These General Terms and Conditions of Sale for purchases from https://shop.termedisirmione.com, hereinafter GENERAL TERMS AND CONDITIONS, govern the remote purchase of services by consumers, by means of a digital transmission network, from https://shop.termedisirmione.com of TERME E GRANDI ALBERGHI SIRMIONE S.P.A. - Registered office and Management HQ: Piazza Virgilio, 1 25019 Sirmione (BS) VAT No.: 00548290980 – Brescia Business Register - Tax Code and Registration No.: 00279830178 – Economic and Administrative Index no. 20160 – Share Capital €1,474,200.00 fully paid up (hereinafter “Terme di Sirmione”).
Article 1 - Subject
Gift vouchers can be bought from the website https://shop.termedisirmione.com , with which a thermal experience or services booked for a certain date/time can be selected subsequently. More details below:
1.1 Gift voucher
The Gift Voucher is a document produced electronically by Terme di Sirmione that gives the holder the right to use the services indicated.
The booking and use of the service can be made within a period of 12 months from purchase (unless otherwise indicated) and will be subject to the instructions and limitations more fully identified below.
Every Gift Voucher is identified by an alphanumerical serial code that the consumer must communicate when booking the service so that it can be confirmed and validly used. The alphanumerical serial code and the key contacts of Terme di Sirmione are given in the text of the Gift Voucher.
A Gift Voucher can be used by someone other than the buyer, given that this is intended as a gift to a third person.
1.2 Services booked for a certain date/time
When services are purchased for a certain date and time, the chosen date and time when the selected wellness experience is to be enjoyed must be indicated at time of purchase.
For every purchase, a confirmation email is generated including all the booking periods and it is not necessary to contact Terme di Sirmione further.
Article 2. Website purchase
At the time of purchase, it is necessary to check that all the fields have been filled in correctly before sending the order.
Purchase takes place when Terme di Sirmione, via the website, sends a confirmation email summarising the selective services and the simultaneous payment of what is indicated therein. The sale is regarded as completed on the successful outcome of the payment transaction.
In order to better understand the methods of using the services, key definitions are given below:
Client: those who purchase Gift Vouchers or book services for a certain date/time – Beneficiary: those who use the services of a Gift Voucher. All purchases made by consumers on the website https://shop.termedisirmione.com imply that this document has been seen and fully accepted.
Terme di Sirmione reserves the right to change these GENERAL TERMS AND CONDITIONS at any time, at its own discretion, without advance notice.
Any changes will not be retrospective and will only be applied to sales concluded after that date.
The content, services, terms and conditions of using the services illustrated on the Gift Voucher or email confirmation are pre-determined and accepted at the time of purchase and also apply to the Beneficiary.
Article 3 – Prices and payment conditions
Prices are given in euros and are those in force at the time of purchase, including VAT. The following payment methods are available to clients: Credit Card (Visa, Vpay, Mastercard, Maestro).
The Client is transferred to a protected site and the credit card data is communicated directly to the Banking Institute that is responsible for payments to Terme di Sirmione. The data transmitted are sent under a protected method, by the transfer of encrypted data with the SSL system (Secure Socket Layer). These data are inaccessible, even to Terme di Sirmione.
Payment is made at the same time as the purchase via the site and acts as a security deposit. The tax document (tax receipt or invoice on request of the client) is issued and delivered at the time the services are used directly at Aquaria, including for Gift Vouchers.
Gift Vouchers are not intended for interim sale, but can only be purchased for the creation of packages (for example, room + Gift Voucher; dinner + (gift) Voucher).
Article 4. Booking method
4.1 Services booked for a certain date/time
The Client selects and books both the date and time desired at the time of purchase.
4.2 Booking services included in the Gift Voucher
The Beneficiary of the Gift Voucher must contact the Booking Centre on telephone number 030916044 to book the date and time when the services indicated on the Gift Voucher are to be used (including in the case of entry only). In the case of several services on only one Gift Voucher, it is not possible to book them for different days.
It is recommended to book well in advance of the chosen date, especially if for weekends and holiday periods.
The booking confirmation is subject to availability at Terme di Sirmione and, at certain periods (for example, celebrations, private events), requests for bookings may not be accepted. In the absence of availability, the Beneficiary can choose an alternative date.
Services can be used by and no later than the Gift Voucher's expiry date (12 months from the date of purchase shown on the Gift Voucher, unless otherwise indicated). After this period, the Gift Voucher can no longer be used and cannot be refunded.
