TERMS AND CONDITIONS

The present document outlines the terms and conditions for the general use of the website https://marinadirimini.com, which provides marina services, specifically transfer and parking services, offered by the owner of the Application.

1 Definitions

To ensure a complete understanding and acceptance of these terms and conditions, the following terms, both in singular and plural, shall have the meanings indicated below:

• Owner: Marina Blu S.p.A., with registered office in Rimini (RN), via Ortigara, 80, VAT / Tax Code P.iva 03265950406, fully paid-up share capital € 729,020.00, email address info@marinadirimini.com;
• Application: the website https://marinadirimini.com;
• Products: services sold by the Owner;
• User: any subject accessing and using the Application;
• Consumer User: the adult natural person who enters into a contract for purposes unrelated to their entrepreneurial, commercial, artisanal, or professional activity, if any;
• Professional User: the adult natural person or legal entity entering into a contract for the conduct or needs of their entrepreneurial, commercial, artisanal, or professional activity;
• Conditions: this contract that governs the relationship between the Owner and Users and the sale of the Products offered by the Owner through the Application.

2 Scope of application of the Conditions

The use of the Application implies the acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and/or any other notes, legal notices, or information published or referred to therein, they may not use the Application or its related services.

The Conditions may be modified at any time. The applicable Conditions are those in force at the date of transmission of the purchase order or request for the supply of a Product. Before using the Application, the User is required to carefully read the Conditions and save or print them for future reference.

The Owner reserves the right to change, at its discretion, at any time, even after the User’s registration, the graphic interface of the Application, the Contents, and their organization, as well as any other aspect that characterizes the functionality and management of the Application, by communicating to the User, if necessary, the relevant instructions.

3 Purchase via the Application

All Products offered through the Application are detailed on their respective product pages (quality, characteristics, availability, price, delivery times, additional charges, etc.). Some errors, inaccuracies, or minor differences between what is published on the Application and the actual Product may occur. Additionally, any images of the Products are for representation purposes only and do not constitute a contractual element.

Purchases of one or more Products through the Application are allowed for both Consumer Users and Professional Users. Purchases by individuals are allowed only on the condition that they are of legal age. For minors, every purchase and/or request for the supply of Products through the Application must be reviewed and authorized by parents or those exercising parental responsibility.

The offer of Products through the Application constitutes an invitation to offer, and the order sent by the User will be considered a contractual purchase proposal, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner has the right, at its sole discretion, to accept or reject the User’s order without the User being able to object or complain for any reason whatsoever.

The sales contract for the Products is considered concluded with the acceptance by the Owner of the User’s contractual proposal. The Owner will accept the User’s contractual proposal by sending the order confirmation to the email address provided by the User. The confirmation will include the order date, User data, Product characteristics and availability, price or method of calculating the price, any additional charges and taxes, delivery and execution times, methods for exercising the right of withdrawal or its possible exclusion, and the warranty.

The sales contract for the Products is not considered effective between the parties in the absence of what is indicated in the previous point.

In case the Product is not available, the Owner will inform the User of the new delivery or supply terms, asking whether they wish to confirm the order or not. It is understood that the contract will be considered perfected for the Products accepted by the Owner.

The User agrees to verify the correctness of the data reported in the order confirmation and to immediately inform the Owner of any errors. The User will retain a copy of their order, the related confirmation, and the Conditions.

4 Registration

To use the functionalities of the Application, Users must register by providing all the required information truthfully and completely in the respective registration form and fully accept the privacy policy and the Conditions.

Users are responsible for safeguarding their access credentials, which must be used exclusively by the User and cannot be transferred to third parties. Users undertake to keep them confidential and ensure that no third party has access to them. Users agree to immediately inform the Owner in case of suspected or known unauthorized use or disclosure.

The User guarantees that the personal information provided during the registration process is complete and truthful and undertakes to hold the Owner harmless and indemnified from any damage, compensation obligation, and/or sanction arising from and/or in any way connected to the User’s violation of the rules on registration with the Application or the storage of registration credentials.

5 Account cancellation and closure

The registered User can discontinue the use of the Application at any time and deactivate their account or request its deletion through the Application interface, if possible, or by sending a written communication to the email address info@marinadirimini.com.

