / or Purchase Groups and / or tour operators, Letyourboat reserves the right to apply Rental Prices with a discount up to a maximum of 10% compared to what is published on the portal; in this case LYB will inform the Host about any ongoing campaign in advance.
For the management of the LYB Portal and payments, only in case of booking accepted and successful, Letyourboat charges the Host a commission (15%) on the gross price of the reservation paid by the Guest (including VAT, where applicable); Letyourboat also charges the Host or the Rent Advisor for a commission (15%) on the gross price of the Services paid by the Guest (including VAT, where applicable).
The Guest has no other charges except those indicated in the advertisement and related to the cost of Rental, Services and Compulsory Insurance. The Host and the Rent Advisor will not charge any additional amounts to the Guest, nor will they request payments or collect any amount that has already been previously included in the rental price and services.
Letyourboat will not charge additional commissions to the Guest for using the LYB Portal and/or for managing payments.
By joining these General Conditions, Users delegate LYB to the management of payments. Letyourboat therefore operates as a payment manager and collects 100% of the payment from the Guest by means of a Credit Card and/or PayPal and/or other means, deducts its fees from the Rental and Services and pays the remaining fees, minus the related commissions, to the Host and to the Rent Advisor (when present).
As for any other type of rental/chartering, a deposit may be requested by the Host before the check-in. In this case the security deposit is retained by Letyourboat at the time of booking and is returned to the Guest during the check-out time, once the boat has been inspected and signed the ending rental form.
Payments to Host and Rent Advisor (when present) will take place after check out, on the 15th of each month. So the payment for completed bookings (check out completed) made in the second half of the month will be credited on the 15th of the following month.
The Guest accepts the conditions of payment and cancellation specified on the boat profile in the LYB Portal and/or in the booking details. In the absence of other indications, the free cancellation can be done with a minimum notice of 14 days using the delete function on the LYB Portal. n this case, the Guest is totally reimbursed and LYB does not retain commissions. Upon expiry of this period, in case of late cancellation, Letyourboat retains all the fees paid by the Guest and proceeds with the payments due to the Host.
The Host has the possibility to cancel the booking with a minimum notice of 14 days, in that case the Guest is fully refunded and LYB does not hold any commissions.
At the expiry of the cancellation limit the Host is obliged to guarantee the Rental and, in the event that a Host cannot for any reason abide his commitment governed by these General Conditions, must immediately inform the Guest and the Customer Service of Letyourboat. The Host will also provide, at its own expense, an alternative accommodation of a quality equal to or higher to the one booked or alternatively to his choice reimburse and compensate the Guest for all costs and expenses incurred by the Guest for finding an alternative accommodation.
The position in which the Accommodation appears in the searches on the LYB Portal is determined automatically and unilaterally by Letyourboat. The search result and the positioning of the ad are based on Letyourboat's proprietary algorithms influenced by various factors, including, but not limited to, the scores of reviews, ratings, booking volumes, cancellations, complaints.
After checking out, users can write a review and an evaluation of the experience and the counterparts.
Users accept that these Reviews and Ratings are part of the public profile of the User.
Letyourboat is not responsible for the content of Reviews and Ratings and these don't reflect Letyourboat's opinion.
Users undertake not to disseminate defamatory, vulgar, obscene or offensive content; Letyourboat reserves the right to cancel the reviews that had these contents, unquestionably evaluated by LYB.
This page describes the website’s management modes in relation to the processing of personal data of the users consulting the website or uses its Services. The protection of personal data and privacy is an important issue to which we pay attention in all our relationships with customers, suppliers and collaborators and in particular with Host, Guest, Rent Advisor as defined in the general conditions of the service.
This disclosure is issued in accordance with art. 13 of the EU Regulation 679/2016 - General Regulation on Data Protection (RGDP), which is applied from 25/05/2018, to all those who interact with the web services of LET YOUR BOAT, hereinafter LYB, accessible via Internet starting from the address:
Upon registration the user accepts the process related to personal data described and ensure the accuracy and truthfulness of the data provided during the registration.
HOLDER OF THE DATA PROCESSING
Following the consultation of the aforementioned site, data related to identified or identifiable persons may be processed.
