1. Purpose and Acceptance
These Terms & Conditions govern the sale, through the website https://www.bbcalagonone.com, of the services offered by BBCalaGonone (ZOSO TECH di Lucio Occhipinti): self-drive boat rental, boat excursions with skipper, boat cruise, and gift vouchers related to these services. By making a booking or purchase on the website, the customer declares to have read, understood and fully accepted the content of this page.
BBCalaGonone acts as an intermediary. It collects the booking request, confirms it and receives the deposit; the service at sea is actually provided by the partner boat operator, who owns the vessels and holds the relevant authorisations, who is the supplier of the service towards the customer and to whom the balance is paid. The operator's identity and contact details are provided on request and, in any event, when the boat is collected or at departure.
2. Booking & Payment
Bookings are finalised by paying a deposit online. The amount of the deposit varies according to the service and the boat selected and is always shown on the booking page and in the summary displayed before payment. The balance is paid online, as set out below.
Who runs the service and who collects payment. BBCalaGonone takes the booking and collects the deposit as the fee for its own booking service. The service at sea — rental, excursion or mini-cruise — is run by the local operator that owns the boats, and that operator collects the balance directly. The operator's name is shown on your booking receipt.
When the balance is paid. The balance is paid online, after the operator providing the service has confirmed availability, and directly to that operator. The Owner sends the Customer the payment link as soon as confirmation is received; the Customer is not required to take any action before receiving it. The booking is confirmed once the balance has been paid: until then the place is not guaranteed.
Deadline for paying the balance. The balance must be paid no later than 7 days before the departure time. For bookings made less than 7 days before departure, the balance is due within 48 hours of the availability confirmation and in any case no later than 24 hours before departure. If that deadline passes without payment, the contract is terminated, the place returns to the operator's availability and the deposit already paid is retained by the Owner as a withdrawal penalty (Reugeld) under Article 158 para. 3 of the Swiss Code of Obligations, without prejudice to the Owner's right to grant an extension.
The applicable payment conditions are those in force at the time the booking is made, shown on the booking page before payment and set out on the receipt. Any subsequent change to these conditions does not apply to bookings already made, which remain governed by the conditions accepted when the deposit was paid. Where payment is made in two stages, the booking is valid only once both have been made.
Refunds of the balance. The balance is collected by the operator, who answers for it directly and applies its own conditions: up to 72 hours before departure the balance is refunded in full; within 72 hours it is not refunded in cash, but the booking can be moved to another available date. BBCalaGonone passes on the request and remains available to help with the contact, but does not decide on the refund of the balance and cannot guarantee the outcome.
Upon completion of the deposit payment, the customer receives a unique booking code and a summary of the details entered. The website automatically verifies payment through the PayPal system; in case automatic verification fails, confirmation is given manually by BBCalaGonone within a reasonable timeframe.
3. Requirements for Self-Drive Rental
For self-drive boat rental, the customer must:
- Hold a valid boating licence, when required based on engine power and expected distance from the coast, or choose a boat that can be used without a licence within legal limits;
- Present a valid ID document at pickup;
- Strictly comply with the maximum number of people allowed on board for each boat;
- Arrive punctually at the time and box indicated in the booking confirmation.
Failure to meet the above requirements at pickup may result in the rental not being possible, without entitlement to a refund of the deposit.
4. Cancellation Policy
Except as provided in point 5 (suspension of trips), if the customer cancels, the following conditions apply to the deposit paid:
- Cancellation more than 15 days before the scheduled departure time: full refund of the deposit, or a free change of date, at the customer's choice.
- Cancellation between 15 and 7 days before departure: 50% of the deposit is refunded, or the date is changed free of charge.
- Cancellation under 7 days before departure, notified by the customer: no cash refund, as the day can no longer be resold. The date is changed free of charge to a new available date and, if none can be found, the deposit is converted into a voucher valid for 12 months, usable for any service on the website and transferable to another person.
- No-show without any notice: the deposit is not refundable.
What about the balance paid to the operator? The tiers above concern the deposit, which is collected by BBCalaGonone. The balance is collected by the boat operator, who applies its own conditions: up to 72 hours before departure the refund is full; within 72 hours the balance is not refunded in cash, but the booking can be moved to another available date. So if you realise you cannot travel, there is a real advantage in saying so more than 72 hours ahead — and if you are already inside the 72 hours, in asking to move the date rather than to cancel: the date moves, the money does not.
Failure to pay the balance. The balance must be paid by the deadline stated in the payment request. If the deadline passes without the balance having been paid, the Owner notifies the operator, who may make the place available again; the contract is deemed terminated and the deposit is retained as a withdrawal penalty (Reugeld) under art. 158 para. 3 of the Swiss Code of Obligations. The Owner remains free to grant an extension or to apply more favourable conditions. If the customer gives notice before that deadline that they will not be travelling, the corresponding tier above applies.
If the payment terms change after confirmation. If, after the booking has been confirmed, ZOSO TECH di Lucio Occhipinti or the nautical operator change the payment method or deadlines already communicated to the customer in writing — for example by requiring advance payment of a balance that had been agreed to be paid on site — a customer who does not wish to accept the new condition is entitled to a full refund of the deposit, with no penalty and without having to give reasons. Such a change never constitutes a breach by the customer and does not entitle anyone to retain the deposit.
