GARDALANDING TERMS AND CONDITIONS OF SALE (ONLINE)

1. SUMMARY OF THE MAIN TERMS AND CONDITIONS OF SALE

These Terms and Conditions govern the offer and sale of Products (as defined below) on the website www.nowticket.it and on other web addresses and subdomains redirecting to nowticket.it (NowTicket or the Website), operated by Elko snc, with registered office in Peschiera del Garda, Via Mantova 23, registered with the Verona Companies Register under no. VR401897, tax code and VAT no. 04213890231, an online travel agency licensed under protocol no. 0050178 issued by the Veneto Region, Province of Verona, operating under the brand GardaLanding (hereinafter, NowTicket).

We invite you to carefully read all the General Terms and Conditions before submitting your order, as the following is only a summary of the main terms and conditions of sale.

2. PERSONS AUTHORIZED TO PURCHASE

Only adults and consumers may be customers of the Website and the App (a natural person acting for purposes unrelated to any business, commercial, craft, or professional activity carried out).

3. PRODUCTS OFFERED

(Products): NowTicket sells vouchers to redeem tickets, or tickets issued by museums, cultural institutions, theaters, and tour operators (the Supplier), or by third parties, to access Supplier facilities and exhibitions and/or to use leisure or travel services offered by the Supplier (the Supplier’s Service).

The Products may also include tickets for leisure or travel services provided directly by NowTicket (including travel packages, which may in any case be subject to additional terms and conditions) and auxiliary additional services related to the Supplier’s Products. In this case, NowTicket is considered a Supplier for the purposes of these Terms and Conditions.

Unless otherwise specified, in relation to any purchase you may make on the Website and the App, NowTicket acts as an agent or reseller of the Supplier or third parties, or as a service provider, and NowTicket disclaims any liability for the adequacy of the Supplier’s Service or for any consequences arising from the use of the Supplier’s Service.

4. PRODUCTS AND PRICES

Products are described on the “product description” page available on the Website and the App. Prices are indicated in euros and always include VAT.

5. PURCHASE PROCEDURE

To submit an order to purchase one or more Products, you must complete the online Order Form (to be considered a contractual proposal) and submit it electronically to NowTicket.

By submitting an Order Form to NowTicket, you declare (a) that you have fully read and understood the “product description” of the Supplier’s Service, and (b) that you unconditionally accept and agree to comply with these General Terms and Conditions and (where applicable) the Supplier’s terms and conditions of sale (the Service Conditions).

We recommend that you carefully read the cancellation and no-show policies of the relevant Supplier before making your reservation.

YOU MUST ARRIVE AT THE TIME INDICATED FOR THE PURCHASED SUPPLIER SERVICE PRODUCT; no refund will be due in the event of non-attendance or late arrival.

6. ORDER MANAGEMENT

Once an Order Form has been submitted, NowTicket and/or the Supplier will send you your electronic ticket, or will inform you by email of the location where you can collect your paper ticket, or will provide by email the address where the paper copy of your ticket will be available for collection.

7. PERSONAL DATA

For any information regarding the processing of your personal data, please consult the “privacy regulations” section.

For any information, you may contact NowTicket Customer Care at the following email address: info@nowticket.it.

When operating as a travel agency under applicable law, NowTicket is insured under policy no. 10570641R-LB issued by LLOYD’S in collaboration with AMI Assistance.

8. SCOPE OF APPLICATION

Products are offered for sale exclusively to:
(a) consumers (within the meaning of Legislative Decree no. 206/2005), i.e. any natural person acting for purposes unrelated to any business, commercial, craft, or professional activity;
(b) adults (under the laws of their respective countries).

NowTicket reserves the right to refuse to process orders from persons other than consumers and any other order that does not comply with these General Terms and Conditions.

NowTicket sells on the Website and App:
(a) vouchers to redeem tickets to use the Supplier’s Service as agent or reseller of the relevant Supplier or third parties (Mode A);
(b) access to the Supplier’s platform to purchase tickets for the Supplier’s Service (Mode B);
(c) tickets for leisure or travel services organized by NowTicket and any other Product sold directly by NowTicket (Mode C).