In the event of a User’s violation of the Conditions or applicable legal provisions, the Owner reserves the right to suspend or close the User’s account at any time and without notice.

6 Prices and payments

The price for each Product is indicated, inclusive of VAT if applicable. If the nature of the Product makes it impossible to calculate it in advance, the methods of calculating the price are provided. Additionally, any taxes and additional fees that may vary depending on the payment method used will be indicated. If these cost items cannot reasonably be calculated in advance, there will be an indication of which expenses will be charged to the User.

The Owner reserves the right to modify the price of the Products and any additional costs at any time. It is understood that any price changes will not affect contracts already concluded before the modification.

The User agrees to pay the price of the Product within the times and methods indicated in the Application and to provide all necessary data if requested. The Application uses third-party tools for payment processing and does not come into contact with the provided payment data (credit card numbers, cardholder names, passwords, etc.).

If these third-party tools deny authorization for payment, the Owner cannot provide the Products and cannot be considered responsible in any way.

7 Billing

For Users who wish to receive an invoice, billing information will be requested. The information provided by the User for issuing the invoice will be considered valid, and the User declares and guarantees that it is accurate, releasing the Owner from any broader indemnity in this regard.

8 Methods of provision of services

The Owner will provide the services to the User according to the methods and within the time frame indicated on the Application and stated in the order confirmation. In case it is not possible to provide the requested services within that period, timely notice will be given to the User via email, indicating when the services are expected to be provided or the reasons that make the supply impossible.

If the User does not wish to accept the new term or if the supply has become impossible, they can request a refund of the amount paid, which will be promptly credited using the same payment methods used by the User for the purchase, within a maximum of 14 days from the date on which the Owner became aware of the refund request.

9 Exclusion of the right of withdrawal of Professional Users

The Professional User is not entitled to the right of withdrawal from the sales or supply contract of the Products. The User expressly acknowledges that the inclusion of a VAT number in the order automatically qualifies them as a Professional User, for whom the right of withdrawal is not provided.

10 Users’ right of withdrawal from the purchase of services

The Consumer User has the right to withdraw without any penalty and without specifying the reason within 14 days from the date of conclusion of the contract, by sending a written communication to the email address info@marinadirimini.com, using the optional withdrawal form provided in the following article, or any other written statement.

In the event of a correctly exercised withdrawal, the Owner will refund the payments received from the User in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the date on which the User communicated the withdrawal from the contract.

The User acknowledges and accepts that they lose the right of withdrawal after the complete performance of a service. Where the performance of the service has not been completely executed and the User wants to withdraw from the contract, they remain obliged to pay the Owner an amount proportional to what has been performed until the moment they exercised the right of withdrawal.

11 Cases of exclusion of the User’s right of withdrawal

The right of withdrawal from the contract of sale or supply of Products by the User is excluded in relation to:

• The supply of Products whose price is linked to fluctuations in the financial market that the Owner cannot control and that may occur during the withdrawal period.
• The supply of Products tailored or clearly personalized.
• The supply of Products that are liable to deteriorate or expire rapidly. This category includes all food products (including beverages) whose characteristics are subject to alteration even as a result of inadequate storage.
• The supply of sealed Products that are not suitable for return for reasons of hygiene or related to health protection and have been opened after delivery.
• The supply of Products that, after delivery, are, by their nature, inseparably mixed with other goods.
• Contracts where the User has specifically requested a visit from the Owner or a professional for urgent repair or maintenance work. If, during such a visit, the Owner or an appointed professional provides services beyond those specifically requested by the User or goods other than spare parts necessary for maintenance or repairs, the right of withdrawal applies to such additional services or goods.
• The supply of sealed audio or video recordings or sealed computer software that has been opened after delivery.
• The supply of newspapers, periodicals, and magazines, except for subscription contracts for the supply of such publications.
• Contracts concluded on the occasion of a public auction.
• The supply of accommodation for non-residential purposes, the transport of goods, car rental services, catering services, or services related to leisure activities, where the contract provides for a specific date or period of performance.

For further clarification, please contact the Owner at the email address info@marinadirimini.com.

