Terms and General Conditions
Terms of Services
The Terms of Services (hereinafter also referred to as the “ToS”) govern the economic and legal relationship, with reference to the management of the reservations performed through Nausdream Digital Platform
by and between
Nausdream S.r.l., with registered office at Vico II Is Arenas, n. 4, 09126 - Cagliari (CA), Fiscal Code and VAT 036335840923
Users subscribed at the website named www.nausdream.com, as identified at the registration process of the personal account on the above said website
Nausdream S.r.l., with registered office at Vico II Is Arenas, n. 4, 09126 - Cagliari (CA), Fiscal Code and VAT 036335840923, is a Digital Platform that operates through the website www.nausdream.com (hereinafter “Website”) and through apps for mobile devices and smartphones, under the name “Nausdream” (hereinafter also referred to as the “Nausdream Platform”) which has the subject of the development of technical and digital services referring to the nautical and tourism sectors that allows Captains (Users registered whom offer experiences and activities) to promote ads referring to Experiences and Activities on the above said sectors, and Guests (Users that enjoy such services) to book and use Experiences and Activities offered on Nausdream Platform.
In particular Nausdream Platform:
a) develops, implements and manages, on its own and/or through third parties, a digital and innovative platform on the nautical and tourism sectors that allows Guests to select, compare, choose and book, or to plan, maritime experiences and activities and/or on boat;
b) develops, implements and manages, through Nausdream Platform, communication services by and between and/or in favor of the Users by using messages and informations throughout chats;
More specifically, Nausdream offers the following services:
1) promotion, creation and management of the Digital Platform through the website www.nausdream.com, aimed at advertise and book the above said Experiences and Activities offer by the Captains;
2) through the services offered by Nausdream Platform, Nausdream allows Captains to promote ads dedicated to leisure and, more generally, to the share of Experiences and Activities to be carried on in the sea or in the ports, on board of the Captains boat, along with any and all related services, other than to promote images, texts, videos and ads aimed at advertise the activities offered on the Platform;
3) it is, moreover, allowed to Guests, who used the services of Nausdream Platform (hereinafter “Services”), to post reviews over the mode and quality of the activities offered by Captains;
4) Services are carried out through the Website along with the apps developed by Naudream and used by Users;
5) the Website counts on a notice-board in which every Users that meets Nausdream requirements, performing the subscription, is allowed to promote and offer Experiences and Activities to be carried on in the sea or in port on board of Captains’ boats;
6) ads contained on the Website are loaded, directly or indirectly, by Captains, after a previous verification of the necessary requirements. Captains indicate and define the content of the ads other than indicating prices for the relevant Experience and Activity;
7) prices of the Activities and Experiences are defined by Captains by taking into consideration the size of the boat, model, any ancillary services, the itinerary, costs and available places;
8) it is considered a Captain, the physical or juridical person that possess the necessary requirements in order to offer Experiences and Activities to be carried on in the sea or in ports on board of Captains’ boats, either pertaining to Captain or any other subject, either physical or juridical person, anyhow connected to Captain, and in any case under Captain’s responsibility. The evaluation of the necessary professional requirements is remitted to Nausdream’s discretion;
9) Guests are the Users subscribed on Nausdream Platform who uses such a Digital Platform in order to search, compare, select and book Experiences and Activities offered by Captains;
12) by filling the registration form, Users state and declare to have provided Nausdream with the exact, true, updated and complete information with reference to its identity, age, sex, professional experience (referred to Captains), and with reference to any and all personal data in general. Users, moreover, undertake to promptly update the account should personal data change while preserving the accuracy of the data provided to Nausdream;
It remains understood that Nausdream, by operating through Nausdrem Platform doesn’t perform, nor will perform, any activity qualifiable as Shipbroker, provided that Nausdream is a digital service provider who allows the match between supply and demand, taking into consideration that any and all responsibility with reference to experiences and activities, promotion and advertasing, booking of the services, etc., it is remitted to the Users (Captains and/or Guests).
