Table of Contents
Refers to the www.navily.com website provided by Navily as well as the mobile application that can be downloaded free of charge on iOS and Android stores.
“Boater or User”
Broadly speaking, refers to any natural or legal person who uses the services offered by Navily.
Refers to a natural shelter listed on NavilyApp where boats may stopover. They are identified by a colour code in accordance with ratings given by The Boaters.
Refers to any legal professional entity responsible for welcoming leisure crafts with the assistance of the NavilyPro Solution and a valid user account.
Refers to a Marina listed on the NavilyApp but a non-user of the NavilyPro Solution with no User Account.
Refers to comments, ratings and photos posted on NavilyApp by The Boaters
Refers to a request submitted by The Boater through the NavilyApp to a Marina.
Refers to a Stopover Request accepted by a partner marina and a Boater via the NavilyApp.
“Navily Premium Solution”
Refers to a paid solution that gives The Boater access paid services in the form of an annual membership.
Refers to an account that allows The Boater to access his/her profile on the NavilyApp.
Refers to the NavilyApp interface that provides The Boater with an access to his/her personal information (identity, name of boat, documents, payment method, settings, password, Navily Premium membership, bookmarks, tutorials, about Navily).
Refers to any information, documents, texts, programs, music, sounds, photographs, graphics, videos, messages and other elements of all type and forms collected and distributed in the operational framework by The User of The Services provided by Navily.
2.1 Profile Management
The Boater accesses his/her User Profile on the NavilyApp interface by providing his/her email address and password, or through his/her Facebook or Apple account.
Once logged in and, after clicking on Account, the boater can access and manage the following information:
Skipper: The Boater provides his/her full name, email address, phone number, date of birth. He/she can also add a profile picture and a personal description.
Boat: The Boater enters the name of the boat, the type of boat, the multihull character, the overall dimensions of the boat, the draught, the air draught, the registration number, the boatyard, the model, the year of construction, the flag state, the home port and the holding tank.
Documents: The Boater uploads his/her identification document, insurance and boat documentation.
Method of Payment: The Boater adds a payment card.
Settings: The Boater accesses the general NavilyApp settings, the NavilyApp privacy settings and the advertising settings in the NavilyApp
Password: The Boater may modify his/her password and request a new password in case the original is forgotten.
Favorites: The Boater can access his/her favorites to delete or modify them.
Tutorials: The Boater can access the tutorial published by Navily in order to learn how the NavilyApp works
About Navily: The Boater can access the Navily social networks, the General Conditions of Use and the Navily Confidentiality Policy.
2.2 General Functions of Application
When starting the application, the Boater accesses a map on which the marinas, the listed anchorages and the other users connected to Navily are shown. By clicking on each marina, anchorage or connected user, the Boater can access detailed information on each of these points.
This main NavilyApp window provides The Boater with access to the following functions:
The Boater accesses anchorages listed by Navily that appear on the interactive map pursuant to Article 2.2 hereof.
The practical information regarding anchorages are the following:
The Boaters’ publications regarding anchorages are controlled and are subject to the terms and conditions pursuant to Article 2.5 hereof.
2.4 Stopover Requests
2.4.1 Stopover Request Submitted to a Marina
The Boater can send a Stopover Request to a partner marina from the NavilyApp. The Boater acknowledges that he/she cannot send a Stopover Request to a non-user marina.
In order to be able to send a Stopover Request, the Boater hereby accepts that the NavilyApp requests the information necessary to process his/her request by the marina.
Any Boater looking to access the online reservation service must provide the NavilyApp with a payment method, otherwise he/she won’t be able to access the online reservation service nor the Payment Service.
The Boater is hereby informed of the possible restrictions with regard to dates or duration applied by the Marina prior to submitting his/her Stopover Request.
A Stopover Request may be submitted to a Marina up until 17:00 on the requested date of arrival.
For requests of less than 16 nights, the marina has 7 days to accept the request as is. Upon expiry of this period, the Marina shall send a new offer that the user shall have to accept on the NavilyApp in order to confirm the reservation.
For all requests of 16 nights or more, the marina must send an offer to the Boater. The reservation is confirmed as soon as the Boater accepts the marina’s offer on the NavilyApp
Should the Marina submit a new offer, it shall have to specify the price of the anchorage for the period specified and stipulate whether the water, electricity and visitor’s tax are included in the stopover price.
