General Terms and Conditions of Sale
1. Summary of the main terms and conditions of sale
These Terms and Conditions govern the offer and sale of the Products (as defined below) on the gardaway.it portal and related subdomains. Both the main site and the subdomains are owned by Gardaway Srls with headquarters in via Circonvallazione Sud 8 , 37067, Valeggio sul Mincio (VR) and VAT number 0428601098013, registered in the Verona business register under no. VR-464409
PRODUCTS OFFERED
Gardaway offers for sale tickets issued by parks, museums, cultural institutions, theaters and tour operators (the Supplier) or by third parties to access the Supplier's facilities and exhibitions and/or to benefit from leisure or travel services offered by the Supplier (the Supplier Service). The Products may also include tickets for leisure or travel services provided directly by Gardaway Srls in agreement with the actual service provider. Gardaway acts as an agent or reseller of the Provider or third parties, and Gardaway assumes no responsibility for the adequacy of the Provider Service or for the consequences arising from the use of the Provider Service.
PRODUCTS AND PRICES
The products are described on the various pages of the site grouped into categories. Prices are indicated in EURO and always include VAT.
PURCHASE PROCEDURE
To place a purchase order for one or more Products, you must confirm the products included in the online cart (to be considered a contractual proposal). By sending the purchase request you declare (a) that you have fully read and understood the "product description" of the Service of the Supplier (b) to unconditionally accept and undertake to comply with the provisions of these General Terms and Conditions and (where applicable) the terms and conditions of sale of the Supplier (the Conditions of Service). No cancellation policies apply to products purchased through Gardaway Srls unless the service provider itself provides the possibility of cancellation and this is highlighted in the product description. In case of purchasing products with a defined date and time it is important to show up at the chosen time, no refund is due in case of no-show or punctual presentation.
ORDER MANAGEMENT
Once you have made a purchase, Gardaway will provide you directly in PDF format with the tickets relating to the products you purchased. You will also be sent an email summarizing your order containing a link to download the PDF of the tickets
PERSONAL DATA
For any information relating to the processing of your data you can contact us via the following email address privacy @ gardaway.it.
2. Product information and prices
The details and information relating to the Supplier's Service and the Product are indicated in the "product description" on gardaway.it and subdomains. In this section you can also see the price of the Product, always in EURO currency and including VAT. Please ensure that all pricing information on the Site is correct before submitting an order. In accordance with the provisions of the art. 7-ter of Legislative Decree no. 633/72, VAT is applied both to subjects resident for tax purposes in Italy and to consumers who are not tax residents in Italy. By placing your order you declare that you have fully read and understood the "product description" of the selected Supplier Service and Product.
3. Disclaimer
Gardaway has no responsibility for the Supplier Services, which are provided exclusively by the relevant Supplier. To the maximum extent permitted by applicable law, you agree to exclude Gardaway's liability for any costs, expenses, losses or liabilities that you may incur as a result of any breach of the Terms of Service by a Provider and/or any event in any way connected to the service provided by that Supplier. By purchasing a Product you accept and agree to the relevant Terms of Service, including the Supplier's policy on cancellation and for those who do not use the purchased products ("no-show"), and any additional conditions that the Supplier may apply to your reservation or during your visit. You must report to the Supplier Service on the day and time indicated on your tickets. No refund is due in case of no-show or non-punctual presentation. If you wish to cancel your booking, please be advised that you may be charged cancellation fees in accordance with the Supplier's applicable cancellation and no-show policies. We recommend that you carefully read the Supplier's cancellation and no-show policies before submitting your reservation.
