Terms & Conditions
Site Terms of Use
Access to the pages of the website www.magiesailing.com, implies the user's acceptance of the following Terms of Use.
Acceptance
The Site is owned by the Company named below; it is for informational purposes and/or activities aimed at the conclusion, on behalf of shipowners and Shipowning Companies, of contracts for the leasing and/or chartering of pleasure craft, and/or trade in related goods and services; by accessing or using the services on the Site you agree to these Terms of Use. In case of non-acceptance of the contractual terms summarized on the Site in the different parts of policy and legal information the user should refrain from using the Site.
Industrial and intellectual property
The owner of the site www.magiesailing.com holds the esclusive ownership of its contents including but not limited to: the texts, documents, images, logos, photographs, page layout, design, know-how and products offered for sale; some of the aforementioned contents may be covered by copyright, trademarks, patents, models and/or other industrial and intellectual property rights recognized by the Italian and international law. Therefore not allowed to use, copy, sell, display or reproduce any content or information, product or service available on our platform for any activity private, commercial or competitive activity.
Our service
Magie Sailing is a registered site owned by the owner of the web domain - email address info@magiesailing.it
Magie Sailing provides an information and intermediation service aimed at finalizing contracts for the use of pleasure boats, i.e., in the leasing of boats and other related services and products, putting the end customer in contact with the Owner party that disposes of the boat and provides the leasing and chartering service.
The two contracting parties to the lease and/or charter contract arising from the booking through maritime brokerage are the end customer who concludes the booking and the Shipowning Company that provides the lease or charter service.
By making a charter through this agency, you enter into a direct (legally binding) contractual relationship with the boat provider from whom you are chartering a boat. From the moment you make the charter, we act solely as an intermediary between you and the boat provider, transmitting your charter details to the boat provider concerned and sending you a confirmation email on behalf of the boat provider.
The information we display in our service offerings is based on information provided to us by boat providers. Each boat provider remains responsible at all times for the accuracy, completeness, and correctness of the information (including rental price and availability) on our platform.
Name of the parts
The contracting party (hereafter customer) is an individual of legal age or legal entity who accepts the contract in its entirety. All individuals under eighteen years of age will not be considered users and should refrain from using the site. The client declares, on his/her own responsibility, that he/she is of legal age and that all personal information provided is true. The customer represents and warrants that he/she is legally authorized to follow up the reservation and sign the contract on his/her own behalf or on behalf of other users legally represented by him/her, and understands that acceptance of the Terms of this contract implies being subject to the conditions set forth in the Terms and Conditions and in the online and/or paper reservation forms.
The contracting party (hereinafter referred to as "owner") is a company that owns or operates third-party Boats in active foster care according to the applicable laws of the country in which it has its registered office, or sports or cultural associations and/or private individuals who rent the boat they own and have available in the legally permitted forms; each type of operator delineated according to these forms has boats for rent and/or charter and is directly and contractually responsible for the service rendered and the quality provided.
Contract tra Client and Owner
Once the reservation is confirmed with the payment of the deposit, the client enters into a direct contract with the shipowner who will provide the rental and/or charter service in the time and manner described in the offer and contract. Once the reservation is finalized on the website the client will receive, directly a contract that regulates the service between the parties, understood as part Client and part shipowner. The contract regulates all aspects and terms of the rental and/or charter service based on the country/country in which the service is provided.
The client by browsing the site and concluding a reservation expressly agrees and understands that Magie Sailing operates only as a pure intermediary, and that the civil and/or criminal liability arising out of the contract put in place between Client and shipowning company is strictly the responsibility only of the shipowner providing the rental and/or charter service and himself as a client in the respect and fulfillment of the contract.
Obligations of the Intermediary
All prices displayed on our website are inclusive of VAT, unless otherwise explicitly stated on our website or in the submitted quote.
Magie Sailing is obliged to transmit to the owner of the rental and/or charter service the information related to each booking and personal information provided by the customer, in the form indicated in the online and/or paper booking form. For more details on the processing of data entered by customer and its management you can consult the privacy policy on our website.
After the acceptance of the quotation (Acceptance Commitment or Booking Agreement) and the forwarding of the booking, the Owner shall, no later than 48 h, transmit to the Client its Booking Confirmation. In the event that the Owner fails to confirm the reservation within the above time limit, the Commitment Acceptance will lose its validity.
The Client, immediately after the Confirmation of the Reservation by the Owner, will receive an email containing the instructions to be followed to finalize the payment and the nautical charter contract. Within the same period of 24 h from the receipt of the email containing the confirmation and the data to make the payment, the Client agrees to pay to Magie Sailing an advance of the nautical charter equal to 30/50% of the whole. The percentage of the advance payment is defined by the Owner and can be seen in the Vessel's sheet and quote. The Client will proceed to pay the advance in the manner indicated in the booking confirmation. Upon payment, the Client agrees to sign the final yacht charter contract. The Client shall sign the nautical charter contract with the Owner within the 48h period. The booking/purchase of the nautical charter will be exclusively subject to the contractual conditions defined by the Owner.