The Boater has access to his/her previous and future Stopover Requests and Reservations in the “Reservations” section. In this section, Boaters can also:
Boaters that submit a Stopover Request or accept an offer from a Marina must be at least 18 years of age and with sufficient capacity to enter into legally binding contracts. By using the Payment Service, The Boater hereby confirms to be 18 years of age or older.
Upon confirmation of a reservation, The Boater concludes a contract with the Marina directly. The Boater must report to the Marina’s harbour master on the day of arrival of the reservation prior to the closure thereof. The schedules are available on the NavilyApp as posted by the Marina.
Navily is not nor shall it become a party to any contract entered into between the Marina and The Boater. Navily is not a broker nor an insurer nor a representative.
Navily shall not be held liable in the event of impossibility to welcome a Boater with a confirmed Stopover Request.
The Boater is responsible for producing a confirmation of insurance in the event that it is required by the Marina at the time of the reservation.
2.4.2 Reservation Payment
If the marina does not manage the payments of the stopovers on Navily, payment of the reservation by the Boater shall be made directly to the partner marina, the latter having to comply with the obligations set forth in article 8.3 hereof.
If the marina manages the payment of reservations made on Navily, a confirmed reservation shall result in 100% of the reservation amount being charged on the last day of the reservation. Navily shall issue a payment receipt that the Boater can collect by sending a request to email@example.com.
The amount paid by the Boater to The Marina is determined by the latter in accordance with the Fee Schedule set forth in Article 2.4.1 hereof.
The Marina instructs The Boater in response to the Stopover Request of the total price incl. tax and eventual supplementary costs, the nature and calculation method thereof.
The Marina hereby agrees to provide The Boater with a receipt in accordance with the total price incl. tax of the reservation, without prejudice to any supplementary costs in accordance with this Article.
Navily shall not be held liable with regard to The Boater’s payment of the fees, therefore it cannot incur liability on behalf of The Boater or The Marina due to a default in payment, partial payment or any other payment incident that may arise. Navily shall be held harmless with regard to non-compliance with tax obligations, including the payment of the stopover tax, with The Marina being solely responsible for paying all duties and taxes that may be incurred.
2.4.3 Withdrawal and Cancellation Policy
Partner marinas shall set their own cancellation policy for reservations on Navily. The cancellation policy may therefore differ from one marina to another.
When a Boater follows the process to send a Stopover Request to a partner marina via NavilyApp, the cancellation conditions for this request are shown on the last step before the request is sent to the marina. If, as set forth in Article 2.4.1, the request requires an offer to be sent by the partner marina, the cancellation conditions are shown on the offer acceptance page.
The cancellation conditions shown to the Boater on the NavilyApp mention 2 key elements:
Any pending Stopover Request may be cancelled without charge by the Boater.
A partner marina cannot change the cancellation conditions shown when the Boater sends the request without sending a new offer which the Boater is free to accept or not.
Once a booking has been confirmed, the partner marina cannot modify the cancellation conditions.
Any cancellation by the Boater after the deadline set by the marina shall result in the Boater having to pay a penalty. Furthermore, in the event of a no-show at the marina on the first day of the reservation, the marina may report this, triggering the payment of the penalty to be paid by the Boater.
It is stipulated that the period of withdrawal in accordance with Article L. 221-18 of the French Consumer Code is not applicable herein pursuant to Article L. 221-28, 12° of the French Consumer Code.
2.5 Rating The Marina and Publications
On the NavilyApp Boaters can rate The Marina on a scale of 1 to 5 (5 being the highest) in accordance with the following criteria:
The Boater must add a comment to his/her rating. The comments as well as the ratings given by the Boater can be consulted at any time by the marina on the website.
The publications indicate the date of the publication, and the date on which the marina was used.
Upon cancellation of a Boater’s User Account, his/her publications are automatically anonymised.
The Boater may modify his/her posts at any time and/or delete them by clicking on the “edit” button located on the publications.
Navily implements a control procedure of the publications posted by the Boaters. Any comment that is deemed fraudulent, false, misleading (directly or by omission, or by failure to update information), defamatory, slanderous, obscene, pornographic, vulgar or offensive, that encourages discrimination, fanaticism, racism, intolerance, hate, harassment, causes harm to an individual or group, violent or menacing or encourages violence or menacing acts against any individual or animal, encourages activities or the usage of illegal or dangerous substances, or breaches the general conditions hereof shall be moderated by Navily.
Navily does not provide any compensation of any kind in return for the posts.
2.6 Payment Service
Navily provides Boaters with an online Payment Service guaranteed by STRIPE Inc., the contracted service provider of online payments.