Provided all of the above, which constitutes an integral and substantial part of this ToS, Users state and declare as follows:
I. this ToS shall apply to all the Users, Captains and/or Guests, registered to Nausdream Platform;
II. the use of Nausdream Platform is subject to the acceptance of this ToS. By creating the account, the Users (Captains and Guests) declare to accept this ToS. Users shall comply to the ToS in their integrity, provided that ToS are indivisible: Users are not allowed to comply only to part of the ToS nor shall formulate objections. By accepting this ToS, Users shall -in particular- accept the Rules of Conduct along with Art. III and the following with particular reference to the “Users personal data treatment”. The use of the services provided by Nausdream Platform is considered free of charge and allows the free consultation of the ads, the publication of advertising and the creation of accounts in order to use such services through Nausdream Platform. It remains understood that some functions of the Services shall be subject to the payment of a fee, upon previous acceptance by the Users (Captains or Guests), with reference to specific conditions of the contract referring to such Services. Shouldn’t User comply to, even part of, the ToS Nausdream reserves the right to eliminate Users account.
III. The User shall be responsible with reference to the use of the Service (relating to the publication, consultation and management of the ads other than the relations between Users), and shall be guarantor and responsible with reference to the goods and services offered through Nausdream Platform, other than to be responsible with reference to the correctness, completeness and lawfulness of the ads along with the behavior to undertake with reference to the relations between Users, herein included the use of, proprietary or pertaining to third parties, trademarks and/or other intellectual property rights. Users guarantee the availability and the ownership of the Experiences and Activities advertised through Nausdream Platform. Users, moreover, undertakes any and all responsibilities with reference to any and all damages caused to any third party from the use of the Services, herein included Nausdream Platform in relations to damages caused to the computer system.
IV. Users undertakes to make a proper use of the contacts present on Nausdream Platform.
V. Nausdream is free and clear form any responsibility with reference to the content, completeness and correctness of the ads published on Nausdream Platform, with reference to the data and information indicated on the Platform, with reference to the number and/or quality of the results arising from the use of the Services. In any case Nausdream shall have the right to evaluate, approve, eliminate or limitate the advertising, other than inhibit the consultation of the ads, at its own discretion, should the use of the Services cause damages or shall be considered prejudicial of Nausdream’s or any third party’s rights.
VI. It remains understood that Nausdream, moreover, shall not participate to the negotiations, arising from the use of the Services, between the Users, and shall not guarantee their outcome and goodness. In fact, provided that Nausdream is a digital service provider, doesn’t perform, nor will perform, any activity qualifiable as Shipbroker.
VII. Notwithstanding for the above, and in compliance with applicable law in force, nor Nausdream nor any other player appointed by Nausdream, herein included, but not limited to, staff, consultants, representatives, branches, sister companies, affiliated partners, agents or people involved during the advertising, marketing or divulgation of the Website and its contents, shall be deemed responsible for losses or punitive, special, indirect or consequential damages, with reference to loss of production, profit loss, loss of income, damages to the reputation, losses of any rights, not completeness of the information of the boats (regarding description, prices, availability and classification) offered by Captains through Nausdream Platform, goods and services provided by Captains inside the boat, damages (punitive, special, indirect or consequential) referring to losses and costs, prices paid, due to a non correct use or due to a delay, for any reason, of Nausdream Platform (but connected to its use), personal damages, death, damage to property, or any other damages for losses and costs, anyhow paid, even with reference to legal suits, errors, violations, gross violations, intentional bad administration, omissions, negligence, false statement, civil responsibility, strict liability for any illicit act ascribable to Captains (and/or any of its staff, partners, managers, agents, consultants, companies, etc.), herein included cancellation of reservations, overbooking, strikes, force majeure, and/or any other event beyond Nausdream Platform control.
VIII. User states and declares to be aware that Nausdream is not responsible, nor shall be held responsible, with reference to inefficiencies or failures referring to the goods and services offered on the ads published on Nausdream Platform, provided that Nausdream only offers the Services indicated in this ToS. Should any client or User claim Nausdream for reimbursement or compensation for any damage suffered with reference to damages not ascribable to the direct responsibility of Nausdream, Users shall indemnify and hold Nausdream free from any compensation, reimbursement, costs arising from such claims.
