Terms & Conditions
1. Object
These General Conditions of Contract govern the issue, at a distance or not, of vouchers of Admission Tickets (defined below) for entry to the realities, places and / or national and international events of entertainment and / or cultural and sporting entertainment, carried out by GardaMusei in the name and on behalf of the participating Member, of the Reality or the Organizer.
The online publication of these General Terms and Conditions and the confirmation of the purchase order provided by GardaMusei to the customer (consumer) are valid as “confirmation of the contract concluded on a durable medium” pursuant to art. 51, paragraph 7 of Legislative Decree no. 206/2005 (“Consumer Code”).
2. Definitions
The following definitions apply to these general terms and conditions, it being understood that the definitions in the plural will apply to the relevant term in the singular and vice versa:
GardaMusei: is ASSOCIAZIONE CULTURALE GARDAMUSEI – ETS, an association based in Italy and which deals with Culture in the broadest sense of the term. Pursuant to and for the purposes of art. 49 of the Consumer Code, the identification data of GardaMusei are as follows: Headquarters via del Vittoriale, 12 – 25083 Gardone Riviera (BS) Italy – [email protected] / [email protected] – C.F. 96038330179 – P.IVA 04101050989.
For any requests and / or complaints, please contact only our contact details through the site: http://www.gardamusei.it
Customer: is the person who makes the purchase of the Admission Ticket voucher electronically (e.g. websites and tablet/smartphone applications) or by telephone or through the sales network affiliated to Garda Musei towards the participating Member, the Reality or the Organiser, as a result of GardaMusei Services.
Facilities at GardaMusei: these are the services provided by GardaMusei for the issue of vouchers of Admission Tickets to the customer, concerning the booking of the Entrance Ticket for the participating Member, the Reality or the Organizer; the delivery or other forms of making available to the Customer the Admission Ticket as well as additional ancillary services relating to the sale of the Ticket, where requested by the Customer, except, in any case, the provision of the service relating to the Admission Ticket or corresponding to the event, which is the exclusive competence and responsibility of the participating member, of the reality or organizer, as identified in relation to each individual Event, in the name and on behalf of which GardaMusei acts.
GardaMusei Services Contract: is the contract that is established between GardaMusei and the Customer with reference to the provision of GardaMusei Services, to be understood as governed by these General Conditions of Contract, by the various requirements indicated in the individual phases of the remote purchase process, where applicable, and by the warnings on the Ticket purchased.
Contract of Sale: is the contract that is established between the participating Member, the Reality or the Organizer and the Customer for the sale of the Ticket, as a result of the provision of GardaMusei Services, to be understood as governed by these General Conditions of Contract, by the various requirements indicated in the individual phases of the distance purchase process, where applicable, and by any warnings indicated by the participating Member, by the Reality or the Organizer
Contract: the GardaMusei Services Contract and the Sales Contract, considered as a whole or separately as the case may be, governed by these General Conditions of Contract.
Holder of the voucher for the Ticket: is the person who legitimately holds and in accordance with these General Conditions of Contract a voucher for Admission Tickets purchased by the Customer.
Reality/Event: is the place, the event, the show or the representation to which the voucher of the Entrance Ticket attributes the right to withdraw the Title itself, which will allow access to the reality or participation in the event, with reference to all the buildings and land that constitute the places to visit or to carry out a specific Event.
Organizer: Member – Reality – Organizer: I am the GardaMusei Member, the participating Reality or the Organizer of the event with regard to which the relative voucher of the Entrance Ticket has been issued, with which the Sales Contract is concluded, and in the name and on behalf of which GardaMusei acts. Pursuant to and for the purposes of art. 49 of the Consumer Code, the identification data of the participating Member, the Reality or the Organizer are indicated in the “Members” section of the GardaMusei website containing the description of the project.