The data controller is LYB, based in Piazza de Marini 3/74, Genoa, Italy,
VAT number 02560230993 tel. +390103031386 email email@example.com
DATA PROTECTION MANAGER
The Data Protection Manager (DPM), for the purpose of exercising the rights provided in paragraph 2, letters b, c and d of Article 13 of EU Regulation 2016/679, can be reached at the following address:
PURPOSE AND LEGAL BASIS OF THE DATA PROCESSING
Personal data indicated on this page are processed by LYB for the following purposes:
The data necessary for the proper functioning of the service, the prevention of fraud or subsequent verification are: (an incomplete list)
Mandatory Registration Data of Guest, Host and Rent Advisor
Optional registration data for which the consent is required
Public data, Pixel and SDK
No data on minors are collected
RECIPIENTS OF DATA
According to the type of interaction required (e.g. request for information or printed material, request for services, newsletters, etc.), the data may be shared with third parties involved in the execution of the services (e.g. service workers, organizers of events, etc.). We may also be required to disclose personal data in order to comply with legal requirements or to assert rights and agreements.
Data transmission to third parties: for the execution of certain services and for the supply of certain products, we work with external suppliers (for example developers). These suppliers are authorized to use or transmit data collected and processed by us only for the execution of the service commissioned to LYB and for no other purpose.
Compliance with laws and similar obligations: we will transmit user’s personal data in order to:
- apply or comply with a law, a regulation, an order issued by a public authority or mandatory measures,
- detect and prevent threats to security, fraud or other harmful activities,
- protect and / or enforce the rights and property of LYB or third parties,
- protect the personal rights and security of our employees and third parties.
In relation to the purposes indicated in the points of the previous paragraph, data may also be disclosed to the following subjects or to the categories of subjects indicated below:
In addition to the information provided, the Data Controller provides the person concerned with the following additional information necessary to ensure a correct and transparent processing:
TYPES OF DATA PROCESSED AND FINALITY OF DATA PROCESSING
The computer systems and software procedures used to operate this site acquire, during the normal implementation, some personal data of the user whose transmission is implicit in the use of Internet communication protocols.
This category of data includes IP addresses or domain names of computers and terminals used by users, addresses in URI / URL notation (Uniform Resource Identifier / Locator) of the requested resources, the time of the request, the method used to submit the request to the server, the file size obtained in response, the numerical code indicating the status of the response given by the server (success, error, etc.) and other parameters related to the operating system and computer environment of the user.
These data, necessary for the use of web services, are also processed for the purpose of:
The navigation data do not persist for more than 7 days and are deleted immediately after their aggregation (except for any need to ascertain criminal offenses by the judicial authorities).
Data communicated by the user
The optional, explicit and voluntary sending of messages to the LYB contact addresses, as well as the compilation and forwarding of the forms found on the company's websites, entail the acquisition of the sender's contact data, necessary for the reply, as well as all personal data included in communications.
Specific information will be published on the pages of the LYB sites set up for the provision of certain services.
Cookies and other tracking systems
The letyourboat.com site uses technical cookies to improve its service.
In particular, it uses: navigation and session cookies, which guarantee the normal navigation and use of the website; functionality cookies, which allow the user to navigate according to a series of selected criteria (for example, the language).
During the navigation on letyourboat.com, the user can also receive cookies on his terminal sent by third parties: sites or web servers which may differ from the site on which the user is browsing, as in the case of Google Analytics and the social network Facebook.
If the user wants to disable one or more types of cookies for this site, he must access the settings of the browser he is using.
In order to optimize the information and services offered, the sites of the regional network use Google Analytics, a Google service which allows tracking and analyzing the behavior of online users regarding time, geographic location and behavior on the site.
LYB, to protect the privacy of its users, has chosen the option to reject the fourth byte of the IP address, ensuring that only C-Class information is kept.
DATA STORAGE PERIOD
At the end of the service or provision of the service, user’s personal data will be stored exclusively for historical or statistical purposes, in accordance with the law, regulations, community regulation and codes of deontology and good conduct signed in accordance with Article 40 of EU Reg. 2016/679, for a period as per current legislation (usually 10 years), or, in case they are not subject to any law, for a period not exceeding five years. Beyond this period, user’s personal data will be stored anonymously or destroyed. Contact data for marketing purposes will be retained until the user requests the cancellation or the unsubscription from the communication services.
RIGHTS OF THE CONCERNED PARTY
Concerned parties have the right to obtain from LYB, where required, the access to personal data and the correction or cancellation of the same or the limitation of the processing that concerns them or to object data processing (articles 15 and following of the Regulation).
For the finalities 2 and 3 the existence of the right to withdraw the consent at any time without undermining the lawfulness of the data processing based on the consent given prior to the revocation.
RIGHT OF COMPLAINT
Concerned parties who believe that the processing of their personal data through this site is in violation of the provisions of the Regulation have the right to submit a complaint to the competent Authority, which in Italy is represented by the Guarantor, as provided by art. 77 of the Regulation itself, or to appeal to appropriate judicial offices (Article 79 of the Regulation).