IX. Users state and declare to be aware that Nausdream is not responsible, nor shall be held to be responsible, with reference to the publications of ads on Nausdream Platform by Captains, provided that Nausdream allows Captains to publish directly ads on Nausdream Platform in order to allow Guests to consult them. Notwithstanding for the above, upon reporting, Nausdream may verify the correctness of the ads, and, should be considered appropriate, modify, correct or eliminate such ads and/or the account.
X. Users state and declare to be aware that Nausdream shall not be held responsible with reference to any temporary suspension of the services due to unpredictable malfunctions of the Website or the servers that host the Website. Due to the peculiar nature of internet, the access to the Website could be limited or interrupted in any moment for reasons beyond Nausdrem’s control.
XI. By using they own account and the internal chat a reciprocal and direct relation is established between Captain and Guests. In fact, it remains understood that Nausdream doesn’t provide any shipbroker activity. All the negotiations are undertaken by and between Captains and Guests.
XII. Users, by accepting this ToS expressly undertake to save in a safe and confidential place any and all access informations provided to Nausdream in order to avoid the unwanted access to Nausdream Platform by any unauthorized party whom may modify such personal data, causing damages to Nausdream, and Users in general.
XIII. Users, by accepting this ToS, undertake not to divulge nor to communicate to any third parties the operational process that lays upon Nusdream Platform functioning, which represents an intellectual property owned by Nausdream, and undertake to maintain strictly private and confidential any and all information and documents anyhow acquired through this agreement. Failure to maintain confidentiality and/or in case of any improper use (either alleged or proven), User shall promptly inform Nausdream at the email address [email protected].
XIV. Guest, by accepting this ToS, undertakes to manage with diligence and fairness the relationship with Captains, upon request relating to Captain ads, by using exclusively the means offered on the Website, in order to avoid the use any and other channels od communications, either online or offline, until the booking has been performed.
XV. Users, by accepting this ToS, undertake not to publish, disseminate, comunicate, share, any and alla data and/or contents which are not in compliance with the law in force, or that violate Nausdream or any third parties rights.
XVI. Users, by accepting this ToS, undertake to comply with any and all necessary and appropriate operational process requested in order to respect a correct use of Nausdream Platform.
XVII. Users, by accepting this ToS, undertake, should Users perform in name and/or on behalf of a third party -either company or a organization- not to share nor divulge on its public profile nor on the Website any data and/or information that could reveal the subject and/or the organization that has being represented.
XVIII. Nausdream reserves the right to modify, suspend, interrupt, in whole or in part, the Services without any prior advice. Nausdrem shall not be held responsible with reference to any and all damages caused due to the failure of performances with reference to the incorrect functioning of the electronic systems for reasons that are beyond Nausdream control, herein included, but not limited to, the malfunctioning of the server that hosts the Website and/or any other electronic device (even if they are not part of the internet web), the malfunctioning of any installed software, informatics virus, other than any intentional and damaging actions performed by hackers or by any user having access to the web.
XIX. Users undertake not to falsify their own identity and to comply with any and all law in force. Users, moreover, undertake to not use the Services in order to publish, share, divulge, broadcast any illicit, vulgar, obscene, slanderous, or that offend the common decency, or is injurious to any third party’s rights, or that in any way solicits racial/sexist/religious hatred. Moreover, Users undertakes not to use the Services in order to violate Nausdream, or any other third party, intellectual and/or industrial property. Nausdream allows Users to create a single account for each profile.
XX. In no case, Nausdream shall be held to be part of the rental and sharing agreement, which is only performing between Captains and Guests, provided that Nausdream only performs as a digital platform that allows the communication between supply and demand. It remains understood that Nausdream operates as digital platform, not performing any activities reserved to shipbrokers.
