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GARDALAND S.R.L. - GENERAL ONLINE SALES CONDITIONS


The general terms and conditions described below govern remote purchasing through the website that can be reached at the URL https://www.gardaland.it (hereinafter, the “Website”), specifically at the link https://tickets.gardaland.it or https://abbonamenti.gardaland.it, of admission tickets, extra services, i.e., time-saver passes, parking admissions and Photo Passes (hereinafter, “Admission Tickets” or “Tickets”) and season passes to Gardaland Park, with the possibility of combined purchase of tickets for access to Legoland Water Park, and/or Gardaland SeaLife Aquarium. Specifically, the offer and sale of Admission Tickets through the gardaland.it Website constitutes a distance selling contract governed by Italian Legislative Decree no. 206 of 2005 (“Consumer Code”) in Chapter I, Title III, as amended by Italian Legislative Decree 21/2014 and by Italian Legislative Decree no. 70 of 2003 regarding the regulation of electronic commerce (the “E-Commerce Directive”).

1. DEFINITIONS
1.1 The following definitions apply to these general terms and conditions (with indiscriminate use of the singular and plural):
a) GARDALAND SRL: a company (hereinafter also referred to as “Gardaland”) operating in the entertainment sector and managing, among others, the Amusement Park “Gardaland” (hereinafter also referred to as “Park”), the LEGOLAND® Gardaland Water Park, three hotels (Gardaland Hotel, Gardaland Adventure Hotel and Gardaland Magic Hotel) and the Aquarium “Sea Life”, facilities located in the municipalities of Castelnuovo del Garda (VR) and Lazise (VR);
b) CUSTOMER: a natural or legal person who purchases Admission Tickets on the Gardaland Website under these general terms and conditions of sale;
c) CONSUMER: the individual who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity performed;
d) DISTANCE SELLING CONTRACT: the contract concerning Admission Tickets offered to the Consumer or professional on the Website in a distance selling scheme without the physical presence of Gardaland S.r.l. and the Consumer and only through the use of remote communication tools up to and including the conclusion of the contract. This also includes the “sales contract” under which the professional transfers or undertakes to transfer the ownership of goods to the Consumer. The Consumer pays the price provided the transaction is completed at a distance;
e) PARTIES: Gardaland S.r.l. and the Customer;
f) WEBSITE: coincides with the gardaland.it Website owned by Gardaland and managed by the same. It is the only Website through which it is possible to conclude a Distance Selling Contract;
g) ADMISSION TICKET: the Ticket, time-saver pass, parking entrance, Photo Pass and the season pass that entitles the end customer to access the facility (Gardaland Park, and possibly also Legoland Water Park, and/or Gardaland SeaLife Aquarium) for which it was issued in the period and/or day specified on it. The Admission Ticket is considered to be the physical means used to benefit from the service concerning leisure activities, the real subject matter of the contract.



2. INFORMATION FOR THE CUSTOMER
2.1 The following information is considered mandatory where the Distance Selling Contract is stipulated between Gardaland S.r.l. and a Consumer/Customer, pursuant to art. 49 of the Consumer Code.

2.2 The identity, the registered office and address of Gardaland S.r.l. as provider of Admission Tickets offered for sale on the Website are the following:

Gardaland S.r.l.
Head office: Via Derna, 4 - 37014 Castelnuovo Del Garda (VR)
Share capital: 500,000.00 euro fully paid in
Tax code/VAT No.: 05431170967
Tel. +39 045/6449777
Fax +39 045/6401267
Email: infobox@gardaland.it
Certified email: gardaland@legalmail.it
URL: https://www.gardaland.it/it/informazioni-utili/contattaci/
 
2.3 The registered office is the address to be used should the Customer wish to file a complaint pursuant to art. 49, paragraph 1, letter (d) of the Consumer Code.
2.4 Gardaland will respond to complaints by email and/or by phone no later than 15 working days from the date in which it was received.
2.5 The different types of Admission Tickets are displayed directly on the Website. The Customer can view them before proceeding with the purchase.
2.6 Gardaland reserves the right to modify/adapt the information and prices of the Admission Tickets without any prior notice. No reimbursement or refund for the difference paid will be given for the same kind of Admission Tickets after the purchase by the Customer if a lower price is offered by Gardaland. These General Terms and Conditions of Sale can be changed at any time. Any changes will be effective from the time they are published on the Website in the “Terms & Conditions” section. Customers are therefore advised to regularly access the Website and, before making any purchase, to consult the most up-to-date version of the General Terms and Conditions of Sale.
2.7 The following information will be provided for each product:
1) Availability (in the case of a set date Ticket) and price including any charges to be paid by the Customer
2) The duration of the Admission Ticket (e.g. date or period of performance)
3) The methods of delivery, payment and performance of the purchase contract
4) Gardaland Srl contact information.