MANDATORY OR OPTIONAL NATURE OF DATA PROVISION
The provision of data and the related processing are mandatory in relation to the finalities n. 1, 2 and 3 related to tax obligations; hence any refusal to provide data for such purposes may determine the impossibility of the data controller to proceed with the professional relationships and to the legal obligations.
The provision of data and its processing is to be considered optional in other cases, without any consequence.
EVENTUAL EXISTENCE OF AN AUTOMATED DECISION-MAKING PROCESS
There is no fully automated decision-making process because, the intervention of the operator, LYB, where required, does profiling activities, in particular it processes user profiles and analyzes consumption habits and choices in order to improve the commercial offer and the services offered.
LYB employs a wide variety of data security measures to ensure the confidentiality and the integrity of personal information. However, given the nature of the Internet, we would like to draw attention to the fact that there may be gaps in the security of data transmission via Internet, not dependent on LYB, and therefore it is not possible to guarantee total data protection from the access by third parties, despite LYB's efforts to implement best practices for safety and risk reduction.
CHANGES TO THIS DISCLOSURE
The present disclosure may vary. It is therefore advisable to regularly check this statement and refer to the latest version.
This Agreement or the use of the LYB Portal by the User does not create any joint venture, partnership, dependency, representation or agency relationship between the User and Letyourboat.
Letyourboat disclaims any responsibility for the contents, commercial activities, products or services that can be viewed by accessing directly or indirectly from external links to the LYB Portal (so-called hyperlinks).
The User undertakes to use the LYB Portal, its functions and the service for legitimate purposes and in accordance with these General Conditions. In particular, the User undertakes not to send or disclose, through the website and its functions, illicit, defamatory, vulgar, obscene, offensive or ambiguous contents, or to use the website and its functions to perform acts that may damage the image and reputation of Letyourboat or cause any loss or damage to Letyourboat.
Furthermore, the User undertakes not to send unwanted promotional material and/or unsolicited communications that could interfere with the functionality and/or use of the LYB Portal by third parties.
Letyourboat cannot be held responsible for the failure or partial execution of the Rental and Services specified in the contract between the Guest and the Host.
Letyourboat provides a standard of contract and of the start and end rental relationship to which the parties can follow in the execution of the relationship but Letyourboat is not part of any contract between the Host and the Guest and therefore is not liable for damages resulting from the use or for the failure to use the Rental and Services. Furthermore, Letyourboat cannot be held responsible for the fulfillment of the law by the Host, such as retention of the documents on board, notification to the Port Authorities and to the Revenue Office and/or to the offices and bodies in charge.
Letyourboat cannot be held responsible for any consequences arising from the use of hyperlinks on the LYB Portal or for the consequences deriving from the access to these links.
Letyourboat is the solely responsible for direct damages caused to the User for defects attributable to its obligations and in any case for a total amount equal to the cost of the booking, whether it is an event or a series of related events.
However, and as permitted by law, neither LYB nor any of its managers, operators, managers, employees, representatives, subsidiaries, affiliated companies, affiliated partners, license holders, agents or persons involved in the production, in the sponsorship, in the promotion or in the dissemination of the website and its contents, will be held responsible for:
Letyourboat reserves the right to update the following General Conditions in view of the changing of the market, commercial or regulatory situations. Any change will be communicated by e-mail to the Users with a notice of 30 days except the right to withdraw by the User via e-mail communication. If the User does not exercise the right of withdrawal within 30 days, the access or use and/or the non-withdrawal of the LYB Portal will constitute effective acceptance and adhesion to the new General Conditions.
These General Terms and Conditions shall take effect from the date of the first registration to the LYB Portal and are open-ended except for the right of withdrawal as described below.
The User may withdraw within 30 days following the notification of the changes to these General Conditions.
The User may cancel his registration at any time on the LYB portal by giving a 30-day notice. In this case, confirmed bookings and beyond the cancellation terms will remain active and governed by the agreements in force at the time of booking.
Letyourboat can withdraw from the present general conditions by giving a prior notice of 60 days via e-mail. In this case, confirmed bookings and beyond the cancellation terms will remain active.
Letyourboat may terminate this Contract and/or block access to the LYB Portal with immediate effect and without prior notice in case of:
The execution and interpretation of this contract and of the contracts and the relationships between Users and between Users and LYB is governed by the Italian law.
The court of jurisdiction to decide on any disputes between LYB and/or Users and/or between them is in Genoa.