XXI. Nausdream offers to Users the possibility to comment and rate the ads published on the Website, and, however, reserves the right to modify, refuse or eliminate, at its own discretion, any and all comments. The form to be filled in by Users shall be considered a mere survey and shall not include any complementary offer, invitation or commercial incentive of any nature. Such a comment could be: a) published on User’s profile and/or on the advertising of the Experience and Activities and/or published on the Website in order provide other Users with a opinion with reference to the Services, and, b) used by Nausdream, at its own discretion, for marketing reasons, promotional purposes, or in order to improve the Services, by publication on the Website or on any social networks pages (suc as Facebook or others), on newsletters (in case of special promotions), on apps/web-apps, and on any and all other channel used and/or anyhow controlled by reason by Nausdream.
XXII. Users, by including images and/or videos on Nausdream Platform, allows Nausdream to become proprietor of such contents. Users, moreover, state and declare that such contents are not covered by any copyright and that do not violate any third party’s rights.
XXIII. Any and all contents on the Website, such as, texts, graphics, trademarks, logos, icons, images, audios, databases, source codes or softwares, are covered by intellectual property rights, and are property of Nausdream or of any other providing party, who manage them upon user license agreement. Failure to possess a written consent by Nausdream, Users are not allowed to copy, modify, change, publish, promote, distribute, sell, assign the above said material provided on Nausdream Platform, neither in whole or in part.
XXIV. By taking access to Nausdream Platform, Users accept to comply to the following conditions: a) not to reproduce pages and/or frames present on the Website b) not to exploit the name of the Website and/or is proprietor; c) not to reproduce materials and/or links of this Website for commercial purposes. In particular, Users accepts: a) to use the Website in order not to damage nor to violate any third parties’ rights; b) not to use softwares or programs that could damage the Website; c) not to change, alterate, modify, the graphic layout of the Website and/or the programs.
XXV. By accepting this ToS, Users undertakes to indemnify and hold Nausdream harmless from any and all dispute, requests and/or claim arising from and/or relating to a misbehave of the Users with reference to the misbehave of the Users while using Nausdream Platform and the Services therein offered.
XXVI. Nausdream shall not held to be responsible for damages arising from the use of the Website, herein included punitive, direct, indirect, incidental and consequential damages, except for the damages provided by law.
XXVII. Links to other websites. The Website may contain links to other websites, not managed by nausdream.com. Such links shall be provided as a reference, however are beyond Nausdream direct control, provided which Nausdream shall not be held responsible for their content.
XXVIII. As of June 1st, 2016, have been published the tariffs referring to the ads present on the Website: a) no costs for the publication of the ads; b) no costs for the assistance on editing the ads; c) no costs during the assistance to the Guests referring to the boarding; d) with reference to any and all bookings, Nausdream, shall apply to Captains a variable Fee (percentage of the transaction) depending on the area and type of Captain, for the service relating to the publication of the ads on Nausdream Platform.
XXIX. User registered on Nausdream Platform and identified as Guest, who shall select and book an Experience or Activity, shall pay -in order to make the reservation- to Nausdream, through Nausdream payment service, an amount equal to the Fee of the transaction, which is equal to the amount of the Fee to be charged to the Captain for the digital services provided by Nausdream. Guests, in order to complete the payment, shall pay to Captain the remaining amount at the moment of the boarding. Nausdream shall notify to Captains, monthly, a report containing: a) the number of Experience or Activities booked through Nausdream; b) the balance sheet showing the pay off pertaining to Captains.
XXX. Booking and reservations. Guests shall notify to Nausdream, through Nausdream Platform, a request of reservation by clicking on the appropriate area “Request to book”. Captain shall be notified of such a request and shall be allowed to accept it or refuse it. Should Captain accept such a request of booking shall be notify to User a link in which perform the payment indicated in point XXIX above. Reservation shall be confirmed once payment has been received.