The Service is operated directly by NowTicket only where expressly specified.

A. Rules common to Modes A, B and C

9. Product Information and Prices

Details and information relating to the Supplier’s Service and the Product are indicated in the “product description” on nowticket.it. This section also shows the Product price, visible in the selected currency and inclusive of VAT.

Please ensure that all price information displayed on the Website is correct before submitting an order.

In accordance with Article 7-ter of Legislative Decree no. 633/72, VAT is applied on the invoice both to persons fiscally resident in Italy and to consumers not fiscally resident in Italy.

By submitting your order, you declare that you have fully read and understood the “product description” of the Supplier’s Service and the selected Product.

10. Exclusion of Liability

NowTicket is exclusively responsible for the sale of Products supplied in its own name and on its own behalf (Mode C).

In all other cases, NowTicket assumes no responsibility for the Suppliers’ Services, which are provided exclusively by the relevant Supplier.

To the maximum extent permitted by applicable law, you agree to exclude NowTicket’s liability for any cost, expense, loss, or liability you may incur as a result of any breach of the Service Conditions by a Supplier other than NowTicket and/or any event connected in any way to the service provided by such Supplier.

By purchasing a Product, you accept and approve the relevant Service Conditions, including the Supplier’s cancellation and no-show policies, and any additional conditions the Supplier may apply to your booking or during your visit.

You must attend the Supplier’s Service on the date and at the time indicated in your Order Form. No refund will be due in the event of non-attendance or late arrival.

If you wish to cancel your booking, you are informed that cancellation fees may apply in accordance with the Supplier’s cancellation and no-show policies. We recommend that you carefully read these policies before submitting your booking.

11. Booking Procedures

To submit an order for the purchase of one or more Products on the Website and the App, you must select the Product and complete the online form, which shall be considered a contractual proposal (the Order Form).

The Order Form consists of a “customer information” page containing personal details and a second page allowing you to provide your payment details (please refer to Article 5 above). The Order Form also includes the main characteristics of the ordered Product, the unit price (including VAT), and a link to the Service Conditions.

In accordance with Article 7-ter of Legislative Decree no. 633/72, VAT is applied on the invoice both to persons fiscally resident in Italy and to consumers not fiscally resident in Italy.

To submit your details and complete the Order Form, you must register on the Website or provide your personal data for a single purchase (by completing the registration/order form with your personal data or by logging in via a social network account you own).

The user declares and guarantees that all personal data provided during the registration/order process are up-to-date, complete, accurate, and truthful. The user authorizes NowTicket to verify the accuracy of the personal data and any other information provided and agrees to cooperate with NowTicket during such verifications.

By submitting an Order Form to NowTicket, you unconditionally accept and agree to comply with these General Terms and Conditions and the Service Conditions. A brief summary of the main Service Conditions and a link to their full version are available on the Website and the App at any time.

The Order Form is stored in our database for the time necessary to process your order and for the period required by law. You can consult the Order Form in your personal area of the Website or App, under the “Profile” section.

GardaLanding is the Tour Operator Agency of ELKO snc – Via Mantova 23, 37019 Peschiera del Garda (VR) – VAT no. 04213890231 – Province of Verona R.U. 50178 of 28/05/2015 – travel@gardalanding.com – +39 045 7550810 – www.gardalanding.com

12. Payments

Before submitting the Order Form, you are required to provide the information necessary to process your payment using the selected payment method (for example, credit card details).

All financial details (i.e. credit card number or expiration date) are transmitted via encrypted protocol to a payment service provider and, where applicable, to Stripe, PayPal, or other payment service providers available from time to time on the Website and the App, without third parties having access to such data.

These details are not used by NowTicket except to complete the purchase procedure or to process refunds in the event of cancellations, in accordance with the exercise of the right of withdrawal, or to report cases of fraud to law enforcement authorities.

13. Conclusion of the Sale

An order is deemed submitted when NowTicket electronically receives your Order Form and the information provided therein is verified and deemed correct.