Navily specifies that STRIPE Inc. has a level 1 PCI certification that corresponds to the highest level of certification, guaranteeing the safety of the online payments.
Users accessing the online Payment Service provided by NavilyApp must be at least 18 years of age and capable of signing legally binding contracts. By using the Payment Service, The Boater hereby confirms to be 18 years of age or older.
The use of the online Payment Service is conditional upon the creation of a User Account in accordance with Article 7.1 hereof. Any request for the cancellation of a User Account leads to the suspension of one’s access to the Payment Service.
The Boater agrees that the overall risk derived from the use of the Payment Service remains his/her own responsibility. Any permission granted by The Boater to an individual to use his User Account in any possible manner entails the liability of The Boater in respect of the aforementioned individual’s actions. Neither Navily nor any other party involved in the creation, production or provision of the payment service shall be held liable for any incidental, special, exemplary or consequential damages arising from the use of the payment service by a third-party.
The Boater hereby authorises Navily to debit the payment as set out herein.
The Boater that uses the NavilyApp Solution and provides a payment method thereby authorises Navily to store the payment method’s data (card number and expiration date) for the entire term of the User Account in order to avoid having to enter new data for every future transaction.
It is worth mentioning that, in accordance with Article 7.2.1 hereof, The Boater may request at any time the cancellation of his/her User Account which shall automatically entail the deletion of data relative to his/her method payment.
The Boater that uses the Navily Premium Solution authorises Navily to store the payment method’s data (card number and expiration date) for the entire term of the User Account in order to avoid having to enter new data for every future transaction.
The Boater may oppose the storage of such data by sending an email to this end to the following address: firstname.lastname@example.org. He/she may also delete his/her banking data at any time by accessing the payment section in his/her User Account.
The Boater agrees to update all data related to his payment method in the eventuality that it changes.
The Boater is solely responsible for the correctness and completeness of the information related to his/her payment method.
Navily shall not be liable for any loss incurred by The Boater due to inaccurate information with regard to the payment method provided.
The General Conditions (hereafter referred to as GC) are expressly acknowledged and accepted by The Boater and acknowledges the utmost familiarity therewith.
In any case, by registering on the NavilyApp and/or an availing of any of the Services offered therein, the Boater undertakes to comply with these GC. The Boater agrees with the application of the entirety of the rules set forth herein, and all those that may be listed in any document available on the Website, amended to the present GC by reference and which govern its relationship with third parties and Navily.
The present GC are enforceable during the entirety of use of NavilyApp and until a new GC supersedes the present.
The User confirms to have consulted the legal notices prior to any use of the services offered by Navily.
The Boater hereby acknowledges that the documents (including any connection data) on the NavilyApp shall hold full evidential value between the parties. The electronic files (including their date and time) shall prevail between the Parties in the event of a dispute.
The Parties grant evidentiary value to their electronic exchanges through the electronic addresses provided by any of the Parties, and to the exchanges on paper addressed to the postal addresses provided by any of the Parties.
Unless otherwise specified, the Parties are free to communicate with one another through one of the means of communication referred to in the previous paragraph.
5.1 Consequential Amendments
Navily reserves the right to make consequential amendments to the NavilyApp at its own discretion given the technical amendments that the supports require or due to applicable legislative developments.
5.2 Substantial Amendments
Navily hereby agrees not to make any Substantial Amendments to these General Conditions that may lead to an amendment of the respective obligations of the Parties, without obtaining prior agreement from The Boater.
A violation of the General Conditions authorises Navily to reject any future access by The Boater to the NavilyApp Solution and/or Navily Premium, and to suspend or terminate the User Account of The Boater responsible for breaching these General Conditions.
7.1 Inscription Request
In order to create a user account on the NavilyApp, the Boater must enter the following information directly on the mobile app or on the Navily website:
7.2 User Account
Once registered, the registered Boater can access his/her user account on Navily by activating the connection settings (login and password).
The identification data for accessing the account are provided to The Boater by email. The Boater must verify the validity of the email address provided upon registering as the email address is a way of identifying the User Account. Should errors or omissions be detected in the data provided by The Boater to the platform pursuant to Articles 2.4.1 and 7.1 hereof, Navily shall not be held liable for any possible consequences.
The Boater shall be responsible for updating, the first time he/she connects and on a regular basis, his/her password and to assure that it consists of letters and numbers of sufficient length.
Any Boater who wishes to close his/her account should send a request to this effect at any time to the following e-mail address: email@example.com.
Boaters subscribed to the Navily Premium Solution may not request a cancellation of his/her account for the entire subscription period.
