For information regarding rental and mooring contact us at 3332557708
For technical assistance contact us at 3382396609
Terms and Conditions
Introduction
These Terms govern the use of this Website and
any other Agreement or legal relationship with the Owner
in a binding manner.
This Website is a service of:
Nautica Vega and Levante by VALERI Giancarlo and ERRANTE Stefania
04027 Ponza (LT) via Campo Inglese sncVAT No. 01450610595 - 01389260595
pec: nauticavega@pec.it - nauticalevante@arubapec.it
owner's email address: vegamareponza@alice.it
phone 3382396609 - 3332557708
TERMS OF USE
Unless otherwise specified, the terms of use of this Website set out in this section have general validity.
Additional terms of use or access applicable in particular situations are expressly indicated in this document.
There are no restrictions for Users regarding whether they are Consumers or Professional Users.
Contents on this Website
Unless otherwise specified or clearly recognizable, all content available on this Website is owned by or provided by the Owner or its collaborators.
The Owner takes the utmost care to ensure that the content available on this Website does not violate applicable regulations or third-party rights. However, it is not always possible to achieve this result.
In such cases, without prejudice to any rights and claims that may be legally exercised, Users are requested to address the relevant complaints to the contacts specified in this document.
Rights to the contents of this Website
The Owner holds and expressly reserves all intellectual property rights to the aforementioned content.
Users are not authorized to use the contents in any way other than what is necessary or implied in the proper use of the Service.
In particular, but without exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, granting sublicenses, transforming, transferring/alienating to third parties or creating derivative works from the content available on this Website, or allowing third parties to undertake such activities through their own User account or device, even without their knowledge.
Where expressly indicated on this Website, the User is authorized to download, copy and/or share certain content available on this Website exclusively for personal and non-commercial purposes and provided that authorship of the work is attributed and any other relevant circumstances required by the Owner are indicated.
The limitations and exclusions provided for by copyright law remain in force.
Access to external resources
Through this Website, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and therefore is not responsible for their content or availability.
The conditions applicable to resources provided by third parties, including those applicable to any grants of rights to content, are determined by those third parties and governed by their respective terms and conditions or, in their absence, by law.
Permitted use
This Website and the Service may only be used for the purposes for which they are offered, according to these Terms and in accordance with applicable law.
It is the sole responsibility of the User to ensure that the use of this Website and/or the Service does not violate the law, regulations, or the rights of third parties.
Therefore, the Owner reserves the right to take any appropriate measures to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, terminate contracts, report any censurable activity carried out through this Website or the Service to the competent authorities – e.g. judicial or administrative authorities – whenever the User engages in or is suspected of engaging in:
violations of laws, regulations and/or the Terms;
infringement of third-party rights;
acts that may considerably prejudice the legitimate interests of the Data Controller;
offenses to the Owner or to a third party.
Limitation of liability and indemnity
Unless otherwise specified or agreed with the Users, the Owner's liability for damages related to the execution of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.
Indemnity
The User undertakes to indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-owners of the trademark, partners, and employees to the extent permitted by law from any claim or demand – including, without limitation, legal fees and expenses – made by third parties due to or in connection with conduct in violation of these Terms, third-party rights, or the law, carried out in connection with the use of the Service and attributable to the User, its affiliates, officers, agents, co-owners of the trademark, partners, and employees, by way of fault.
The foregoing also applies to any claim made by third parties (including, by way of example only, the Owner's customers) against the Owner in relation to the Digital Products provided by the User, such as, for example, claims regarding compliance.
Limitation of liability for User activities on this Website
Except where otherwise specified and without prejudice to applicable legal provisions, any claim for compensation against the Owner (or any natural or legal person acting on their behalf) is excluded.
The foregoing does not limit the Owner's liability for death, personal injury or physical or mental integrity, damages resulting from the breach of essential contractual obligations, such as obligations strictly necessary to achieve the purpose of the contract, and/or damages caused by willful misconduct or gross negligence, provided that the User's use of this Website has been appropriate and correct.