The contract is deemed concluded when – following an authorized payment through the Website or the App – NowTicket (where Modes A and C apply) or the Supplier (where Mode B applies) sends you the electronic voucher or ticket.

14. Invoicing

If payment is made directly to NowTicket’s bank account, and NowTicket therefore directly issues the invoice or payment receipt, the relevant invoice or receipt issued by NowTicket will indicate the amounts received on behalf of the Supplier and the service fees paid directly to NowTicket or, where Mode C applies, the amounts received by NowTicket on its own behalf.

B. Provisions Applicable to Mode A

14. Confirmation by NowTicket

With reference to certain Products, as specified on the relevant “product description” page, NowTicket acts as agent or reseller of the relevant Supplier.

Upon acceptance of the order and an authorized payment through the Website, NowTicket sends you by email the voucher to redeem the ticket from the Supplier or to directly use the Supplier’s Service.

The Supplier’s Service is subject to the Service Conditions prepared by the Supplier, the main terms of which are always available on the Website and are provided again in the confirmation email.

C. Provisions Applicable to Mode B

14.1 Confirmation by the Supplier

With reference to certain Products, as specified on the relevant “product description” page, NowTicket provides a search engine service to collect information on tickets and offers from Suppliers, and a software application that allows users to directly make a booking or purchase an order for the Supplier’s Services, without needing to connect again to the Supplier’s website.

Following payment through the Website, the Supplier sends you your electronic ticket or informs you by email of the location where your paper ticket will be made available.

When this Mode is followed, the booking/purchase is made by the user and processed directly by the Supplier. NowTicket assumes no responsibility for any failure or delay in the booking/purchase procedure by the Supplier.

The Supplier’s Service is subject to the Service Conditions prepared by the Supplier (available at any time on the Website and on the Supplier’s website).

D. Provisions Applicable to Mode C

14.2 Confirmation by NowTicket

With reference to certain Products, as specified on the relevant “product description” page, NowTicket acts as Supplier under these General Terms and Conditions.

Following payment through the Website, NowTicket immediately sends you your electronic ticket (in its own name and on its own behalf) or the relevant documents required to use the requested service.

Services provided directly by NowTicket are subject to the Service Conditions prepared by NowTicket, available at all times on the Website and provided again in the confirmation email.

15. Final Provisions

15.1 Privacy

Your personal data are processed by NowTicket for the purpose of providing the Products.

NowTicket communicates to the Supplier – identified on the “product information” page and in the purchase order – the personal data strictly necessary to provide the Supplier’s Service (i.e. the user’s name, email address if required to provide the Supplier’s Service and the booking made on nowticket.it, and any information related to such data).

NowTicket and the Suppliers each act independently as data controllers for the personal data provided and solely for the purpose of providing their respective Services.

At any time, you may withdraw your consent to receive newsletters and updates from NowTicket regarding products similar to those already purchased. You may also give consent to receive marketing communications and to market research activities by the Supplier and allow NowTicket and the Supplier to conduct market analysis on your personal data.

We recommend that you consult the full privacy policy of NowTicket on nowticket.it.

15.2 Amendments

The General Terms and Conditions may be amended at any time following the introduction of new laws or regulations or for other reasons. The new General Terms and Conditions shall be effective from the date of publication on nowticket.it.

We recommend that you regularly visit this section of the Website to check whether more recent and updated General Terms and Conditions have been published.

15.3 Miscellaneous

If any provision of these General Terms and Conditions is deemed unlawful, invalid, ineffective, or contrary to law following a final decision by a competent court, such provision shall be removed, and all other provisions of these General Terms and Conditions shall remain fully effective and valid.

NowTicket reserves the right to transfer and/or assign to a third party any right arising under these General Terms and Conditions without restriction.

15.4 Applicable Law and Jurisdiction

These General Terms and Conditions are governed by Italian law and, in particular, by Legislative Decree no. 206/2005 regarding distance selling and Legislative Decree no. 70/2003 regarding certain aspects of electronic commerce.

If you are resident in an EU Member State other than Italy, pursuant to Article 6(2) of Regulation (EC) No. 593/2008, you will also benefit from the protection of the mandatory provisions of the law of your country of residence.