7.2.2 Connection Settings Responsibility
The Boater is hereby obliged to maintain the utmost confidentiality of the connection settings pursuant to Article 12 hereof.
The Boater is responsible for any use of these settings, whether authorised or not. The Boater is not authorised to assign, loan or transfer his/her connection settings to any third-party or to allow any third-party to connect to his account.
The Boater is solely responsible for the accuracy, quality, lawfulness and reliability of the information and data that he/she provides Navily, without it being possible for him/her to appeal to any inaccuracy in this information and data to get out of his/her obligation.
7.3 “Navily Premium Solution”
The Navily Premium Solution refers to the paid subscription for a period of one year, tacitly renewable from year to year, in return for the payment of an annual subscription that can be consulted at any time on NavilyApp and on the Google and Apple stores.
The parties hereby agree that the Boater shall be able to object to the renewal of his/her obligation by directly logging into his/her Apple or Google account. Similarly, the Boater must contact Apple or Google directly for a refund of his/her subscription.
The options to which the Boater has access when subscribing to Navily Premium are set out before confirming the subscription.
8.1 General Obligations assumed by “The Boater”
In order to allow Navily to provide the best possible service, The Boater hereby agrees to the following obligations:
8.2 General Obligations assumed by Navily
In order to provide a higher quality service to The Boater, Navily hereby agrees to assume the following obligations:
8.3 Payment of Fees by The Boater
The Boater hereby undertakes to pay the total amount of the Reservation to the marina in accordance with the provisions set forth in article 2.4.2 hereof.
The creation of a User Account implies collecting some of The Boater’s personal data. This data may be used by Navily with a view to: (i) sending newsletters to the Users; (ii) processing all or part of the offered service (and notably the follow-up with reservations request). The aforementioned personal data may be collected via "cookies" stored by the server hosting the NavilyApp on the Visitor's hard drive with a view to facilitating browsing or to gather general statistical data on the use of the Website. Even though it does not make it possible to directly identify the Internet user, they are identified by the French Data protection Agency (CNIL) as personal data.
The Boater shall be deemed having accepted the use of their email address for the purpose of prospecting. However, The Boater may decide at any time and free of charge to oppose the usage thereof by sending an email in this regard to Navily.
Each visitor to the www.navily.com website may reject these cookies from being stored by choosing this option in their browser toolbar. Users may do so if they so wish. In such cases, the browsing experience, loading of the Webpages, and the implementation of certain functions may be affected.
Any Boater has the right to access, modify, rectify and delete any of his/her data. If need be, these rights can be executed by contacting Navily by mail at THE NAVIGATION FAMILY**,** 8 Bis Avenue de Buenos Ayres – 06000 NICE; by calling +33.4.97.08.37.44 or by e-mail to firstname.lastname@example.org.
In accordance with Article 6-1 of the French Law on Trust in the Digital Economy (LCEN), Navily must strictly respect the constraints with regard to hosts and has implemented a notification procedure on its Website with regard to the presence of harmful content pursuant to Article 6-I-5° and 6-I-7 of the LCEN.
Apart from the aforementioned legal obligations, Navily does not exercise any active surveillance, censorship, or direct control of the data generated, stored, transferred or used with regard to its Services, including the content displayed on the Website and the documents sent by email. It is the sole responsibility of the User to comply with the regulations in effect.
Under no circumstances shall the user be entitled to send or make use of the Services for one or more of the following purposes:
Any behaviour contrary to the stipulations set forth herein, detected by a NavilyApp User, must be reported to email@example.com and may, once verified by Navily, result in the termination of this Contract. In any event, Navily may block any content that may prove illegal or that may breach the terms and conditions listed herein.
11.1 11.1 Enforcement of Intellectual Property Rights
Navily retains all intellectual property rights that allow the operation of the Website, and in general terms, all the reproduced elements or those used on the NavilyApp are protected by intellectual property rights.
All reproduction, use or adaptation, in any form possible, of all or part of these elements, without obtaining prior written agreement from Navily, are strictly prohibited. Should Navily decide not to launch proceedings upon learning of such non-authorized use, does not imply the acceptance of the said use and waiver of proceedings.
11.2 Enforcement of Copyright © — Links (belonging to Navily or to its partners)
Navily respects copyrights, ancillary rights, hereafter referred to as Copyright. All Copyright of protected works reproduced and distributed on the site is reserved for the whole world. Except as otherwise permitted, any use of the works other than the reproduction and individual and private consultation is prohibited.