If the customer does not show up. A customer who has paid both deposit and balance and does not appear at the meeting point by the time stated on the receipt is not entitled to any refund, of either the deposit or the balance: the place was held and the service is deemed to have been made available. A delay notified in good time can be handled directly with the operator, within the limits of the departure schedule.
Right of withdrawal. Distance contracts for leisure services to be performed on a specific date — rentals, excursions and mini cruises — are excluded from the fourteen-day right of withdrawal applicable to distance selling (Art. 16(l) of Directive 2011/83/EU, implemented in Italy by Art. 59(n) of the Consumer Code); Swiss law provides no general right of revocation for contracts concluded online. Only the cancellation policy set out in this point therefore applies to your booking.
If we cannot provide the service. If the boat or the seat booked is not available on the confirmed date — because of unforeseen unavailability, a breakdown or any other cause not attributable to the customer — the customer chooses between an alternative date agreed together and a full refund of the deposit. The deposit is never withheld in these cases: the charge described in art. 4 applies only where the customer cancels. If the balance has already been paid, it is refunded by the operator that collected it. In such cases the refund of the deposit paid is the customer’s sole remedy against ZOSO TECH di Lucio Occhipinti in respect of the booking service, any further claim for damages being excluded within the limits permitted by art. 100 of the Swiss Code of Obligations. The right to retain the deposit set out above is therefore balanced by a corresponding obligation of full repayment: neither party can obtain from the other more than the amount actually paid.
Note: ZOSO TECH di Lucio Occhipinti may apply more favourable conditions at its discretion, communicating them directly to the customer at the time of the cancellation request.
5. Bad Weather and Suspension of Departures
If the competent Harbour Master's Office suspends departures for the booked date, the customer is entitled, at their choice, to:
- Reschedule the booking free of charge to a new available date;
- Obtain a full refund of the deposit paid.
Less than perfect weather that still allows the trip to go ahead safely — rain, light wind, a slight swell — does not give a right to a refund within 72 hours: in that case point 4 applies.
The decision is communicated to the customer with as much notice as possible, generally by the evening before or the morning of the booked date.
6. Gift Vouchers
Gift Vouchers purchased through the dedicated page of the website are subject to the following conditions:
- Validity: 12 months from the issue date shown on the voucher itself;
- Activation: the voucher becomes valid and usable only after confirmation by BBCalaGonone that the bank transfer has been received;
- Use: to set the date of the service, the recipient must contact BBCalaGonone quoting the unique code shown on the certificate;
- Refund: Gift Vouchers are not refundable in cash, unless otherwise agreed with BBCalaGonone;
- Transferability: the voucher may be used by a person other than the buyer, by providing the code at the time of booking;
- Expiry: vouchers not used by the expiry date lose their validity, unless extensions are granted at the discretion of BBCalaGonone;
- The Cancellation Policy (point 4) and the bad-weather rules (point 5) apply to the date actually booked using the voucher.
7. Liability & Safety
The customer agrees to comply with the maximum number of people that may be carried on each boat, to use the safety equipment provided (life jackets) and to follow the instructions given by staff or the skipper. BBCalaGonone is not liable for damage resulting from reckless behaviour or failure to comply with safety rules on the part of the customer.
As this is an intermediation service, BBCalaGonone is answerable for the correct handling of the booking and of the deposit received. The condition and maintenance of the vessels, the conduct of the skipper, the performance of the trip and compliance with safety requirements are the responsibility of the boat operator providing the service, who answers for them directly towards the customer. Mandatory consumer-protection rules remain unaffected.
8. Privacy
Personal data provided when booking (first name, last name, phone number) is processed solely for managing the booking and related communications. The Owner is based in Switzerland: processing is governed by the Swiss Federal Act on Data Protection (FADP) and, for customers located in the European Union, by EU Regulation 2016/679 (GDPR). For more information, see our Privacy Policy.
9. Applicable Law and Competent Court
The Owner is based in Switzerland and the services are performed in Italy. These Terms & Conditions are governed by Swiss law, without prejudice to the mandatory consumer-protection rules in force in the customer's country of habitual residence, which the choice of law cannot exclude.
Jurisdiction is governed by the Lugano Convention of 30 October 2007: a customer acting as a consumer may bring proceedings before the court of their own domicile or before that of the Owner, and may be sued only before the court of their own domicile. Italian rules on navigation safety and the orders of the competent Harbour Master's Office remain applicable to the performance of the service at sea.
10. Contact
For any question about bookings, cancellations or gift vouchers, you can contact BBCalaGonone on WhatsApp or by email at occhipintilucio@gmail.com.
Seller details
ZOSO TECH di Lucio Occhipinti — travel intermediation
Via Fontana di Scribar 24 · 6760 Faido · Canton Ticino, Switzerland
Not subject to Swiss VAT (annual turnover below CHF 100,000)
Contact: cusidore@tiscali.it