XXXI. General rules. Captain is the one and only responsible for running the boat, unless it is agreed, pursuant to the ads, that a substitute or the Users are allowed to run it. In any case, skipper shall possess the necessary requirements in compliance to law in order to run the boat. Any and all damages to goods or persons, for whatever reasons due to the running of the boat, either intentionally or with negligence, Captain shall be the esclusive responsible. Captains undertakes to provide all the participants to the Experience or Activity with the boat, booked through Nausdream Platform, at the convened date and time, in good order and functioning, in a perfect state of seaworthiness, clean, in good condition and ready to service, fully equipped with the legal safety equipments, and, should be convened, with the agreed Captain in order to run the boat. Under Captain’s control, Guests and the participants, shall maintain a good behavior. Should weather conditions change Captains shall provide, if possible, to run the boat in safety conditions, sailing through ports and berths included within the limits of the agreed itinerary. The itinerary may change at Captains’ discretion due to weather conditions or due to technical requirements of the sailing or berths. Captains shall undertake any appropriate decision during the sailing in order to safeguard the participants, and shall provide variation on the itinerary, modify time of departure and arrival at destination, shouldn’t weather conditions be appropriate. Captains shall notify, with a prior advice of at least 48 hours, Guests and participants should the cruise be impossible to be provided due to valid and de facto reasons, in order to allow Guests to select another boat. In case of unpredictable conditions, the above said notification, shall not apply. Shouldn’t Guests find another boat, Nausdream shall recognize a voucher, equal to the payment performed by Guests, to be used for any following bookings. With reference to the above, it remains understood that Nausdream shall not be held responsible in relations to any and all damages suffered by Guests. Guests and participants state and declare to be aware of the risks and dangers that may arise from the sailing. With reference to any and all accident that may occur to Guests or participant, not caused directly by Captain failure, and provided Nausdream disclaimer of responsibility, Nausdream strictly recommend to Guests to stipulate appropriate personal insurance against accidents.
XXXII. Guests and participants shall inform and notify Captains, in a confidential manner, about any and all health problems, allergies to pharmaceutics or foods, physical disabilities, inability to swim or other specific and peculiar problems. Participant shall respect and comply to any and all Captains requests for their safety and security, and shall strictly observe all the directions with reference to assigned positions aboard, other than having to wear the life jackets should it be necessary. Participants undertake not to exploit the cruise for commercial reasons, not to carry on aboard arms, explosives or drugs, not even for personal use. Failure to this disposition, which may cause damages to Captain, Guests shall be obliged to reimburse Captain, or the proprietor of the boat, for any and all damages and costs suffered. Guests shall notify Captain, with a prior advise of at least 48 hours, the cancellation of the booking. It remains understood that, in any case of cancellation, Guests shall not be entitled to the reimbursement. Should Guests cancellate the booking, for personal reasons, or for whatever reasons contrary to Captains, and therefore the cruise is not performed, Nausdream shall compensate Captains with a payment of the variable Fee agreed as payment for the services and calculated on the price indicated on the ads, following a prior confrontation with the defaulting Guests. Captains, however, are allowed to request a higher amount, as a deposit, at the moment of its registration on Nausdream Platform.
XXXIII. It is permitted to Guests to carry on aboard only one baggage, limited and essential, such as small bags, soft and foldable, in order to consent an easy stowage. Each participant shall be responsible for his own baggage, and shall guard its own goods and personal belongings, and shall respond personally in case of any theft, loss or damage. Participants, moreover, are responsible to maintain a good behavior, and shall be responsible for any damages occurred to the boat due to intentional conducts, or with negligence, or which are contrary to Captains recommendations. Smoking is not allowed on decks. It is however permitted only on the boat cockpit, when not sailing and complying with safety rules, in order not to cause damages or bother Captain or other participants. Spirits and animals are not allowed aboard. However, Captains may derogate, or provide even strongest provisions.
XXXIV. Breakdown and damages. In case of breakdown and damages that may request a stoppage for repair, Captain undertakes to provide promptly. Should such a stoppage be longer than 2 hours participants may claim a reimbursement, and Captain shall provide such a compensation proportionally.
XXXV. Jurisdiction - Applicable law. This ToS, along with the relations between Nausdream and Users, is governed by Italian jurisdiction and Italian law in force shall apply. Without prejudice for the application of mandatory rules, any and all disputes arising from the application of this ToS shall be remitted exclusively to the Court of Cagliari.
This ToS shall apply, where consistent, even in case different agreement shall be undertaken with reference to terms of payment. In any case, Nausdream -at any moment- can modify unilaterally this ToS. Nausdream shall notify to Users such modification through email or by publication on the Website.