4. Booking procedures
To send a purchase order for one or more Products you must select the Product, add it to the cart, fill in the summary with your data and send a purchase request, which must be considered as a contractual proposal. The cart summary is made up of a "customer information" page containing personal information, the selection of the payment method and the summary of the products you intend to purchase, including the price. In accordance with the provisions of the art. 7-ter of Legislative Decree no. 633/72, VAT is applied both to subjects resident for tax purposes in Italy and to consumers who are not tax residents in Italy. To make a purchase you must provide your personal data for each purchase. The user declares and guarantees that all information relating to personal data provided during the order entry process is updated, complete, accurate and truthful. You authorize Gardaway to verify the accuracy of the personal data and any other information provided and undertake to cooperate with Gardaway during such verifications. By sending a purchase request you unconditionally accept and undertake to comply with the provisions of these General Terms and Conditions and the Conditions of Service. The purchase request is stored in our database for the time necessary to process your order and for the time required by law
5. Payments
Whichever payment method is chosen your financial data is always managed by the payment gateway (external to Gardaway) and no sensitive information is transmitted to Gardaway systems All our payment gateways comply with the new Payment Services Directive (PSD2)
6. Conclusion of the sale
An order is considered sent when Gardaway electronically receives the contents of your cart and your personal information. The contract is considered concluded when, following an authorized payment through the Site, Gardaway sends you the voucher or electronic ticket.
7. Billing
If the buyer wishes to receive an invoice for the purchased title, he is asked to point this out before making the purchase. If nothing is requested, each title will be managed fiscally according to the legal provisions in force.
8. Confirm order
Upon acceptance of the order and an authorized payment through the Site, Gardaway will send you directly both via the Site and via email the voucher and/or tickets to directly use the Supplier's Service. The Supplier's Service is subject to the Conditions of Service prepared by the Supplier (the main conditions of which are made available at any time on the Site).
9. Privacy
Your personal data is processed by Gardaway for the purpose of providing the Products. Gardaway communicates to the Supplier your personal data that is strictly necessary to provide the Supplier Service (i.e., your name, your email address, your mobile number if necessary to provide the Supplier Service and the booking number made, and any information relating to such data). Gardaway and the Suppliers each act separately as data controller of the personal data provided and for the sole purpose of providing the relevant Services. Gardaway does not send communications for marketing purposes and does not carry out market research by the Supplier and do not allow the Supplier to conduct market analyzes on your personal data.
10. Changes
The General Terms and Conditions may be modified at any time following the introduction of new laws or regulations or for other reasons. The new General Terms and Conditions are effective from the date of publication on gardaway.it and related subdomains. We recommend that you regularly visit this section of the Site in order to check whether the most recent and updated General Terms and Conditions have been published.
11. Applicable law and competent court
These General Terms and Conditions are subject to Italian law and in particular to Legislative Decree no. 206/2005 relating to distance selling and Legislative Decree no. 70/2003 relating to some aspects of electronic sales. If you have your residence in an EU State other than Italy, pursuant to Article 6(2) of Regulation No. 593/2008, you will also enjoy the protection of the mandatory provisions of the State where you reside. The parties agree that for any dispute relating to the interpretation or execution of this contract, unless it falls among those for which the law expressly provides for the mandatory jurisdiction by territory, the Court of Brescia will have exclusive jurisdiction.
12. Online Dispute Resolution
Pursuant to Section 14 of Regulation (EU) number 524/2013, we hereby inform you that you can resolve disputes related to the purchase of Products on the Site through the online ODR platform managed by the European Union Commission
13. Returns and refunds
Products purchased through our site are generally NOT refundable and returns cannot be made
This is due to the fact that immediately after receipt of payment a connection is made with the final service provider and we ourselves do not have the possibility to make returns, therefore it is not possible for us to make refunds
There are specific cases in which the final service provider offers the possibility of canceling your reservation within a variable period of time. In this case the return policy is explained on the page dedicated to the specific product. For these products where cancellation is provided (free or for a fee), any refundable portion may be paid in the form of a Gift Card (spendable on our site) rather than on the same payment method used during the purchase phase.
In the event that following payment it was not possible to process the order for technical reasons, the return will always be made using the same payment method used during the purchase phase.
