INDEX
1 – SUPPLIER IDENTIFICATION
2 – DEFINITIONS
3 – SUBJECT OF THE CONTRACT
4 – METHOD OF CONTRACT FORMATION
5 – CONCLUSION AND EFFECTIVENESS OF THE SALES CONTRACT
6 – PURCHASING PROCEDURE
7 – PRICES
8 – AVAILABILITY OF WATER TRANSPORT SERVICES
9 – ACCOUNTING DOCUMENTATION
10 – VAT REFUND
11 – PAYMENT METHODS
12 – CANCELLATION & REFUND POLICY
13 – LIMITATION OF LIABILITY
14 – BUYER’S OBLIGATIONS
15 – PRIVACY – CONFIDENTIALITY AND PROCESSING OF BUYER’S DATA
16 – TERMINATION CLAUSES
17 – CONTRACT STORAGE
18 – COMMUNICATIONS AND COMPLAINTS
19 – APPLICABLE LAW AND JURISDICTION
20 – FINAL CLAUSE
01 – SUPPLIER IDENTIFICATION
01.1 The services governed by these General Terms and Conditions are offered for sale by Venice Luxury Boat of Gianluca Penzo, with registered office at Via Marco Polo 1/A, Postal Code 30013 Cavallino Treporti (VE) – Italy, registered with the Venice Companies Register, Tax Code PNZGLC71R09L736O, VAT No. IT03321650271, website www.veniceluxuryboat.it, email: info@veniceluxuryboat.it, hereinafter referred to as the “Supplier”.
02 – DEFINITIONS
02.1 The term “online sales contract” means the contract for the purchase of the Supplier’s water transport services, concluded between the Supplier and the Buyer within a distance-selling system organised by the Supplier through electronic means.
02.2 The term “Buyer” means a natural person acting as a consumer who makes the purchase under this contract for purposes unrelated to any commercial or professional activity that may be carried out.
02.3 The term “Supplier” means the entity identified above, i.e. the provider of the sales services.
03 – SUBJECT OF THE CONTRACT
03.1 Under this contract, the Supplier sells and the Buyer purchases, remotely via electronic means, the services specified and offered for sale on the website www.veniceluxuryboat.it, a registered trademark owned by the Supplier.
03.2 The services referred to in the previous clause are described on the website www.veniceluxuryboat.it.
04 – METHOD OF CONTRACT FORMATION
04.1 The contract between the Supplier and the Buyer is concluded exclusively via the Internet, through the Buyer’s access to www.veniceluxuryboat.it, where, by following the procedures indicated, the Buyer will submit a purchase proposal for the services referred to in clause 03.1 of the previous Article.
05 – CONCLUSION AND EFFECTIVENESS OF THE SALES CONTRACT
05.1 The purchase contract is concluded by correctly completing the request form and expressing consent to purchase by submitting it online, or by completing the online checkout form at www.veniceluxuryboat.it and subsequently sending the form, after viewing a printable order summary webpage showing the customer’s details, the order details and the price of the purchased service.
05.2 When the Supplier receives the Buyer’s order, the Supplier sends a confirmation email, or displays a printable confirmation and order summary webpage, also containing the details referred to in the previous clause.
05.3 The contract shall not be deemed concluded or effective between the parties if the requirements set out in the previous clause are not met.
05.4 Confirmation and submission of the order by the Buyer implies that the Buyer has read and fully accepted these General Terms and Conditions of Sale. The sales contract between Venice Luxury Boat of Gianluca Penzo and the Buyer shall be deemed concluded upon acceptance of the order by Venice Luxury Boat of Gianluca Penzo.
If the Buyer is the final consumer (a natural person purchasing the service(s) for purposes unrelated to any professional activity, i.e. making the purchase without providing a VAT number in the order form), once the online purchase procedure is completed, the Buyer shall print or save an electronic copy of these General Terms and Conditions and retain them, in accordance with the applicable distance-selling regulations.
05.5 The Buyer shall have no right to compensation for damages or indemnity, nor shall any contractual or non-contractual liability arise, in the event the Supplier does not accept an order, even partially.
Venice Luxury Boat of Gianluca Penzo shall in no event be held liable for failure to finalise the contract due to force majeure, customer responsibility or third parties.
