These General Terms and Conditions govern the offering and the sale of the services on the website www.destinationitalia.com (hereinafter referred to as the “Website”) that can be purchased by customers, the end users (hereinafter referred to as the “End User(s)”).
The Website is exclusively owned by Destination Italia S.p.a., with registered offices in Milan (Italy), Via Melzo 12, 20129 Milano, VAT No.: 09642040969
We would ask all Users to read all the General Terms and Conditions before sending any purchase order.
If any User is unwilling to accept all the General Terms and Conditions, they are not authorised to use the Website. By accessing this Website, Users undertake to make personal use of the Website, and its contents and information and not for trading purposes. By accessing the Website and accepting the General Terms and Conditions, Users also declare that they are over the age of 18 and have the ability to act.
Destination Italia provides a platform through which it makes available to Users:
1. Tickets in order to redeem tickets issued by museums, cultural institutions, theatres and other leisure time activities made available by its Commercial Partners (hereinafter referred to as the “Provider(s)”) or by third parties to gain entry to facilities and exhibitions and/or make use of leisure time services provided by the Provider and/or by third parties. In this case, during the purchasing process, the General Terms and Conditions of use of each Provider will be made available to Users.
2. Tickets made available by Destination Italia that give the User the right to receive various types of services provided directly by the Provider (hereinafter all the tickets relating to in points a) and b) will be referred to as “Services”).
The Services will be sold at a price indicated in Euro and that will always be inclusive of VAT.
For any information you can refer to the Customer Care service of Destination Italia at the following email address: firstname.lastname@example.org
All Services are offered for sale to the Users in compliance with any applicable law
1. Purchasing Services
Users may purchase Services available on the Website and, once a purchase has been made, the User will receive a confirmation email with the Ticket and/or Numerical Code (hereinafter referred to as the “Ticket”) attached, which must be given to the Provider in order to make use of the purchased Service.
Credit card processing services for goods and / or services purchased on this Site are provided by Destination Italia.
2. Right of withdrawal
The User who owns the Ticket (hereinafter referred to as the “Owner of the Ticket”) shall be entitled to apply for a refund of the amount paid within a maximum period of 14 days from the date of payment and Destination Italia shall reimburse the amount no later than 14 days after the date on which the refund application was made. After such time, the Owner of the Ticket shall not be entitled to any withdrawal.
The User can apply for the refund of the Ticket using any explicit method such as by sending an email email@example.com.
The right of withdrawal cannot be applied to sales relating to the provision of accommodation other than for residential purposes, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance (such as, for example, with Tickets for shows, exhibitions, events, museums, amusement parks or similar whenever a specific date or period of performance of the service has been specified and/or agreed).
Once a Ticket has been used, the right of withdrawal can no longer be exercised. Similarly, if the Ticket indicates an expiration date, it cannot be used after the expiration date and under no circumstances can a refund for it be applied for.
If the Ticket is sold in relation to Services provided directly by suppliers, for which a specific date or period of performance has been specified, if the User does not submit or use the Ticket on/in the specified date or period, they shall not be entitled to ask for any refund of the amounts paid.
3. Rules of Conduct for use of the Website
The User undertakes to use the Website for legitimate purposes and in compliance with the Terms and Conditions in use. In particular, the User is obliged not to send or disseminate through the Website and its functions any contents of any nature that are or may be perceived as unlawful, defamatory, vulgar, obscene, abusive or in any way a nuisance and also undertakes not to use the Website and its functions in such a way as to cause any harm or damage, also to the image and reputation of Destination Italia.
In addition, the User undertakes not to send, transmit or disseminate material and contents of an advertising and promotional nature, that are undesired or unsolicited and/or not requested, which could interfere or cause harm to the functions of the Website or to the use of the Website by third parties.
4. Links to other web pages
The Website may contain links to websites not managed by Destination Italia. These links are provided as a simple reference. Destination Italia does not control these websites and therefore is not in any way responsible for their contents.