Obligations of the Client
The use of the Vessel and any responsibilities are determined at the discretion of the Owner in the Nautical Charter Contract. In all cases, the following rules apply:
The Client agrees to use the Vessel as a good and responsible skipper and to abide by the regulations of maritime affairs, customs and police of the countries visited. In the event that a professional skipper is not hired for the cruise, the Client affirms that he or she has the necessary knowledge and experience for the navigation he or she plans to undertake, as well as the required permits for driving the vessel.
The Client agrees to use the boat only for pleasure navigation, excluding any kind of commercial, professional fishing, transportation, racing or other operation, unless provided for in the charter contract in agreement with the Owner. The latter assumption will imply specific rules and obligations for this type of contract, such as special insurance contracts, administrative formalities, etc., which the Owner and the Client must imperatively comply with.
Subletting and lending of the rented/leased boat is strictly prohibited.
The Client agrees to embark only the authorized number of persons.
In case of serious damage (dismasting, leaks, fire, ...) the Client is required to notify the Owner urgently to request instructions. While waiting for the latter, the Client will be required to have a report established by a damage commissioner in order to obtain reimbursement from the insurance company for the sums due to him.
Under no circumstances shall Magie Sailing be held liable.
Obligations of the Shipowner
The shipowner has the obligation to update in real time and constantly the site as well as if used by the shipowner also the eventual booking platform used by Magie Sailing as a third party/partner, regarding the boats actually available with respect to the different periods, and to upload and keep constantly updated the data regarding the characteristics of the boats, their equipment, the starting bases, their actual functionality, to upload under his responsibility correct and truthful data and photos consistent with the boats offered for rent and/or charter; he has the obligation to provide the rent/charter service according to the offers published through the website Magie Sailing according to the terms of the lease/rental agreement entered into with the client.
Any service rendered in a manner that differs from the previously published offer/contract for which the client has signed up is the sole responsibility of the owner. The shipowner soll eva the intermediary Magie Sailing from any responsibility regarding the provision of the rental and charter service, from any damage caused to the boats by the client during their use, as well as any personal data communicated by the client useful for the preparation of the reservation and the proper execution of the contract.
Cancellation
If you wish to change or cancel your rental, please send an email to info@magiesailing.it
Cancellations made by Clients are subject to the Cancellation Conditions defined by the Owner. Normally the first deposit will not be refunded.
Late payments, incorrect bank details, incorrect debit or credit card details, invalid credit/debit cards, or insufficient balance are the responsibility of the customer.
Upon taking delivery of the boat: if the boat is not in seaworthy condition, either due to the lack of an essential safety element or because the Owner is unable to propose a boat with identical or superior characteristics, the Client shall observe the cancellation procedures indicated in the contract signed with the charter company. In any case, the return of the amounts will be solely the responsibility of the Owner. It is understood that the amount of the sums to be returned to the Client shall in no case exceed the amount of the sums paid
Disclaimer of Liability
Subject to the obbligations of the mediator Magie Sailing within the limitations set forth in these terms and conditions and to the extent permitted by law, neither the site, nor the Brokerage Company, nor any of its operators, officers, employees, representatives, subsidiaries, affiliated companies, affiliate (distribution) partners, licensees, agents, or persons involved in the production, sponsorship, promotion, or dissemination of the site and its content, shall be held liable for any loss or punitive special, indirect or consequential, for no loss of production, profit, income, contract, for injury or damage to good name and reputation, for loss of right, for the inadequacy of the vessel (descriptive) information (regarding rates, availability and classification), made available on our website of shipowners for services rendered or products offered by the vessels, for damages (direct indirect, consequential i punitive), for losses or costs suffered, paid or incurred, as a result of the inability to use or delay of our website, but consequential or related to the use, or for (personal) damages, death, property damage or other types of damages (direct, indirect, special, consequential or punitive), for losses or costs suffered, paid or incurred, as a result of (legal) actions, errors, violations, (gross) fault intentional mismanagement, omissions, negligence, misrepresentation, civil or strict liability for a wrongful act attributable (partially or totally) to the shipowner/private charterer/sports or cultural association (its employees, directors, officers, agents, representatives or affiliated companies), including (partial) cancellations, overbooking, strike, force majeure or any other event beyond our control.
Reviews
Le recensions could be uploaded on our platform with the the purpose of informing future customers on opinions about the quality of our service.
Applicable law
The Site is designed to be enjoyed by users located in Italy and around the world but Magic Sailing makes no warranty that its contents will comply with the legal requirements applicable outside the Italian Territory. Any dispute relating to the Site, its use and its contents shall be governed by Italian law.
Jurisdiction
To the extent permitted by law, the terms and conditions and the provision of our services shall be governed by and construed in accordance with the laws of Italy; any dispute arising out of these general terms and conditions and our services shall be the exclusive competenza of the competent court of Catania.