06 – PURCHASING PROCEDURE
06.1 The Buyer may purchase only the services available in the online catalogue at the time the order is placed and viewable at www.veniceluxuryboat.it, as described in the relevant information sheets. The order will be validly processed upon confirmation that authorisation to charge the Price and the transport-related costs has been obtained.
06.2 Any image accompanying a service description may not perfectly represent its characteristics. All services offered on www.veniceluxuryboat.it are transport services carried out in the Venice lagoon.
06.3 All information provided to support the purchase (usage tips, information, etc.) is intended as general informational material and does not refer to the technical characteristics of a specific service.
06.4 Correct receipt of the order is confirmed by Venice Luxury Boat of Gianluca Penzo by email sent to the email address provided by the Buyer. The confirmation message will indicate the date and time the order was received and an order number to be used in any further communication with Venice Luxury Boat of Gianluca Penzo. The message will reproduce all data relating to the purchase entered by the Buyer, information on the essential characteristics of the service, the price, payment methods, delivery/fulfilment procedures and costs, and any applicable taxes. The Buyer shall verify the accuracy of such data and promptly communicate any corrections, in accordance with the procedures described in this document.
06.5 If an order is not accepted by Venice Luxury Boat of Gianluca Penzo, Venice Luxury Boat of Gianluca Penzo guarantees timely notice to the Buyer, without any obligation to state the reasons for non-acceptance.
07 – PRICES
07.1 All sale prices for the services displayed and indicated on the website www.veniceluxuryboat.it are expressed in euros (€) and constitute an offer to the public pursuant to Article 1336 of the Italian Civil Code.
07.2 The sale prices referred to above include VAT for Italy and EU countries. The same prices apply to non-EU countries, however in such case they shall be understood as excluding VAT.
07.3 The prices indicated for each service offered to the public are valid until the date shown at the time the purchase is completed.
07.4 Venice Luxury Boat of Gianluca Penzo reserves the right to change prices at any time, but undertakes to apply the prices indicated on the Site at the time the order is placed.
07.5 In the event an incorrect and/or manifestly unreasonable price is displayed for any reason (software bug, manual error, technical error, etc.), the order will be cancelled even if initially validated.
08 – AVAILABILITY OF WATER TRANSPORT SERVICES
08.1 The services sold on www.veniceluxuryboat.it are water transport services and/or tours on boats. The Supplier indicates in its online catalogue the services that are immediately available for purchase.
08.2 The Supplier’s IT system confirms registration of the order as quickly as possible by sending the User an email confirmation.
09 – ACCOUNTING DOCUMENTATION
09.1 For each accepted and completed order, Venice Luxury Boat of Gianluca Penzo does not immediately issue the fiscal receipt for the purchased service; it will be issued once the Buyer is on board for the execution of the water transport service, pursuant to Article 14 of D.P.R. 445/2000. No changes to the fiscal document will be possible after it has been issued.
09.2 Upon specific request by the customer after purchase, by writing to info@veniceluxuryboat.it, an invoice may be issued.
10 – VAT REFUND
10.1 Please note that VAT is not refunded by Venice Luxury Boat of Gianluca Penzo for purchases made on www.veniceluxuryboat.it.
11 – PAYMENT METHODS
11.1 Any payment by the Buyer may be made exclusively through one of the methods indicated on the dedicated webpage www.veniceluxuryboat.it/metodi-di-pagamento by the Supplier.
At the same time the Buyer places the order, the relevant banking institution will authorise the charge of the amount relating to the order on the Buyer’s credit card.
11.2 At no time during the purchase process is Venice Luxury Boat of Gianluca Penzo able to access the Buyer’s credit card details. Such data is transmitted only via a protected connection (128-bit SSL encryption) through the online payment system provided by the banking institution, which manages the transaction in full. Venice Luxury Boat of Gianluca Penzo will never become aware of such data and will not store it in any way on digital archives.
12 – CANCELLATION & REFUND POLICY
12.1 Pursuant to Legislative Decree 21/2014, if the Buyer is a final consumer (i.e. a natural person purchasing the service for purposes unrelated to any professional activity, and therefore not providing a VAT number in the order form), the Buyer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations, without prejudice to what is set out in clause 12.3 below.
12.2 The Buyer may not exercise this right of withdrawal for contracts concerning services made to measure or clearly personalised, and in any other cases provided for by Article 55 of the Italian Consumer Code.