5. Restrictions and Liabilities
5.1 Destination Italia makes Tickets available to Users which entitle them to make use of Services not directly provided by Destination Italia. Except in the event of fraud or gross negligence and within the maximum limits permitted by law, the User acknowledges and accepts that Destination Italia shall not in any way be liable to the User for any direct or indirect damages, losses, costs, charges and expenses, including any legal costs, that may be incurred and/or sustained by the User in connection with the products and/or services offered by the Providers. Therefore, no compensation for damages may be sought from Destination Italia by the User for any damages incurred as a consequence of using the service purchased through the Website. In addition, Destination Italia shall not in any way be liable to the User for any delays or breaches in its obligations, if such delays or breaches are the result of reasons of force majeure.
5.2 If the Provider, for reasons unknown or, nevertheless, not ascribable in any way to Destination Italia, fails to recognise the Ticket issued by Destination Italia that gives the User the right to make use of the Provider’s Services, Destination Italia shall be obliged solely to return to the User the amount already paid for the purchase of the Ticket.
6. Changes to the General Terms and Conditions of use
With a view to improving the services it offers, Destination Italia reserves the right to make changes to the General Terms and Conditions, by notifying the Users of such changes with adequate advanced notice. The User must accept the General Terms and Conditions in order to be able to continue using the Website.
The acceptance of these General Terms and Conditions does not imply the stipulation of any company contract, mandate contract, franchising contract or employment contract between Destination Italia and the Users.
7. Industrial and intellectual property rights
The User acknowledges and recognises that all the information, data, software, contents, music, sounds, photographs and pictures, videos and every other content on the Website (hereinafter referred to as the “Contents”) are exclusively owned by Destination Italia and its licensors.
The User does not have and does not acquire any right over such Contents and/or over the ownership of the Website, except for the right to use the Website pursuant to these General Terms and Conditions.
The User is authorised to print and/or download Contents on the Site (including these General Terms and Conditions) solely for their personal use.
8.1. Destination Italia S.p.a., is an Italian company belonging to the lastminute.com group, with registered office at Via Melzo 12, 20129 Milano, with tax identification number (Partita Iva) n. 09642040969 (hereinafter, the “Company”, “we”, “us”, “our”).
The Company recognises the importance of protecting your privacy and your rights with regards to data protection. The internet is a very powerful medium when it comes to transmitting personal information; for that reason, the Company undertakes the serious task of respecting current laws regarding protection of personal data and the security of the same, with the aim of guaranteeing secure, controlled and confidential navigation for its Users and Customers..
1. a) Users who access and consult the Website as “User”; “Users”.
2. b) Users who access, consult the Website and then purchase the Company’s services as “Customer”; “Customers”; “You”.
The User and/or Customer guarantees that personal data provided to the Company are correct, exact and updated, being responsible at all times to communicate any modification thereof to the Company which may in turn manage, adequately, the contractual relation between the parties. In the same vein, the User and/or Customer expressly recognizes that in case s/he has not provided the correct, updated information to the Company, the latter shall not provide its Services to the former.
We inform our Users and/or Customers that their personal data is processed and kept by the Company in the manner and for the means as follows, in accordance with the applicable law.
8.3. The party responsible for the processing of Users’ and/or Customers’ personal data is Destination Italia S.p.a, an Italian company, with registrered office at Via Melzo 12, 20129 Milano, with tax identification number (Partita Iva) n. 09642040969 (hereinafter, the “Company” or the “Data Controller”).
8.4. The Company will collect your personal data, in your role as User and/or Customer, using the following sources:
· – Directly from you, as you directly provide the information to the Company by compiling the registration form for any Company Services on the Website or via telephone to our Customer Care Team. Such data as your name, surname, email address, phone number, etc. are necessary for the provision of the Services requested from the Company.
· – From informatics systems and software present on the Website to guarantee its correct functioning and which implicitly, during normal use, utilize internet communication protocols. This information is not collected directly to be associated with you, but rather, due to its own nature, may identify you. This category of data includes IP addresses or domain names of the computers connected to the Websites, uniform resource identifiers for requests made, the time of request, the method used to submit the request to the server, the size of the archive obtained as a response, the numerical code indicating the status of the response given by the server (correct, error, etc.) and other parameters relative to the operating system and the computer environment used. These data are used only to compile anonymous statistical information on the use of the Website and to control its correct functioning. The data may be used to establish liability in case of potential computer crimes damaging the Website.