Article 5. Change or cancellation
It may become necessary to change the booking of services, including those forming part of a Gift Voucher that have already been booked. In order to proceed, the booked service must first be cancelled and a new booking made in the following ways:
1. connect to https://shop.termedisirmione.com (see “Cancel booking”) and cancel the service, entering the booking code. Cancellation without penalty is allowed up to a maximum of 2 days before the booked date (for example: date of booking 23/12/2916, deadline for cancellation without penalty is midnight on 20/12/2016). Beyond this time, 100% of the amount paid for booked services will be retained, forfeiting the right to fulfilment, reimbursement or a new booking.
2. telephone the Booking Centre on 030916044 within 10 days following the date of cancellation to rebook the service (for example: service cancellation date: 19/12/2016, deadline for rebooking the service: 29/12/2016, depending on the opening times of the Booking Centre). After this time, all right to the services purchased is lost.
3. It is possible to change a booking and make a new one only once.
In the event the booking includes several services, it is not possible to partially delete or amend them. If you want to have the maximum flexibility to change the date, we recommend that you make separate purchases.
All changes and/or cancellations must be reconfirmed by Terme di Sirmione in writing, otherwise the original booking will stand.
Article 6. Limits on application
6.1 Legal capacity
All clients who purchase or book on https://shop.termedisirmione.com formally declare they are adults and in full possession of their faculties. The Beneficiary accepts financial liability for use of the site on their own behalf or on behalf of third parties, including minors under their supervision, without prejudice to the possibility of demonstrating that there has been fraudulent use not attributable to their negligence. The indications communicated will be considered truthful. Any use of https://shop.termedisirmione.com in breach of these GENERAL TERMS AND CONDITIONS may lead to the refusal by Terme di Sirmione to accept the order and/or deny access to the services requested.
Article 7. Treatment of personal data
We inform you that your personal data will be collected and processed by Terme di Sirmione as Data Controller for the following purposes:
a) management of the booking of entries and services at the Aquaria Centre, their sale and performance of the obligations arising from the contractual relations established. Providing personal data for these purposes is mandatory and any refusal to provide them will lead to the impossibility of establishing and executing the relations in question. The respective treatment does not require the consent of the party concerned.
b) should you give your consent, for the sending of promotional and information materials on the services delivered by Terme di Sirmione through channels such as emails, SMS, telephone or letters. The party concerned always has the right to reject the use of any of the indicated channels.
Processing is conducted with manual, computer and digital transmission instruments using organisational methods and logic strictly related to the indicated purposes.
The attainment of the aforementioned purpose may also take place by means of the transmission and communication of data to third parties, meaning those third parties authorised to process the data, since commissioned to carry out or supply specific services strictly related to the execution of the contractual relationship, such as banks, credit institutes, external debt recovery companies and consultants.
Your personal data will not be disseminated nor transferred abroad. We remind you that, in accordance with article 7 of the Code, you have the right to obtain confirmation of the existence or otherwise of data concerning you, obtain an indication of the origin and purposes and methods of processing, the updating, correction and addition to the data, the deletion of data processed in breach of the law and you have the right to object to the processing for purposes of sending marketing material.
To exercise the rights under article 7 of Legislative Decree 196/03, write to Terme di Sirmione S.p.A. Piazza Virgilio, 1 25019 Sirmione (BS) or send an email to the address firstname.lastname@example.org.
Article 8. Data concerning the Client and the Beneficiary
At the time of purchase, it is up to the Client to communicate the data required for acceptance of the purchase order.
In the case of sending a Gift Voucher to an email address indicated by the Beneficiary, it is the latter's responsibility to check that the address and the recipient's data are correct.
Any liability on the part of Terme di Sirmione for any delayed and/or failed sending due to incorrect instructions by the Client is excluded.
In the event the Gift Voucher is not delivered, it is the responsibility of the Client to contact the Booking Centre on telephone number 030916044 to inquire into the circumstances. Should the Client not give notice of the failed delivery, shipping will be considered successful and the right to request a resend will be invalid.
Article 9. Anti-fraud precautions in the event of theft or loss of the Gift Voucher
In consideration of the fact that the Beneficiary of the Gift Voucher may be a person other than the Client, given the right to use the service arises from the availability of the alphanumerical serial code indicated on every Gift Voucher, it is the responsibility of the Client and the Beneficiary to ensure the Gift Voucher is safeguarded. In any case, it is made clear that Terme di Sirmione has created a control procedure to limit fraud to the utmost and to protect its Clients.
