Barcando Terms and Conditions

Binding acceptance of the quote or Booking Contract
General booking conditions for charter on Barcando

These General Conditions apply fully to all bookings and purchases of nautical charters made on Barcando's Platforms. Any use of the Platforms or booking/purchase of a nautical charter through them implies the unconditional acceptance of these General Conditions by the Customer.

Definitions

"Barcando Srl" registered at the Reggio Calabria Chamber of Commerce (VAT number 15901511004), publisher of the website www.barcando.it.

"Owner": refers to any individual or legal entity, the owner of the vessel, a representative thereof, or any holder of a valid boat management contract. Both professional and private Owners are authorized to offer their nautical charter services on Barcando's platforms; both must register on the site.

"Customer": refers to a visitor of the Platforms/web portals, i.e., any user of Barcando's services: anyone wishing to book or purchase nautical charters offered for rent or lease on Barcando.

"Nautical charters": refers to the offers of rental or lease of vessels advertised on Barcando's Platforms by the Owners.

"Charter contract": refers to the boat rental/lease contract concluded between the Owner and the Customer.

"Platforms": refers to the website(s), applications, tools, platforms, and/or other devices of Barcando, its affiliates, and business partners through which the Service is made available.

"Service": refers to Barcando's online booking system through which Owners make their boats available for booking and Customers can make bookings and purchases of the proposed nautical charters.

Article 1: Purpose

These General Conditions for booking/purchasing nautical charters regulate the relationships between the Owner, the Customer, and Barcando. As the owner of the advertising Platforms, Barcando endeavors to make the nautical charter offers advertised by registered Owners visible to the Customer, whose charter offers meet the search parameters set by the Customer. Barcando does not represent either the Owner or the Customer. Barcando's activity is to directly connect Customers with Owners via its web Platforms. Barcando does not intervene in the conclusion of the charter contract. Therefore, when the Customer makes a booking through the Platforms, they establish a direct (and thus legal) relationship exclusively with the Owner (the "Customer's Booking"). The Owner grants full powers and gives Barcando explicit authorization to conclude the Customer's bookings on their behalf when it concerns online charter bookings made through the Platforms (Binding Acceptance or Booking Contract). Barcando acts in good faith and can never be held responsible for actions, negligent or willful, related to the relationship between the Owner and the Customer. These conditions do not replace the nautical charter contract.

Article 2: Service Descriptions

The Platform is freely accessible to all internet users interested in booking and purchasing a nautical charter and does not require prior registration. The Platform catalogs the boats of Owners registered on Barcando who offer boat rental/lease services according to the search parameters set by the Customer. Barcando informs its users that it will do everything possible to ensure the Owners regularly update their boats' seasonal availability and related technical specifications and equipment. The information provided by the Owner about the boats and the related photos represents non-contractual content. Barcando advises all users to contact the Owner for a complete inventory before boarding. When using the Platforms, the Customer accesses and evaluates a number of charter proposals offered by the Owners. Through Barcando's system, the Customer can receive detailed quotes for offers that meet their search parameters.

Article 3: Booking Procedure

The steps for booking the desired boat through Barcando’s Platform are as follows:

  • Choose boat
  • Complete quote
  • Binding acceptance of the quote and booking confirmation (by Customer)
  • Booking confirmation (by Owner)
  • Payment of deposit
  • Signing of the charter contract

Article 4: Booking

The Customer interested in booking a nautical charter uses Barcando’s search engine to find the desired boat according to the pre-selected search parameters. Once the boat that meets the search criteria is found, the Customer can fill out the quote online. These quotes have a limited validity.

Article 4.1: Binding Acceptance of the Quote or Booking Contract

It is the acceptance of the clauses of this contract. After completing the online quote, the Customer, if interested in the offer, must proceed with the acceptance of the quote. The Customer can accept the quote by confirming (clicking “I Accept”) the conditions of this booking contract (Binding Acceptance of the Quote or Booking Contract). With this, the Customer is legally committed to finalizing and signing the charter contract with the Owner. At this point, the Customer must click “Confirm Booking,” and the Booking will be sent directly to the Owner.

Article 4.2: Booking Confirmation (by Owner)

After the acceptance of the quote (Binding Acceptance or Booking Contract) and the submission of the booking, the Owner must, within 24 hours, send the Customer the Booking Confirmation. If the Owner fails to confirm the booking within this time frame, the Binding Acceptance will become invalid.

Article 5: Payment of the Deposit

Immediately after the Booking Confirmation by the Owner, the Customer will receive an email with instructions on how to complete the payment and the charter contract. Within 1 day from the receipt of the email containing the confirmation and payment details, the Customer agrees to pay Barcando a deposit for the nautical charter of 30/50% of the total. The percentage of the deposit is defined by the Owner and is visible on the boat's page and the quote. The Customer will proceed to pay the deposit according to the instructions in the booking confirmation.

Article 6: Signing of the Owner’s Charter Contract

After payment, the Customer agrees to sign the final nautical charter contract. The Customer must sign the charter contract with the Owner within 1 day. The booking/purchase of the nautical charter will be exclusively subject to the contractual conditions defined by the Owner.

Article 7: Use of the Boat – Responsibility

The use of the boat and any associated responsibilities are determined at the discretion of the Owner in the Charter Contract. In any case, the following rules apply:

  • The Customer agrees to use the boat as a responsible captain and comply with maritime regulations, customs, and police of the visited countries. If no professional skipper is hired, the Customer affirms they possess the necessary navigation skills and permits for the planned trip.
  • The Customer agrees to use the boat only for recreational purposes, excluding commercial operations, professional fishing, transport, racing, or other activities unless specified in the lease agreement with the Owner.
  • Subletting and lending the rented/leased boat is strictly prohibited.
  • The Customer agrees to embark only the authorized number of people.
  • In case of serious damage (e.g., mast failure, holes, fire), the Customer must urgently notify the Owner to request instructions.

Under no circumstances can Barcando be held responsible.

Article 8: Client Withdrawal

Before boarding: Any cancellation must also be communicated to Barcando via email at info@barcando.it. Cancellation methods are defined in the contract signed with the Owner. Generally, the first deposit will not be refunded.

At the time of boat handover: If the boat is not seaworthy, either due to the lack of an essential safety element or because the Owner cannot offer a boat with identical or superior characteristics, the Customer must follow the cancellation methods specified in the charter contract. The Owner will be solely responsible for refunding the amounts.

Article 9: Cancellation by the Owner

The Owner is not allowed to cancel any online booking/sale. Owners must guarantee the booked boats. If the Owner cannot, for any reason, fulfill the commitment regulated by this contract, they must immediately inform Barcando via Customer Support (info@barcando.it; the subject of the email must include "Delivery Problems"). In case of cancellation of the charter by the Owner, they must offer the Customer a replacement boat of equivalent or superior category. If this is not possible, the Owner will be held responsible and must refund the amounts paid by the Customer, without the Customer being entitled to damages.