The voucher of the Entrance Ticket: it is the document, also in digital format, issued by GardaMusei that legitimizes the Bearer to obtain the Entrance Ticket for access to the Reality or the Place of the Event. The voucher can represent a single Entrance Ticket (single reality or place), several Tickets of the same reality or place, or several Entry Tickets of several different realities or places.
3. Tickets, Reality and Events
3.1 All Holders of Admission Ticket vouchers must be in possession of a valid Ticket to access the Reality or the Place of the Event. The rules applicable to the Customer as disclosed in relation to the individual Event or otherwise applicable to the Customer or Event apply to them.
3.2 The voucher of the Admission Ticket can only be purchased through the channels managed by GardaMusei or by a person authorized by GardaMusei to issue the vouchers of the Entrance Tickets. In the event that the voucher of the Admission Ticket has been purchased by the Customer in ways other than those indicated above or has been lost, stolen, duplicated or obtained in contrast with these General Conditions of Contract, the Holder of the Entrance Ticket may not be authorized by the participating Member, the Reality or the Organizer to access the Reality or the Place of the Event.
3.3 The voucher of the Admission Ticket cannot be transferred by the Customer for consideration nor can it be intermediated, unless expressly authorized by GardaMusei.
3.4 GardaMusei may at any time cancel, at the request of the participating Member, the Reality or the Organizer and/or the Authorities responsible for the protection of public order and safety, a voucher of the Admission Ticket also already issued or a purchase order already made both for technical and/or organizational reasons (other than those provided for in point 7 below) and where problems arise with regard to the actual payment by the Customer of the Ticket voucher Entrance.
3.5 GardaMusei, since it does not constitute an exclusive distribution network or the manager of sales decisions relating to a given Event, is not responsible for the type of seats offered for sale by the Organizer and does not guarantee that the vouchers of the Tickets that can be purchased through its sales channels represent, for each type, the best seats available at the time of purchase by the Customer or that better seats cannot be placed in sale by the Organizer at a later time.
3.6 The price of the Admission Ticket voucher is that communicated by the participating Member, the Reality or the Organizer and known to GardaMusei at the time of the closing of the purchase of the Ticket by the Customer. Any lower price that after the purchase by the Customer is applied by the participating Member, by the Reality or by the Organizer to Tickets of the same type or with regard to Events to be held on a particular date, will not give the Customer the right to reimbursement of the difference.
4. Payment instruments
GardaMusei reserves the right to apply, for security reasons, limitations and exclusions to the payment instruments that can be used by the Customer for the payment of the vouchers of the Tickets purchased.
Payments are managed through PaypalBusiness and Satispay.
5. Price of Tickets and service fees
The price of the vouchers of the Tickets is that shown on the Tickets themselves, including any pre-sale fees applied by the participating Member, the Reality or the Organiser.
The price of the Tickets, as well as the service fees and other expenses, as well as any other price displayed on the GardaMusei website, must be understood as inclusive of any applicable VAT.
5.1. Issuance of the Ticket
The issuance of the Ticket will be carried out by the participating Member, the Reality or the Organizer upon presentation of the voucher of the Entrance ticket to the reality or place of the event at the time of its use.
5.2. VAT and taxes
GardaMusei does not retain any commission for the services provided, except for the financial ones for the purchase of the voucher by the customer and those for crediting the amounts to the participating Member, to the Reality or to the Organizer. GardaMusei will pay to the respective Member, Reality or Organizer, within the established deadlines, all the sums collected in relation to the issue of the vouchers of the Entrance Tickets. Therefore, the participating Member, the Reality or the Organizer, who will issue the Tickets, will be the sole responsibility of all tax and administrative obligations relating to the aforementioned collections, including the payment of VAT and all related taxes.
6. Right of withdrawal
The Customer (consumer) acknowledges that since the Contract concerns the supply of products and services related to leisure for which the supplier undertakes to provide the latter on a specific date or in a specific period of execution, the right of withdrawal provided for by art. 52 of the Consumer Code.