What follows is a description of the type of cookies used in the website:
8.6 Types of cookies according to the managing entity
Depending on what entity manages the computer or domain from which the cookies are sent and processed, there exist the following types of cookies:
· First party cookies: these are sent to your Device from a computer or domain managed by us and from which the service you requested is provided.
· Third party cookies: these are sent to your Device from a computer or domain that is not managed by us, but by a separate entity that processes data obtained through cookies.
8.7. Types of cookies according to the length of time you stay connected:
Depending on the amount of time you remain active on your Device, these are the following types of cookies:
· Session cookies: these are designed to receive and store data while you access the Website. These cookies do not remain stored on your Device when you exit the session or browser.
· Persistent cookies: these types of cookies remain stored on your Device and can be accessed and processed after you exit the Website as well as when you navigate on it for a pre-determined period of time. The cookie remains on the hard drive until it reaches its expiration date. The maximum time we use persistent cookies on our Website is 2 years. At this point the browser would purge the cookie from the hard drive.
8.8. Types of cookies according to their purpose
Cookies can be grouped as follows:
– a. Technical cookies: these cookies are strictly necessary for the operation of our Website and are essential for browsing and allow the use of various features. Without them, you cannot use the search function, compare tool or book other available services on our Website.
1. Personalisation cookies: these are used to make navigating our Website easier, as well as to remember your selections and offer more personalised services. In some cases, we may allow advertisers or other third parties to place cookies on our Website to provide personalised content and services. In any case, your use of our Website serves as your acceptance of the use of this type of cookie. If cookies are blocked, we cannot guarantee the functioning of such services.
1. Analytical cookies for statistical purposes and measuring traffic: these cookies gather information about your use of our Website, the pages you visit and any errors that may occur during navigation. We also use these cookies to recognise the place of origin for visits to our Website. These cookies do not gather information that may personally identify you. All information is collected in an anonymous manner and is used to improve the functioning of our Website through statistical information. Therefore, these cookies do not contain personal data. In some cases, some of these cookies are managed on our behalf by third parties, but may not be used by them for purposes other than those mentioned above.
To that end, we can also use the services of a third party in order to collect data and/or publish ads when you visit our Website. These companies often use anonymous and aggregated information (not including, for example, your name, address, email address or telephone number) regarding visits to this Website and others in order to publish ads about goods and services of interest to you.
To see the list of cookies used on this Website, click here http://flights.lastminute.com/content/en/our-cookies.html.
The information contained in the above list of cookies has been provided by the other companies which generate them. These companies have their own privacy policies in which they set forth both their own declarations as well as applicable disabling systems.
You must keep in mind that if your Device does not have cookies enabled, your experience on the Website may be limited, thereby impeding the navigation and use of our services.
There are a number of ways to manage cookies. By modifying your browser settings, you can opt to disable cookies or receive a notification before accepting them. You can also erase all cookies installed in your browser’s cookie folder. Keep in mind that each browser has a different procedure for managing and configuring cookies. Here’s how you manage cookies in the various major browsers:
If you use another browser, please read its help menu for more information.
If you would like information about managing cookies on your tablet or smartphone, please read the related documentation or help archives online.
8.9 Users’ and Customers’ personal information is processed electronically and/or manually, guaranteeing security and confidentiality of the same, and avoiding any type of unauthorized access. The Company guarantees that the data will be processed in accordance with established uses and strictly within the time frame necessary to comply with the uses for which it is collected.
8.10 As specified in Clause 11.4, data furnished by the User and/or Customer to the Company are processed for the following uses:
1. The collection, maintenance and processing of personal data in order to create and maintain the contractual relation established for the provision of the Service requested by the User and/or Customer, in all its phases and by way of any possible integration and modification.
2. The sending of information via email, phone or SMS relative to the established contractual relationship, including any communication relating to modifications thereof.
3. Compliance with legal obligations and current law.
4. The collection, maintenance and processing of data to carry out anonymous, aggregative statistical analyses.
5. The Data Controller’s transmission – in cases permitted by law and except where the User and/or Customer has denied his consent – of advertising material via email or other equivalent electronic communication regarding similar or complementary products to those offered on the Website; on some occasions, with the exception of the Italian market, the Data Controller may send the User a personalised version of the aforementioned advertisement materials.