3. EXECUTION OF THE CONTRACT
3.1 The online publication of these terms and conditions is intended to present to the Consumer information (pursuant to article 49) on a physical medium pursuant to article 51 of the Consumer Code and by means of the same Gardaland complies with the information obligation to which it is required.
3.2 These terms and conditions do not govern the sale of products and/or services by parties other than Gardaland, even those that may be present on the Website through links, banners or other hypertext links. Gardaland is not to be held liable for the provision of services and/or the sale of products by such parties. On websites that can be viewed via links, Gardaland does not carry out any control and/or monitoring, therefore it is not to be held liable for the contents of such sites or for any errors, omissions or violations of the law by the same.

4. PURCHASES ON THE WEBSITE
4.1 In order to purchase the Admission Ticket/season pass through the Website, the Customer must first fill in the appropriate registration form, entering all the personal data requested and then an order form in electronic format that will be sent directly to Gardaland, following the wizard. The registration process will require verification of identity via OTP (One Time Password) via SMS on the mobile phone number provided by the Customer. The Customer may purchase multiple Admission Tickets or season passes during a single purchase procedure also for additional subjects, including minors, providing the information required in relation to each of them.
4.2 Before sending the form, the Customer will be asked to confirm the accuracy of the data entered, which, in case of errors, can be corrected. Should the system detect any errors or omissions in the mandatory fields of the form, it will automatically report it. By filling out the form, the Customer implicitly declares that he/she has the necessary powers to act in the name and on behalf of the persons for whom he/she is purchasing the Admission Ticket/season pass, and that he/she has also obtained consent to the performance of the aforementioned acts by the holders of parental responsibility for the minors who may be beneficiaries of such purchase.
4.3 Once the correctness of the data entered has been confirmed, the Customer may proceed with payment in the manner set forth in Article 5 below.
4.4 Gardaland will send the Customer an email summarizing the purchase made, i.e. the order confirmation containing: the essential characteristics of the Admission Ticket, the detailed indication of the price, the selected payment method and the summary of the general and special terms and conditions i.e. the link where they can be viewed and printed; the link to download the purchased Admission Ticket/season pass will be transmitted within the same email. The Customer will also be able to find the Admission Ticket/season pass purchased within his/her reserved area.
4.5 The order form will be received by Gardaland only for the purpose of the correct conclusion of the purchase procedure, however, it will not be stored in any of its databases, unless the Customer has given at the time of purchase his/her consent to data processing for marketing purposes. In this case, Gardaland stores information relating to the products purchased, quantity and price paid.
4.6 The available languages for the execution of the contract are Italian, English and German.
4.7 The purchase of Admission Tickets on the Website is permitted both to users who are Consumers and non-Consumers. Purchase is reserved for natural persons aged 18 or over. In any case, if the user decides to purchase an Admission Ticket for a minor for whom he/she does not have parental responsibility, by finalizing the purchase he/she accepts and declares to free and release the company Gardaland Srl from any and all civil and criminal liability that may derive from or in relation to such purchase.
4.8 Gardaland reserves the right to refuse or cancel orders made by (i) a user with whom it has an ongoing legal dispute; (ii) a user who has previously violated these General Terms and Conditions and/or the terms and conditions of the Contract and/or Internal Regulations; (iii) a user who has been involved in fraud of any kind and, in particular, relating to payments by credit card, or scalping of tickets; (iv) users who have issued false, fictitious, incomplete or otherwise inexact and/or in any way misleading identification data or data referred to third parties or who have not sent Gardaland the documents requested as part of the payment procedure, or have sent invalid documents.