11.3 Reproduction on Paper
The reproduction (printing) of the NavilyApp’s pages on paper is only authorised for private and non-commercial purposes.
11.4 Reproduction on Electronic Support
The reproduction of the NavilyApp, whether in its entirety or partially, on electronic support is prohibited.
11.5.1 Creating links to https://www.navily.com
Navily hereby authorises setting up hyperlinks linking to its content, subject to:
11.5.2 Links placed on https://www.navily.com leading to other websites
This website may contain links that divert to third-party websites that are not controlled by Navily. Navily shall under no circumstances be held responsible for the content of other Websites that the User may access from the website. When the User accesses a website not run by Navily, he/she does so at his/her own risk and Navily shall not be held liable with regard to the accuracy or reliability of the information, data, opinions, suggestions or declarations published on the other website, or the quality of the products or Services offered. Navily provides these links for practical reasons only, and these links do not imply in any manner, that Navily is liable with regard to the content or use of these Websites.
All trademarks and other intellectual property rights of the Website’s content (including information, texts, images, copyright, drawings and models) and of the Website’s structure belong to Navily, or their use was granted to Navily by the owners thereof.
The use of this content and their related intellectual property rights is prohibited without prior explicit consent in writing from Navily. All of these rights are expressly reserved.
The User hereby agrees to respect Navily’s intellectual property rights in each Service offered by Navily and to enforce these rights by third parties.
To that end, the user must agree:
The User hereby agrees to inform Navily forthwith of any infringement of intellectual property rights of the latter that he/she may observe.
The User hereby acknowledges and accepts that access to the Website and to the computer programme(s) and software solution(s) provided by Navily does not concede any kind of sale or licence of the intellectual property rights (trademarks and other intellectual property rights) and other rights in favour of the user.
It is hereby strictly prohibited to reproduce, distribute, transmit, publish, provide access by means of a link or hyperlink, modify, adapt or correct the Website in any possible manner without obtaining express written consent from Navily. Failure to comply with this clause may be deemed to be a copyright infringement or a violation of intellectual property rights that may result in penal, civil or administrative penalties.
The User hereby undertakes to:
The User hereby expressly authorises Navily to access data, copy it, store it, reveal, remove, suspend or delete in cases of exceptional circumstances with regard to the aforementioned data.
13.1 Disputes between The Boater and The Marina
Should a dispute arise between a Marina and a Boater, Navily provides The Boater with free access to a Dispute Resolution Centre accessible by email at the following address: firstname.lastname@example.org.
The Dispute Resolution Centre agrees to offer The Boater an amicable solution to the dispute within 15 days from the date on which the request is received.
13.2 Disputes between The Boater and Navily
13.2.1 Applicable law
The contract is governed by the laws of France.
This Contract may be available in different languages, but only the French version shall prevail in the event of a dispute.
13.2.3 Amicable Resolution and Consumer Ombudsman
In the event of a dispute between Navily and a consumer boater that has not been resolved or acknowledged within two months, the latter has recourse free of charge, except for any legal representation and consulting services, to a consumer ombudsman with a view to reaching an amicable resolution to his/her dispute with Navily.
The ombudsman may be contacted directly online at the following address: www.mediation-net-consommation.com or at the following address: MEDIATION-NET Consommation 34, rue des Épinettes - 75017 PARIS (France)
The referral to a consumer ombudsman must be preceded by an attempt to reach an amicable resolution of the dispute between The Boater and Navily by means of a written request addressed to the customer service of the platform at the following address: email@example.com.
The consumer shall submit his/her request to the ombudsman within one year of the date of his/her written declaration to the professional.
The Boater, as a consumer, may access, free of charge, the online dispute resolution platform of the European Commission here: http://ec.europa.eu/consumers/odr.
13.2.4 Competent Jurisdiction
The court having jurisdiction with regard to disputes that may arise between Navily and The Boater that is not a consumer, shall be the commercial court of the location of Navily’s headquarters on the day of the summons thereof.
In the event of a dispute between Navily and a consumer boater, the latter may bring a case before the court having local jurisdiction in accordance with the French Code of Civil Procedure, or the jurisdiction of his residence at the time of the signature of the contract or of the incidence of the dispute.
In the event that a contractual agreement is entered into between Navily and a consumer Boater that does not reside in France but in one of the Member States of the Union, a case brought by The Boater against Navily may be heard either by a court of the Member State in which Navily is domiciled, or in a court where The Boater is domiciled.
A case brought against a Boater consumer that does not reside in France but in one of the Member States of the Union can only be heard by a court of a Member State where The Boater is domiciled.