6. Without prejudice to the provisions of the preceding paragraph E, and only with the express consent of the User and/or Customer, to the Data Controller’s sending via email, phone, mail, SMS or MMS of the best deals on products and services marketed by the Owner or its partners or business partners operating in the following sectors: tourism, leisure, entertainment, high technology, fashion, decoration, consumer goods, food and beverage, finance, banking, insurance, energy, environment, communication, mass media, real estate, pharmaceuticals, clothing and textiles, education and training, energy, publications and publishing, information and communications technology, retail, sport, telecommunications and general services. On some occasions and with the exception of the Italian market, the Data Controller can inform the user – in a personalised manner – of the best available offers, adapting them to his/her tastes and preferences.
8.11 In case the User and/or Customer does not provide correct data for the uses foreseen within sections A and B of the previous clause, the User and/or Customer cannot obtain the requested Service since the Company may not be able to furnish such services or comply with its contractual obligations as per the terms and conditions.
Treatment of personal data for the uses described in sections A, B, C, D, and E of the previous clause does not require the separate consent of the Users and/or Customers.
Treatment of personal data for the uses described in section F of the previous clause does not require the separate consent of the Users and/or Customers, which will be specifically requested by the Company. In the event that Users and/or Customers do not provide data for the above purpose, subject to the provisions of the section E, the Data Controller cannot send the User and/or Customer commercial offers to which the section F refers.
8.12 The Data Controller guarantees that the personal data in its possession will not be released and will be processed so that the security and discretion thereof is guaranteed, in any case avoiding unauthorised access.
· The Company’s employees and/or collaborators that assist and advise the Data Controller on administration, products, legal affairs, Customer Care Team, and information systems, as well as those in charge of maintaining the company’s network and hardware/software equipment;
· Airlines, hotels, car hire companies, insurance companies, tour operators as well as those other parties to which it is necessary to communicate the Users’ and/or Customers’ data in order to provide the requested services. Please note that airline companies are required, in accordance with new regulations introduced in the US and in other countries, to allow customs and border authorities to have access to flight passenger data. For that reason, in certain situations, the Company may communicate data collected on passengers included in the reservation to the competent authorities of the countries included in the Customer’s travel itinerary if local law requires.
· Parties authorised to access personal data in accordance with current law.
The list of parties to which Users’ and/or Customers’ personal data may be communicated is available at the registered office of the Company and may be requested by writing to firstname.lastname@example.org.
8.13 Any User and/or Customer whose data has been processed by the Company can exercise the following rights by writing to the Company: i) that the Data Controller confirms whether or not his/her personal data exists in its files; ii) to determine the origin of its personal data, and the means for, and methods by which it is processed; iii) obtain identifying details from the Data Controller or from its designated processing parties, if such parties were designated; iv) determine the parties or categories of parties to which their personal data may be communicated or which may learn of their personal data in their role as designated individuals; v) anonymously cancel, modify or block processed information, as well as the update, correction or integration of such data by the Data Controller, and vi) obtain a certification that the operations referred to in point v) above have been carried out and brought to the knowledge, even as regards their content, of those to whom such data has been communicated or sent, unless this proves impossible or involves a manifestly disproportionate use of means when compared to the right being protected; vii) oppose the complete or partial processing of personal data, for legitimate reasons; viii) oppose the processing of data for advertisement, direct sales or market or commercial research means.
The above requests must be sent to the Company at email@example.com.
In the same vein, in order to refuse offers sent via email from the Company as well as to exercise the aforementioned rights, the Customer may unsubscribe from said commercial communication by clicking the link at the bottom of every commercial communication sent by the Company for such purpose.
Finally, and without prejudice to rights existing in accordance with the preceding clause, we inform you that in certain countries there exist registries which you can join in order to avoid receiving advertisements via determined means, like, for example, mail or phone. These registries differ from country to country and have particular terms and conditions. For more information, click here http://flights.lastminute.com/content/en/cookies-file.html.
9.Governing law and exclusive jurisdiction
The T&C and the relationship between the User and Destination Italia are governed, to the extent permitted by the applicable law, by Italian law. To the extent permitted by the applicable law and international agreements, the parties agree that any dispute arising from the T&C will be submitted to the exclusive competence of the ordinary courts where Destination Italia is based.
Destination Italia reserves the right to summon the User before the competent courts of the User’s domicile.