12.3 The right of cancellation and refund is subject to the following conditions:
- the right applies to the purchased service in its entirety;
- from the time of payment up to 48 hours before the service date: the refund equals 80% of the total amount paid by the Buyer;
- from 48 hours up to 24 hours before the service date: the refund equals 50% of the total amount paid by the Buyer;
- from 24 hours before the service date: no refund will be permitted.
Upon receipt of the Buyer’s notice exercising the right of withdrawal, the parties shall be released from their respective obligations, without prejudice to what is provided for in the previous clauses of this Article.
13 – LIMITATION OF LIABILITY
13.1 The Supplier shall not be liable for any service disruptions attributable to force majeure if the Supplier is unable to fulfil the order within the timeframes provided for by the contract.
13.2 The Supplier shall not be liable to the Buyer (except in cases of wilful misconduct or gross negligence) for disruptions or malfunctions related to the use of the Internet outside the Supplier’s control or that of its subcontractors.
13.3 The Supplier shall not be liable for any fraudulent or unlawful use by third parties of credit cards, cheques or other payment methods used to pay for purchased services, provided that the Supplier proves it has adopted all reasonable safeguards based on the best knowledge and experience available at the time and in accordance with ordinary diligence.
13.4 Under no circumstances may the Buyer be held liable for delays or issues in payment if the Buyer proves that payment was made within the time and in the manner indicated by the Supplier.
13.5 Venice Luxury Boat of Gianluca Penzo cannot in any case be held liable for poor, incorrect or unsuitable performance of the services sold on www.veniceluxuryboat.it.
13.6 The services sold on www.veniceluxuryboat.it shall be deemed water transport services.
14 – BUYER’S OBLIGATIONS
14.1 The Buyer undertakes to pay the price of the purchased service within the time and in the manner indicated in the contract.
14.2 Once the online purchase procedure has been completed, the Buyer undertakes to print and retain this contract.
14.3 The information contained in this contract has already been reviewed and accepted by the Buyer, who acknowledges this, as this step is mandatory before purchase confirmation.
15 – PRIVACY – CONFIDENTIALITY AND PROCESSING OF THE BUYER’S DATA
15.1 The Supplier protects the privacy of its customers and guarantees that data processing complies with the privacy regulations set out in Legislative Decree of 30 June 2003, No. 196.
15.2 The personal identification and tax data acquired directly and/or through third parties by the Supplier, Venice Luxury Boat of Gianluca Penzo, are collected and processed in paper, electronic and telematic form, in accordance with the processing methods, for the purposes of registering the order and activating the procedures necessary to perform this contract and the related communications, as well as to comply with any legal obligations, and to enable effective management of commercial relationships to the extent necessary to provide the requested service (Art. 24, paragraph 1, letter b, Legislative Decree 196/2003). The data may also be used for statistical analysis and commercial and promotional communications, without prejudice to the Buyer’s right to notify the Supplier at any time of their wish to no longer receive such communications.
15.3 At no time during the purchase process is Venice Luxury Boat of Gianluca Penzo able to access the Buyer’s credit card details. Such data is transmitted only via a protected connection (128-bit SSL encryption) through the online payment system provided by the banking institution that fully manages the transaction. Venice Luxury Boat of Gianluca Penzo will never become aware of such data and will not store it in any way on digital archives.
15.4 The Supplier undertakes to treat as confidential the data and information provided by the Buyer and not to disclose it to unauthorised persons, nor to use it for purposes other than those for which it was collected, or to transfer it to third parties. Such data may be disclosed only upon request of the Judicial Authority or other authorities authorised by law.
15.5 Personal data will be disclosed, subject to the signing of a confidentiality undertaking, only to parties delegated to carry out the activities necessary for the performance of the concluded contract, and disclosed exclusively for that purpose.
15.6 The Buyer enjoys the rights set out in Article 7 of Legislative Decree 196/2003, namely the right to obtain:
a) updating, rectification or, where there is an interest, integration of the data;
b) erasure, anonymisation or blocking of data processed in violation of the law, including data whose retention is not necessary in relation to the purposes for which it was collected or subsequently processed;
c) confirmation that the operations referred to in letters a) and b) have been brought to the attention, including with regard to their content, of those to whom the data has been communicated or disclosed, except where such fulfilment proves impossible or involves a manifestly disproportionate effort in relation to the protected right. The data subject also has the right to object, in whole or in part: i) on legitimate grounds, to the processing of personal data concerning them, even if relevant to the purpose of collection; ii) to the processing of personal data concerning them for the purposes of sending advertising material or direct sales, or for carrying out market research or commercial communication.
