Yoyot offers its users information on rental boats, destinations and other related services.
1. The Parties
1.1 Yoyot S.r.l. is an Italian Company with office in [_] VAT number [_], e- mail address [_] (“Yoyot”) and provides services related to boat charter and other associated products shown and represented on the website www.yoyot.com (the “Service”). A user is every person (individual or legal entity) who uses the Service to receive information on boat charter services and offers and to directly process a reservation and purchase orders and who has the legal powers to duly and validly sign the booking form provided for by Yoyot (“User”). The User acknowledge that, in order to use the Service, he/she is over eighteen years of age and that all of the personal information provided is true to his/her knowledge. The User accepts and acknowledge that any purchase order on yoyot.com means also to accept and be bound by the present General Terms and Conditions and by the conditions established in the booking form.
2. Scope of service
More specifically, the Service consists in an online platform through which charter operators advertise boats for reservation, and through which Users can make such reservations. Therefore, Yoyot is an intermediary that establishes contact between the User and the charter operator, as the contractual relationship is entered into only between them (and the User accepts he/she is entering into a contractual relationship only with the charter operator). The information on the boats (such as availability, prices, conditions) are provided by the charter operator and Yoyot shall not be responsible for such information. Yoyot shall not be responsible for the non-performance or exact and compliant performance of those services that fall under the scope of the contract between the final service provider and the User. Each charter operator remains responsible at all times for the accuracy, completeness, and correctness of the information (including the rates and availability) displayed on Yoyot website. Yoyot carries out neither any investigation on the truthfulness or accuracy of any information displayed on its website nor on the quality of the service provided by the charter operator
3.2 Moreover, Yoyot will receive the payment made by the Customer in the name and on behalf of the charter operator that will provide the service, including all additional services as indicated by the Users in the booking form. Yoyot will transfer the funds to the charter operator according to the conditions established with each charter operator.
3.3 Once the payment is made, Customer will receive a confirmation of acceptance of the contracted services according to the conditions stated on the Website. Yoyot will also send a voucher stating the confirmation to the email address provided by the Customer, within 24 hours after payment is completed.
3.4 The User shall always provide accurate and truthful information for the details requested in any form he/she is required to complete. The User also expressly undertakes to provide the charter operator with all details and information that may be requested for the correct provision of the service in question. The User authorizes Yoyot to verify the truthfulness of the personal data and any other information provided and undertakes to cooperate with Yoyot during such verification.
3.5 The User is responsible for the full payment of the services contracted, respecting the procedure, periods and quantities stipulated on the website.
3.6 The User expressly acknowledges that he/she is obliged to make use of these services in a correct manner and in compliance with any applicable laws, regulations and according to the present General Terms and Conditions. The User accepts all responsibilities that may result from incorrect use of the contracted services.
4. Cancellation policy
4.1 A full refund will be issued only if the cancellation occurs within 24 hours from the booking and the User specifically paid additional 5€. After that moment, payments are deemed not refundable.
5.1.Our service is free of charge for the Custome. All prices on the Website are displayed including VAT tax and all other taxes (subject to change of such taxes) unless stated differently on our website or in the confirmation email.
6.1 Hyperlinks. Yoyot accepts no liability for the content, commercial activities, products or services that may be viewed by accessing external links on the Website, either directly or indirectly. Yoyot shall not be held responsible for any actions deriving from the use of hyperlinks on the Website or for the consequences of accessing these links.
6.2 Disclaimer. Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events). However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the charter operator as made available on our website, (iii) the services rendered or the products offered by the boats, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or (v) for any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by the User, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the charter operator (its employees, directors, officers, agents, representatives or affiliated companies), including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
6.3 The User undertakes to use the website, its functions and the service for lawful purposes and according to the present General Terms and Conditions. Particularly, the User undertakes neither to send or spread, through the website and its functions, illicit, defamatory, vulgar, obscene, abusive or disturbing content, nor to use the website and its functions to perform any acts which could cause damage to the image and reputation of Yoyot or any other loss or damage to Yoyot. Moreover, the User undertakes not to send advertising materials, undesirable and/or unsolicited communications which could interfere with the functionality and/or the use of the website by third parties.
6.4 Jurisdiction. To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Italian law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Rome, Italy.