5. ADMISSION TICKET PAYMENT METHODS
5.1 Gardaland accepts the following forms of payment:
  • PayPal, Apple Pay, Google Pay;
  • Credit cards: Mastercard; Maestro; Visa; Visa Pay; Amex; JCB; UnionPay.
  • Scalapay
5.2 Upon transmission of the order at the end of the payment procedure, the total amount due will be debited from the selected payment method.
5.3 At the end of the transaction the Customer will receive an email confirming the successful payment with the link to download the purchased Admission Ticket.
5.4 If the payment authorization is denied, Gardaland will not be able to send the Admission Tickets and will not be responsible for any delay or a failed delivery.
5.5 In case of purchase through the Scalapay system, the Customer's order will be processed immediately and the Customer himself will be able to pay the relative amount in the number of installments chosen by him. The installments will be transferred to Incremento SPV S.r.l., related parties and their assignees. By using the Scalapay system, the Customer authorizes this assignment.

6. HOW TO PURCHASE ADMISSION TICKETS
6.1 The Admission Tickets purchased will be delivered to the Customer upon payment of the amount due without any additional charges. In particular, at the end of the payment, an order confirmation page will appear and, at the same time, the Customer will receive a summary email of the purchase made at the email address provided containing the link to download the Admission Ticket/season pass purchased. The Admission Ticket can also be retrieved by the Customer within his/her reserved area.
6.2 After downloading, the Customer can also save the Admission Ticket on his/her mobile device or add it to Apple Wallet.
6.3 Tickets cannot be duplicated. Printed copies of Tickets that are already validated at the turnstiles will not be accepted.

7. ADDITIONAL SERVICES
7.1 With the purchase of the season pass only, the Customer may have the right to access special discounts, advantages, as well as participation in competitions and prize events, if called by Gardaland.
7.2 It should be noted that for using time-saver passes, extra services that can be purchased or included in certain types of season passes, it is strictly essential to use the GARDALAND EXPRESS application that can be downloaded from the Apple Store and Google Play Store.
7.3 With the purchase of the season pass, the Customer will have the right to access the Gardaland car park for free. Access to the parking area for motorhomes can only be booked online in the dedicated section and is restricted to the number of spaces indicated on this booking; spaces are marked as CAMPER in horizontal yellow signage. Thus, access is guaranteed only as long as the aforementioned area has available specific spaces for campervans/motorhomes. Furthermore, motorhome owners/drivers and passengers are expressly forbidden from disposing of waste and/or sewage at the Gardaland premises (including the parking areas), and from staying overnight, camping, or having picnics within the parking area. For more information on access and use of the parking areas, please consult the General Terms and Conditions of Parking.



8. CONSIDERATION AND VALIDITY OF ADMISSION TICKETS
8.1 Unless otherwise indicated in the order confirmation, the price specified on the Admission Tickets will match the price set by Gardaland and published on the Website.
8.2 Any-time or open-ended Tickets are valid only for the current season for which the payment date issued on the order confirmation applies.
8.3 Once fixed-date Tickets have been purchased, the date chosen cannot be changed, nor can the tickets be refunded in the event of an error/willingness to change them on the part of the Customer regarding the selection of the date.
8.4 In the event of any changes in costs or other circumstances affecting the price, Gardaland reserves the right to change the price of the Admission Tickets.
8.5 Employees working at the turnstiles and Gardaland security staff can refuse entry if the Admission Ticket has been duplicated or stolen.
8.6 The access control system will allow entry for each Customer per single Admission Ticket, equivalent to 1 single tax seal. Any photocopies and/or fraudulent activity deriving from improper use of the same will be prosecuted by law and not attributable to Gardaland. Under no circumstances will Gardaland permit access through any duplicated Admission Tickets.
8.7 Gardaland is not required to replace the Admission Ticket in the event that it has been misplaced, lost, deteriorated, damaged, stolen or rendered illegible.
8.8 The Admission Ticket must be kept and shown in the event of a fiscal control.
8.9 Regarding season pass, the holder may be required to verify his/her identity by showing valid photo ID.

