TERMS & CONDITIONS OF USE (CUSTOMERS)
(Last update: January 1st, 2025)
1. Definitions
1.1. “Operators Boat Rental Console”: the platform operated by Operators Boat Rental Console, managed by Lake Como App administrated by cod.dest KRRH6B9 – VAT IT04037730134. 1.2. “Customer”: any natural person who uses the Platform to book Services. 1.3. “Services”: transportation, navigation, boat rental, tourist activities, taxi boat services, or other related services provided by independent Suppliers. 1.4. “Supplier”: the professional operator providing the Service booked by the Customer. 1.5. “Promoter”: hotels, concierges, partners, or authorized entities that may place bookings on behalf of the Customer. 1.6. “MoR – Merchant of Record”: the entity responsible for collecting and managing payments. The MoR is always Operators Boat Rental Console. 1.7. “UGC – User Generated Content”: reviews, comments, photos, videos, and any content uploaded by the Customer.
2. Scope and Acceptance
2.1. These Terms govern the Customer’s use of the Platform. 2.2. Acceptance occurs through a click-wrap process by selecting the confirmation checkbox. 2.3. By using the Platform, the Customer declares that they have read, understood, and accepted these Terms. 2.4. Operators Boat Rental Console acts solely as a technical intermediary and does not directly provide the booked Services.
3. Role of the Platform
3.1. Operators Boat Rental Console manages: bookings, payments, collections, refunds, and automated communications. 3.2. The execution of the Service is the exclusive responsibility of the Supplier. 3.3. Operators Boat Rental Console does not guarantee the quality, punctuality, safety, or performance of the Service.
4. Customer Account and Responsibilities
4.1. The Customer must provide truthful, updated, and complete information. 4.2. The Customer is responsible for:
a) accuracy of submitted data; b) security of their account and devices; c) lawful and compliant use of the Platform.
4.3. The Customer is forbidden to:
- make fraudulent bookings;
- use false identities or VPNs to bypass restrictions;
- insult, threaten, or verbally abuse Suppliers, Promoters, or staff;
- attempt to bypass Suppliers or Promoters (disintermediation).
5. Bookings
5.1. A booking is considered confirmed only upon payment collection by Operators Boat Rental Console. 5.2. The Customer receives confirmation via email or digital interface. 5.3. The Customer must verify meeting point, schedule, and service conditions. 5.4. The Customer must show up on time at the meeting point.
6. Payments (MoR)
6.1. All electronic payments are processed by the Merchant of Record Operators Boat Rental Console, via Stripe or other providers. 6.2. If cash is paid to a Promoter, the Promoter acts as a collection delegate on behalf of Operators Boat Rental Console. 6.3. Invoices, receipts, and refunds are issued exclusively by Operators Boat Rental Console.
7. Cancellations and Refunds
7.1 Customer cancellations
- Up to 7 days: 100% refund
- From 7 days to 48 hours: 70% refund
- From 48 to 2 hours: 50% refund
- Less than 2 hours: 0%
7.2 Refund rules
- Refunds are calculated solely on the Rent Boat Cost
- Service Fee is non-refundable
- Stripe fees are non-refundable
7.3 Supplier cancellation
→ Full refund to the Customer.
7.4 Bad weather
→ Full refund if the Supplier cancels for safety reasons.
8. No-show
Failure to appear at the meeting point → no refund.
9. Reviews & User Generated Content (UGC)
9.1. Customers may publish reviews, comments, and content. 9.2. The Customer declares that such content:
- is truthful and based on real experiences;
- does not violate copyright, privacy, or third-party rights;
- is not false, defamatory, or misleading;
- contains no hate speech, violence, discrimination, or sexual content.
9.3. The Customer grants Operators Boat Rental Console a perpetual, irrevocable, worldwide, transferable, and sublicensable license to modify, use, republish, and distribute such content. 9.4. Operators Boat Rental Console may moderate, remove, or hide non-compliant UGC. 9.5. Operators Boat Rental Console is not liable for content published by third parties (safe harbor).
10. Conduct and System Abuse
The Customer is forbidden to:
a) abuse support channels or harass staff; b) file fraudulent chargebacks; c) place bookings without intention to use the service; d) manipulate the platform through aggressive conduct; e) attempt commercial disintermediation.
→ Violations lead to immediate account suspension.
11. Extended Intellectual Property
11.1. Operators Boat Rental Console owns all rights to:
- software, code, APIs, and algorithms;
- boat catalog database (“database rights”);
- text, logos, graphics, multimedia content;
- compilations, reports, structured data.
11.2. It is forbidden to:
- copy content, catalogues, or parts of the Platform;
- attempt to clone the Platform (“anti-clone clause”);
- use undocumented APIs.
11.3. The Customer receives only a limited, non-exclusive, revocable license to use the Platform.
12. Security, Anti-Scraping, Anti-Bot
It is forbidden to:
- use bots, scrapers, spiders, or automated tools;
- scrape pages, databases, or content;
- perform reverse engineering;
- bypass technical limits or access unauthorized systems.
Violations → immediate ban + possible legal action.
13. SLA / Availability / Downtime
13.1. Operators Boat Rental Console does not guarantee continuous availability. 13.2. Maintenance, downtime, bugs, and service interruptions may occur. 13.3. No refunds are provided for Platform downtime. 13.4. The Customer acknowledges that the Platform is not a mission-critical service.
14. Third-Party Services
The Customer accepts the use of external services such as:
- Stripe (payments)
- Google Maps (location / piers)
- cloud and hosting services
- communication services (SMS, email, Meta)
Operators Boat Rental Console is not responsible for errors, downtime, or malfunctions caused by third-party providers.
15. Extended Limitation of Liability
Operators Boat Rental Console is not liable for:
- loss of profit;
- indirect or consequential damages;
- loss of data;
- service interruptions;
- acts or omissions of Suppliers.
Maximum liability = amount paid by the Customer for the booking.
16. Dispute Resolution
16.1. Step 1 – Submit a complaint via official support within 72 hours of the event. 16.2. Step 2 – Internal review within 10 days. 16.3. Step 3 – Final decision by Operators Boat Rental Console (binding). 16.4. Step 4 – Only after: competent court Milan.
17. Account Policy
17.1. Operators Boat Rental Console may suspend, limit, or immediately close the account in case of:
- violations of the Terms;
- offensive or abusive behavior;
- fraud or unjustified chargeback attempts;
- misuse of the Platform or support channels;
- reputational or security risks.
17.2. During suspension:
- future bookings may be blocked;
- documentation may be required;
- certain account functions may be restricted.
17.3. Operators Boat Rental Console may retain minimal data for:
- tax obligations;
- fraud prevention;
- dispute management.
17.4. The Customer may request account deletion (GDPR), except for legally required retention.
18. Force Majeure
18.1. Neither party is liable for delays or non-performance caused by force majeure, including:
- extreme weather conditions;
- port or lake disruptions;
- fires, floods, earthquakes;
- wars, riots, terrorism;
- pandemics, government restrictions;
- network outages, blackouts, infrastructure failures;
- shutdowns of critical third-party services (Google, Stripe, hosting).
18.2. During force majeure events, Operators Boat Rental Console may suspend operations, availability, or payments until resolved.
19. Amendments to the Terms
Operators Boat Rental Console may update these Terms at any time. Changes become effective upon publication on the Platform.
20. Language and Precedence
The Terms are written in Italian. In case of discrepancies or conflicts between translations, the Italian version prevails.
21. Governing Law and Jurisdiction
These Terms are governed by Italian law. Exclusive jurisdiction: Milan, unless mandatory consumer protection rules apply.