The competent court shall be the Court of Verona.

15.5 Online Dispute Resolution

Pursuant to Article 14 of Regulation (EU) No. 524/2013, you are hereby informed that disputes relating to the purchase of Products on the Website may be resolved through the online ODR platform managed by the European Commission.

GardaLanding is the Tour Operator Agency of ELKO snc - Via Mantova 23 37019 Peschiera del Garda (VR) - P. IVA 04213890231 Provincia di Verona R.U. 50178 del 28/05/2015 travel@gardalanding.com - 045/7550810 – www.gardalanding.com www.gardalanding.comTermini e Condizioni di Vendita di Giftbox su NowTicket.it (ovvero cofanetti WE Lake IT!) versione 18.04.2018 (i Termini e Condizioni Giftbox)

16. Introduction

16.1 Subject Matter and Supplementary Rules

These terms and conditions govern the offer and sale of NowTicket Giftboxes by Elko snc – with registered office in Peschiera del Garda, Via Mantova 23 – 37019 – (NowTicket) – on the website www.welake.it, on other web addresses redirecting to NowTicket.it and welake.it (NowTicket or the Website), and through any other channel.

The Giftbox Terms and Conditions are integrated by and supplemented with the General Terms and Conditions of Sale of NowTicket, which are hereby expressly recalled and shall fully apply to the purchase and use of the NowTicket Giftbox.

16.2 Definitions

NowTicket Giftbox (Giftbox):
A thematic electronic or physical gift box relating to the Products (as defined below) offered on the Website, containing a Code (as defined below).

NowTicket reserves the right to expand or modify the list of available Giftboxes or to discontinue their distribution at its sole discretion and at any time.

Code:
A non-nominative entitlement title allowing the Beneficiary (as defined below) to redeem exclusively one or more Products associated by NowTicket with the purchased Giftbox and consistent with its theme.

Product:
A voucher to redeem a ticket, or a ticket, issued by museums, cultural institutions, theaters, and tour operators (the Supplier) to access Supplier facilities and exhibitions and/or to use leisure or travel services offered by the Supplier.
Products may also include tickets for leisure or travel services provided directly by NowTicket. In this case, NowTicket acts as the Supplier of the service.

The selection and use of the Products are governed by the applicable terms and conditions.

Beneficiary:
The recipient of the Giftbox who uses the Code.

Purchaser:
The person who purchases the Giftbox.

16.3 Giftboxes, Products and Prices

The Product or Products associated with each Giftbox are indicated on the dedicated page. Each Product is described on the “product description” page available on the Website.

Giftbox prices are indicated in euros and always include VAT.

16.4 Customer Service

For any information, you may contact NowTicket Customer Care at the following email address: info@nowticket.it or by phone at +39 045 7550810.

When operating as a travel agency under applicable law, NowTicket is insured under a public liability insurance policy issued by AMI ASSISTANCE for LLOYD’S.

17. Scope of Application

The Giftbox is available for purchase exclusively by:
(a) consumers (i.e. any natural person acting for purposes unrelated to any business, commercial, craft, or professional activity);
(b) adults.

NowTicket reserves the right to refuse to proceed with the purchase of a Giftbox (or the use of the Code) by persons other than adult consumers or in the event of purchases or conversions not carried out in accordance with these conditions.

17. Purchase of the Giftbox and Receipt of the Code

17.1 Purchase on the Website

The Purchaser may purchase the Giftbox through the Website or through other channels, including physical channels.

The purchase of a Giftbox through the Website takes place by submitting an Order Form relating to the selected Giftbox, in accordance with the procedures applicable to the purchase of any other Product on the Website.

By submitting the Order Form to NowTicket, the Purchaser unconditionally accepts and agrees to comply with the Giftbox Terms and Conditions and the General Terms and Conditions of Sale of NowTicket.

The order is deemed submitted when NowTicket electronically receives the Order Form and the information provided therein is verified and deemed correct.

17.2 Payments on the Website

Before submitting the Order Form, the Purchaser is required to provide credit card details (Visa, Mastercard, and American Express).