It is the responsibility of the Client and/or Beneficiary to give notice of any loss of the Gift Voucher in order to enable it to be deactivated and its replacement to be arranged. This notification, implying the acceptance of liability, must be made in writing and signed by the Client and the Beneficiary indicated at the time of purchase and sent via email to the email address email@example.com.
The Client acknowledges that, in the event of irregularities of this kind, the Gift Voucher may be validly blocked (and therefore the booking rejected) without this implying any liability on the part of Terme di Sirmione.
Article 10. Liability connected to the use of the website http://shop.termedisirmione.com
The Client acknowledges and unconditionally accepts that Terme di Sirmione, due also to causes of force majeure and/or facts attributable to third parties, cannot guarantee the perfect continuity of service by means of the website http://shop.termedisirmione.com. In the event of the interruption or incompatibility of the website with the Client’s computer systems, Terme di Sirmione cannot be held liable for any failure in service that may derive from this.
In the case of problems of this kind, the Client should contact the Booking Centre on telephone number 030916044.
Article 11. Right of withdrawal
In accordance with article 52 of the Consumer Code (Legislative Decree 205/2006), the Client has the right to withdraw from the contract without giving any reasons within 14 days, starting from the date of purchase.
To exercise the right of withdrawal, the Client must inform Terme di Sirmione of the decision by means of an explicit declaration that can be sent as follows:
· to the following address, if sent by post: Terme di Sirmione, Piazza Virgilio 1, - 25019 Sirmione (BS)
· to the following email address: firstname.lastname@example.org
· to the following fax number: 030916192 (faxes are read from Monday to Friday, excluding holiday weekends and holidays).
The declaration must clearly indicate the reference to the services booked for a date/time or the Gift Voucher purchased, name, surname of the Client and telephone number.
Withdrawal from this contract will result in the refund of payments that the Client has made in favour of Terme di Sirmione, no later than 30 days after the date of receipt of the withdrawal declaration. Terme di Sirmione will contact the Client via the contact details provided and will reach an agreement on the method of returning the money. The refund will be issued through the same method used for purchase.
The Right of Withdrawal is not applicable to services booked (including by the Beneficiary of the Gift Voucher) for an imminent date and, specifically, a date that does not provide the 2 days’ advance notice laid down by the cancellation method provided in article 5 Change or cancellation.
12.1 Booking services for a certain date/time
The Client must attend the facility on the day and time indicated in the confirmation email summarising the booking. The guarantee and the priority access are guaranteed only in the time band of the booking. In the event of delay, priority entry to the Centre will not be guaranteed and, in the event of booked treatments, it may not be possible to use the booked service.
12.2 Gift voucher
The Beneficiary must use the services included on the Gift Voucher by and no later than the Gift Voucher's expiry date (valid for 12 months from the date of purchase shown on the Gift Voucher, unless otherwise indicated). After this period, the Gift Voucher can no longer be used.
The Client and the Gift Voucher Beneficiary are responsible for checking the expiry date.
In the event of doubts and/or difficulties of any kind, contact the Booking Centre on the telephone number 030916044 to request clarification.
Once services have been booked, the Client must attend the facility on the day and at the time indicated in the confirmation email summarising the booking, bringing the Gift Voucher, where appropriate, which must be displayed at the facility on arrival, on pain of being unable to use the services contained therein, even if booked.
The guarantee and the priority access are guaranteed only in the time band of the booking. In the event of delay, priority entry to the Centre will not be guaranteed and, in the event of booked treatments, it may not be possible to use the booked service.
On busy days, due to local traffic, it may be difficult to reach the car parks near the historic centre or find any available parking spaces: it is recommended you get to Sirmione early enough for the time booked. Aquaria Termale Spa is an interesting 10-minute walk from the historic centre of Sirmione.
Article 13. Restrictions and limitations of liability
Aquaria features a vast park, numerous swimming pools of various sizes, various indoor and outdoor areas dedicated to relaxation.
With regard to the foregoing, the Client and Beneficiary acknowledge and unconditionally accept that, under certain circumstances, such as bad weather, overcrowding or technical reasons for example, the Management of Terme di Sirmione reserves the option of changing the times of the service of the Centre and/or the individual indoor areas, including denying access without providing any refund.
Article 14. Applicable Law and Competent Forum
Every sale contract concluded between Terme di Sirmione and the Clients, in accordance with these GENERAL TERMS AND CONDITIONS, is governed and interpreted in compliance with Italian laws.
In any event, the foregoing is without prejudice to any rights attributed to Clients by mandatory measures of the current laws in their countries.
Any dispute will come under the exclusive jurisdiction of the Court of Brescia.