12 Optional form to exercise the right of withdrawal

The User can withdraw using the following form, which must be completed in its entirety and sent to the email address info@marinadirimini.com before the expiration of the withdrawal period:

Subject: Withdrawal from the sales or supply contract related to the following product __________ Order number:_______ Ordered on: _______

Name and Surname: _______ Address: ______ Email associated with the account from which the order was placed: ____________________ Date: __________

13 Industrial and Intellectual Property Rights

All contents of the Application, including texts, documents, trademarks, logos, images, graphics, their arrangement, and adaptations are protected by copyright law and trademark protection regulations. The Application may also contain images, documents, logos, and trademarks of third parties that have expressly authorized the Owner for publication in the Application. Except for strictly personal uses, copying, altering, distributing, publishing, or using the Contents without specific authorization from the Owner is not allowed.

14 Exclusion of warranty

The Application is provided “as is” and “as available,” and the Owner does not provide any explicit or implicit warranties regarding the Application. There is no guarantee that the Application will meet the Users’ needs, will be uninterrupted, error-free, or free from viruses or bugs.

The Owner will strive to ensure that the Application is available continuously 24 hours a day, but cannot be held responsible if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be temporarily suspended without notice in the event of system failure, maintenance, repairs, or for reasons entirely beyond the Owner’s control or due to force majeure events.

15 Limitation of Liability

The Owner cannot be held responsible towards the User, except in cases of willful misconduct or gross negligence, for malfunctions or disruptions related to the use of the internet network beyond its control or that of its suppliers.

The Owner will not be liable for damages, losses, and costs incurred by the User due to the non-execution of the contract for reasons not attributable to him, with the User having the right only to the possible full refund of the amount paid and any additional charges incurred.

The Owner assumes no responsibility for the possible fraudulent and unlawful use by third parties of credit cards and other means of payment, as it does not come into contact with the payment data used (credit card number, cardholder name, password, etc.).

The Owner will not be liable for:

• Any loss of business opportunities and any other loss, even indirect, possibly suffered by the User that is not a direct consequence of the Owner’s contract violation.
• Incorrect or inadequate use of the Application by Users or third parties.
• The issuance of incorrect tax documents or data due to errors in the data provided by the User, as the User is solely responsible for correct input.

In no event shall the Owner be held liable for an amount exceeding twice the cost paid by the User.

16 Major force

The Owner cannot be held responsible for the failure or delay in fulfilling its obligations due to circumstances beyond the reasonable control of the Owner, including force majeure events or any unforeseen and unpredictable events that are independent of its will.

The performance of the Owner’s obligations will be considered suspended for the period in which force majeure events occur. The Owner will take any action within its power to identify solutions that allow for the correct fulfillment of its obligations despite the persistence of force majeure events.

17 Links to third party sites

The Application may contain links to third-party websites/applications. The Owner exercises no control over them and, therefore, is not in any way responsible for the content of these websites/applications.

Some of these links may lead to third-party websites/applications that provide services through the Application. In these cases, the terms and conditions for using the website/application and accessing the service set by the third parties will apply, for which the Owner assumes no responsibility.

18 Privacy

The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be consulted on the dedicated page.

19 Applicable law and competent court

The Conditions are subject to Italian law.

For professional users, any dispute relating to the Application, execution, and interpretation of these Conditions shall be under the jurisdiction of the court where the Owner is headquartered.

For consumer users, any dispute relating to the application, execution, and interpretation of these Conditions will be referred to the court of the place where the Consumer User resides or has chosen domicile, if located in the territory of the Italian State. The Consumer User also has the option to take legal action before a judge other than the “consumer forum” as per Article 66 bis of the Consumer Code, competent for the territory according to one of the criteria specified in Articles 18, 19, and 20 of the civil procedural code.

The application of more favorable and non-derogable provisions provided by the law of the country where Consumer Users have their habitual residence is reserved, particularly concerning the deadline for exercising the right of withdrawal, the deadline for returning Products in case of exercising this right, the methods and formalities of communicating the same, and the legal guarantee of conformity.

20 Online dispute resolution for Consumer Users

The Consumer User residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve, out of court, any dispute related to and/or arising from contracts for the sale of goods and the provision of services entered into online. Therefore, the Consumer User can use this platform for the resolution of any dispute arising from the contract entered into online. The platform is available at the following address: ec.europa.eu/consumers/odr/

Date: 05/12/2023