All financial details (i.e. credit card number or expiration date) are transmitted via encrypted protocol to a payment service provider, without third parties having access to such data.

These details are not used by NowTicket except to complete the purchase procedure or to report cases of fraud to law enforcement authorities.

17.3 Purchase Through Other Channels

The purchase of a Giftbox through channels other than the Website is subject to the general terms and conditions of sale applied by the seller.

17.4 Conclusion of the Sale of the Giftbox and Receipt of the Code

The contract is deemed concluded on the Website and other digital channels when – following an authorized payment – NowTicket sends a purchase confirmation email to the Purchaser and the Code in electronic format to the Beneficiary indicated by the Purchaser.

In the case of the purchase of a physical Giftbox, the Code is included inside the gift box.

17.5 Withdrawal and Returns

No right of withdrawal and/or return may be exercised by the Purchaser once the Code has been used.

18. Use of the Code

18.1 Code Validity

The Code has a maximum validity period of 24 months from the date of issue.

18.2 Selection of the Product/Products

The Code allows the Beneficiary to purchase only one of the Products, or a selection of Products, associated with the NowTicket Giftbox, among those indicated on the Website.

To purchase the selected Product(s), the Beneficiary must enter the Code in the designated field on the Website and make their selection.

The Code cannot be converted into cash or used by the Beneficiary to purchase Products other than those associated with the relevant Giftbox.

18.3 Use of the Product/Products

The Beneficiary may use the Products in accordance with the General Terms and Conditions.

Details and information relating to the Product and the Supplier are indicated in the “product description” on the Website. The Product is operated directly by NowTicket only where expressly specified.

By booking one of the Products, the Beneficiary declares:
(a) to have fully read and understood the selected “product description”; and
(b) to unconditionally accept and agree to comply with the NowTicket terms and conditions of sale and the Supplier’s terms and conditions of sale, including cancellation and no-show policies and any additional conditions the Supplier may apply to the booking (the Service Conditions).

18.4 Exclusion of Liability

NowTicket is exclusively responsible for the sale of Products supplied in its own name and on its own behalf.

NowTicket assumes no responsibility for Products provided by the Supplier, which are supplied exclusively by the Supplier and under its sole responsibility.

To the maximum extent permitted by applicable law, liability of NowTicket is excluded for any cost, expense, loss, or liability arising from any breach of the Service Conditions by a Supplier other than NowTicket and/or any event connected in any way to the service provided by such Supplier.

19. Final Provisions

19.1 Personal Data

The personal data of the Purchaser and the Beneficiary are processed by NowTicket for the purpose of providing the Giftbox and the Products.

NowTicket may communicate to the Supplier – identified on the “product information” page and in the Booking Form – the personal data strictly necessary to provide the Supplier’s service (i.e. the Beneficiary’s name, email address if required, the booking made on the Website, and any related information).

NowTicket and the Suppliers act independently as data controllers solely for the purpose of providing their respective services.

At any time, consent to receive newsletters and updates from NowTicket regarding similar products may be withdrawn. Consent may also be given to receive marketing communications and to market research activities by the Supplier and to allow NowTicket and the Supplier to conduct market analysis on personal data.

We recommend consulting the NowTicket privacy policy.

19.2 Amendments

The General Terms and Conditions may be amended following the introduction of new laws or regulations or for other reasons. The updated General Terms and Conditions shall be effective from the date of publication on nowticket.it.

Users are advised to regularly check this section of the Website to verify whether updated versions have been published.

19.3 Miscellaneous

If any provision of these General Terms and Conditions is deemed unlawful, invalid, ineffective, or contrary to law following a final decision by a competent court, all remaining provisions shall remain fully effective and valid.

NowTicket reserves the right to transfer and/or assign to third parties any rights arising from the contract.

19.4 Applicable Law and Jurisdiction

The competent court shall be the Court of Verona.

19.5 Online Dispute Resolution

Pursuant to Article 14 of Regulation (EU) no. 524/2013, disputes relating to the purchase of the Giftbox and booking of Products on the Website may be resolved through the ODR online platform managed by the European Commission, accessible at:https://webgate.ec.europa.eu/odr

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