Except where the damages have been caused by intent or gross negligence or affect life and/or personal, physical or mental integrity, the Owner is liable only to the extent of the typical damage for the type of contract and foreseeable at the time of conclusion.
Common provisions
No implicit waiver
The failure of the Owner to exercise legal rights or claims arising from these Terms does not constitute a waiver of such rights. No waiver can be considered final in relation to a specific right or any other right.
Service Interruption
To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates, or any other changes, giving appropriate notice to Users.
Within the limits of the law, the Owner reserves the right to suspend or completely cease the activity of the Service. In the event of cessation of the Service's activity, the Owner will ensure that Users can extract their personal data and information and will respect Users' rights regarding the continued use of the product and/or compensation, according to legal provisions.
Furthermore, the Service may not be available due to causes beyond the reasonable control of the Owner, such as force majeure (e.g. infrastructural malfunctions, blackouts, etc.).
Service Resale
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit this Website or the Service in whole or in part without prior written consent from the Owner, expressed directly or through a legitimate resale program.
Privacy policy
Information on the processing of personal data is contained in the privacy policy of this Website.
Intellectual property
Without prejudice to any more specific provision contained in the Terms, intellectual and industrial property rights, such as copyright, trademarks, patents, and designs relating to this Website are held exclusively by the Owner or its licensors and are protected under the applicable laws and international treaties on intellectual property.
All trademarks – whether word or figurative – and any other distinctive sign, company name, service mark, illustration, image, or logo appearing in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected under the applicable laws and international treaties on intellectual property.
Changes to the Terms
The Owner reserves the right to modify the Terms at any time. In such case, the Owner will duly inform the Users of the changes.
The changes will take effect in relation to the User only from the moment communicated to the User.
Continued use of the Service implies the User's acceptance of the updated Terms. If the User does not wish to accept the changes, they must stop using the Service and may withdraw from the Agreement.
The previous version will continue to govern the relationship until the User accepts the changes. This version can be requested from the Owner.
If required by law, the Owner will notify Users in advance of the effective date of the amended Terms.
Assignment of the contract
The Owner reserves the right to transfer, assign, dispose of, novate, or subcontract individual or all rights and obligations under these Terms, taking into account the legitimate interests of the Users.
The provisions relating to the modification of these Terms apply.
The User is not authorized to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.
Contacts
All communications regarding the use of this Website must be sent to the contacts indicated in this document.
Safeguard clause
If any of the provisions of these Terms should be or become null or ineffective under applicable law, the nullity or ineffectiveness of such provision does not affect the validity of the remaining provisions, which shall therefore remain valid and effective.
European users
If any provision of these Terms should be or become null, invalid, or ineffective, the parties will make every effort to amicably identify a valid and effective provision to replace the null, invalid, or ineffective one.
In the event of failure to reach an agreement within the aforementioned terms, if permitted or provided by applicable law, the null, invalid or ineffective provision shall be replaced by the applicable legal provision.
Without prejudice to the above, the nullity, invalidity or ineffectiveness of a specific provision of these Terms does not entail the nullity of the entire Agreement, unless the null, invalid or ineffective provisions within the framework of the Agreement are essential or of such importance that the parties would not have entered into the contract if they had known that the provision would be invalid, or in cases where the remaining provisions would impose an excessive and unacceptable burden on one of the parties.
Applicable law
The Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document, regardless of conflict of law rules.
Prevalence of national law
However, notwithstanding the foregoing, if the law of the country in which the User is located provides a higher level of consumer protection, such higher level of protection shall prevail.
Exception for Consumers in Switzerland
If the User acts as a Consumer in Switzerland, Swiss law will apply.
Competent court
Exclusive jurisdiction over any dispute arising from or in connection with the Terms lies with the court of the place where the Owner is established, as indicated in the relevant section of this document.
Exception for Consumers in Europe
The above does not apply to Users acting as European Consumers or Consumers located in the United Kingdom, Switzerland, Norway, or Iceland.
For information regarding rental and mooring contact us at 3332557708
For technical assistance contact us at 3382396609