9. RESTRICTIONS AND LIABILITY
9.1 The Customer acknowledges and accepts that should there be any interruption or suspension of the Website for any reason, Gardaland will in no way be liable to the purchaser and/or third parties for lack of availability, for which it does not guarantee continuity. Consequently, the Customer acknowledges and agrees that he/she will not be able to level any claim against Gardaland for indemnification and/or compensation for damage.
9.2 The Admission Tickets cannot be resold for consideration in the commercial sense, including not explicitly in the form of a company, without the explicit consent of Gardaland and, in any event, in the case Gardaland specifically forbids the transfer of ownership on the basis of principles of nominative nature or for promotions aimed at specific target audiences or markets (e.g. Germany).
9.3 Furthermore, the Admission Tickets cannot be used as prizes, within or outside the scope of application of Italian Presidential Decree 430/2001 or of other prize-giving or promotional initiatives (such as, by way of example, competitions or lotteries), except in the case of explicit prior written consent by Gardaland. The Customer declares that he/she will not use the Admission Tickets in violation of these provisions and undertakes to indemnify and hold harmless Gardaland from any damage that may derive from the violation of this guarantee.
9.4 The Purchaser is required to consult the calendars and the opening/closing times set forth in relation to each Park they intend to visit on the relevant official websites. Gardaland reserves the right to modify the dates and opening/closing times of the Parks as well as any event scheduled within them throughout the duration of the Contract. Gardaland also reserves the right to close, remove or modify the attractions present in the Parks (hereinafter the “Attractions”) at any time for maintenance, safety and/or other operational reasons or following the organization of special events to be held at the Parks. The Purchaser acknowledges and expressly agrees that they shall not be entitled to any refund of the sums paid if one or more Parks are not accessible during the term of the Contract, for any reason whatsoever, or if one or more Attractions within the Parks are closed for maintenance, safety and/or other operational reasons or following the organization of special events to be held at the Parks.

10. NO RIGHT OF WITHDRAWAL
10.1 Gardaland would like to inform the Customer that, since the Contract regards the provision of services concerning leisure activities with a specific date or period of validity printed on the Admission Ticket itself, pursuant to art. 59, I, let. n) of Italian Legislative Decree 206/05 et seq., the right of withdrawal, pursuant to article 52 of the same, does not apply to the Contract.
10.2 Therefore, the Customer cannot exercise any right of withdrawal on the purchase of any Admission Ticket.

11. PRIVACY
11.1 The protection and processing of personal data will take place in accordance with the Privacy Policy available at www.gardaland.it/it/footer/privacy/ and, for purchasers of season passes to the Park, as detailed in the season pass holder information provided pursuant to Article 13 of Regulation (EU) 2016/679 (GDPR) available at the link https://www.gardaland.it/sicurezza-privacy/privacy-abbonamenti/.

12. APPLICABLE LAW AND JURISDICTION
12.1 These Terms and Conditions and all disputes concerning their performance, interpretation and validity are subject to Italian law and to the exclusive jurisdiction of the Court of Verona.
12.2 If the Customer can be defined as a Consumer pursuant to art. 3 of the Consumer Code, the territorial jurisdiction will belong to the judge in the place of residence or domicile of the Consumer if located within the national territory. This is notwithstanding the possibility for the Consumer to refer to a competent judge for the territory other than that of the “consumer forum” pursuant to art. 66 bis of the Consumer Code, subject to one of the criteria of articles 18, 19 and 20 of the Italian Code of Civil Procedure, as well as the possibility, where the relevant conditions apply, to promote an out-of-court resolution of disputes relating to consumer relations through the use of the procedures set forth in Part V, Title II-bis of the Consumer Code.
12.3 For any dispute related to the application, performance and interpretation of these General Terms and Conditions, the Customer residing in a member state of the European Union other than Italy can also have access to the European procedure instituted for small claims through Regulation (EC) No 861/2007 of the Council of 11 July 2007, on condition that the value of the dispute does not exceed €2,000.00, excluding interest, rights and expenses. The full text of this regulation can be found at www.eur-lex.europa.eu.

13. PROPERTY RIGHTS
13.1 The logos, internet Website www.gardaland.it, and all content, information and materials on the Website regarding Gardaland Resort (Park, Aquarium and Hotels), as well as author’s rights (including copyright) of the same, are the exclusive property of GARDALAND SRL, and must not be reproduced (either entirely or partially) or transferred (by electronic or traditional means), modified, connected or used in any other way for whatever purpose without the prior written consent of GARDALAND SRL.

14. FINAL CONSIDERATIONS
14.1 The User undertakes to read these general terms and conditions of sale before confirming his/her order. Once the product is selected and payment for it has been confirmed, these terms and conditions shall be deemed to be automatically understood, accepted and signed.

2022-2023 Version
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