The right of withdrawal is instead applied with reference to the distance sale of goods other than the vouchers of the Entrance Tickets, unless these goods fall into the categories for which the same right of withdrawal is expressly excluded by art. 59 of the Consumer Code. In this case, the right of withdrawal may be exercised within 14 days from the date on which the Customer (consumer) has acquired physical possession of the purchased good, by sending an explicit declaration of the decision to withdraw from the contract through the contacts found on the site: www.gardamusei.it.
7. Event postponed or cancelled
7.1 GardaMusei, as a mere supplier of GardaMusei Services, as well as acting in the name and on behalf of the participating Member, the Reality or the Organizer in relation to the sale of the vouchers of the Tickets is not, in any case, responsible for any postponement or cancellation of the Event or closure of the Reality by the participating Member, the Reality or the Organizer. In the event of postponement or cancellation of the Event or closure of the Reality, GardaMusei will notify the Customer, in the name and on behalf of the participating Member, the Reality or the Organizer himself, of the initiatives that the latter has adopted in relation to the reimbursement or replacement of the Tickets relating to the postponed or canceled Event.
Where the participating Member, the Reality or the Organiser communicates the cancellation of the Event or the closure of the Reality and the reimbursement of the relative voucher of the Admission Ticket, GardaMusei, if delegated, will provide for the reimbursement operations, according to the timing and in the manner decided by the Organizer and to the extent that it has received the necessary provision from the latter.
Vouchers for Tickets relating to such realities or Events cannot be exchanged for vouchers for Tickets or Tickets relating to other realities or Events.
7.3 Where the Event consists of a Festival, the list on the GardaMusei website of the names of the participating artists must in any case be considered as an indication, and therefore where one or more artists scheduled as participants does not attend the Event or is replaced, such non-participation or substitution in no case can be considered as cancellation of the Event, unless the same Event is canceled by the participating Member, by the Reality or by the Organizer as a whole.
7.4 In any case, GardaMusei will not replace the voucher of the Admission Ticket in the event that it is lost, lost, deteriorated, damaged or destroyed or if the Ticket has been stolen or is even partially illegible as presented by the Customer not perfectly intact.
8. Pick-up and delivery methods
8.1 The Customer may collect the Admission Ticket at the time of use at the reality or place of the event, showing the participating Member, the Reality or the Organizer the voucher for the admission ticket purchased through GardaMusei.
9. Limitations of liability and rights of GardaMusei
Except in the case of willful misconduct or gross negligence, GardaMusei assumes no responsibility for expenses and damages, direct and indirect, of any nature, suffered by the Customer in relation to the sale of Admission Tickets vouchers. GardaMusei also reserves the right, except with reference to a transaction already concluded with a customer, to withdraw, modify, suspend or interrupt any function or service rendered by the same in relation to the issue of Admission Ticket vouchers, where this is necessary or appropriate for technical and/or organizational reasons.
10. Prohibitions
Admission Tickets vouchers and admission tickets may not be used for political, commercial, advertising or other promotional reasons (such as, for example, prizes in competitions or sweepstakes) unless prior written authorization is given by the participating Member, the Organisation or the Organiser and/or GardaMusei, if expressly authorised to do so.
The Customer who uses the vouchers of the Tickets and the entrance tickets in violation of this provision will be responsible for the damages caused by his behavior and may be prosecuted.
11. General
11.1 Even if any of the rules of these General Terms and Conditions is unenforceable, the others will continue to be fully effective.
11.2 The Contract is subject to Italian law.
The Parties agree that the application of the United Nations Convention on Contracts for the International Sale of Goods, adopted at Vienna on 11 April 1980, is expressly excluded.
The Court of Brescia will be competent to decide any and all disputes arising or in any case connected with the Contract and these General Conditions of Contract.
11.3 These General Terms and Conditions, the various requirements indicated during the distance selling process, where applicable, and the warnings on the Admission Ticket voucher constitute the entire contractual agreement between the Customer and GardaMusei.