15.7 The Buyer’s provision of their personal data is a necessary condition for the correct and timely performance of this contract. Failing this, the Buyer’s request cannot be processed.
15.8 In any case, the acquired data will be stored for a period no longer than necessary for the purposes for which it was collected or subsequently processed. Removal will in any case take place securely.
15.9 The data controller for the collection and processing of personal data is the Supplier, to whom the Buyer may address, at the company’s registered office, any request for the attention of Mr. Andrea Della Valentina, appointed by the company as data processing manager and legal representative of the Company.
15.10 Any content received at the Supplier’s postal (including email) address (requests, suggestions, ideas, information, materials, etc.) shall not be considered confidential information or data, must not violate third-party rights, and must contain valid, non-infringing and truthful information; in any event, no liability shall be attributed to the Company for the content of such messages.
15.11 The website www.veniceluxuryboat.it, and browsing data, are hosted on Cloud Servers in the U.S.A. with the Service Provider CloudWays Inc., a leading company in hosting and cloud computing services.
The optional, explicit and voluntary sending of emails to the addresses indicated on this website entails the subsequent acquisition of the sender’s email address, necessary to respond to requests, as well as any other personal data included in the message. Specific summary notices will progressively be provided or displayed on the pages of the website prepared for specific requested services.
16 – TERMINATION CLAUSES
16.1 The obligations set out in Article 19 undertaken by the Buyer, as well as the guarantee of successful payment made by the Buyer using the means referred to in Article 13 and the proper fulfilment of the obligations undertaken by the Supplier, are essential; therefore, by express agreement, the breach of even one of such obligations, where not caused by fortuitous event or force majeure, shall result in termination of the contract by operation of law pursuant to Article 1456 of the Italian Civil Code, without the need for a court ruling.
17 – CONTRACT STORAGE
17.1 Pursuant to Article 12 of Legislative Decree 70/2003, the Supplier informs the Buyer that every order submitted is stored in digital/paper form in a digital archive at the Supplier’s premises, in accordance with confidentiality and security criteria.
18 – COMMUNICATIONS AND COMPLAINTS
18.1 Written communications addressed to the Supplier and any complaints shall be deemed valid only if sent by registered letter with return receipt (A/R) to the following address: Venice Luxury Boat of Gianluca Penzo – Via Marco Polo 1/A, Postal Code 30013 Cavallino Treporti (VE), VAT No. IT03321650271, or sent to the following email address info@veniceluxuryboat.it or to the certified email (PEC) address penzo.gianluca@legalmail.it.
18.2 In the purchase (checkout) form, the Buyer indicates their residence or domicile, telephone number or email address to which they wish the Supplier’s communications to be sent.
19 – APPLICABLE LAW AND JURISDICTION
19.1 This contract is governed by Italian law.
19.2 For matters not expressly provided herein, the applicable legal provisions governing the relationships and cases contemplated by this contract shall apply, in particular Article 5 of the 1980 Rome Convention.
19.3 Pursuant to Article 60 of Legislative Decree 206/2005, reference is hereby expressly made to the rules contained in Part III, Title III, Chapter I of Legislative Decree 206/2005.
– All disputes arising from this contract shall be referred to the Venice Chamber of Commerce (Italy) and resolved in accordance with the conciliation rules adopted by it.
– Should the parties decide to bring proceedings before the ordinary judicial authority, the competent court shall be that of the place of residence or elected domicile of the Consumer, as mandatory pursuant to Article 33, paragraph 2, letter u) of Legislative Decree 206/2005.
19.4 By entering into this sales contract, the parties agree and accept that, for the resolution of civil and criminal disputes arising from the conclusion of this Contract, territorial jurisdiction shall be exclusively that of the Court of Venice – Italy.
20 – FINAL CLAUSE
20.1 This contract revokes and replaces any prior agreement, understanding, negotiation, written or oral, previously entered into between the parties concerning the subject matter of this contract.
Venice, 15 January 2026
