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Terms and Conditions


These General Terms and Conditions of Sale for purchases, hereinafter GENERAL TERMS AND CONDITIONS, govern the remote purchase of services by consumers, by means of a digital transmission network, on sites belonging to:

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 - termedisirmione@pec.termedisirmione.com (hereinafter “Terme di Sirmione”). 

AQUARIA SERVICES

Article 1 - Subject 
Gift Vouchers can be bought from the website https://shop.termedisirmione.com. Using these vouchers, customers can select when to enjoy a spa experience or services booked for a certain date/time. This website is for private customers. Customers with a VAT number can contact sales@booking.com for purchases. 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 detailed below.
Each Gift Voucher is identified by an alphanumeric serial code that the consumer must communicate when booking the service so that it can be confirmed and validly used. The alphanumeric 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 the time of purchase.
A confirmation email is generated for each purchase, containing all the booking terms and conditions. There should be no need to contact Terme di Sirmione further.

Article 2. Website purchase
At the time of purchase, it is necessary to check that all 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 services selected and the simultaneous payment indicated therein. The sale is regarded as completed when the payment transaction has successfully gone through.
In order to better understand the methods of using the services, key definitions are given below:
  • Customer: person who purchases a Gift Voucher or books 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 prior 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 in the email confirmation are pre-determined and accepted at the time of purchase and also apply to the Beneficiary.
Online purchases preclude the possibility of receiving refunds for other benefits (conventions and/or coupons).
 
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 customers: Credit Card (Visa, Vpay, Mastercard, Maestro). 
The Customer is transferred to a protected site and their credit card details are communicated directly to the Banking Institute that is responsible for payments to Terme di Sirmione. The data transmitted are sent using a protected method, transferring encrypted data using the SSL system (Secure Sockets Layer). These data are inaccessible, even to Terme di Sirmione. 
Payment is made at the time of purchase via the website and acts as a security deposit. A tax document (tax receipt or invoice on the customer’s request) 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). If an invoice is requested at the time of payment, a VAT-exempt invoice will be issued, in accordance with Article 2 of Italian Presidential Decree 633/1972.  

Article 4. Booking method 
4.1 Services booked for a certain date/time
The Customer 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 +39 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). If several services are included in 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 for weekends and holiday periods.  
The booking confirmation is subject to availability at Terme di Sirmione and, during certain periods (for example, celebrations, private events), requests for bookings may not be accepted. In the absence of availability, the Beneficiary may choose an alternative date. 
Services may 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 may no longer be used and cannot be refunded.

Article 5. Changing or cancelling a booked service
It may become necessary to change a service booking, including any services forming part of a Gift Voucher that have already been booked. In order to do so, the booked service must first be cancelled, and a new booking made as follows:  
  1. Visit 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 two days before the booked date (for example: date of booking 23/12/2916, deadline for cancellation without penalty is 23:59 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. Phone the Booking Centre on +39 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 only possible to change a booking and make a new booking once.  
If the booking includes several services, it is not possible to partially cancel or change them. If you would like maximum flexibility to change the date, we recommend making separate purchases. 
All changes and/or cancellations must be confirmed by Terme di Sirmione in writing, otherwise the original booking will stand.

Article 6. Limits of application 
6.1 Legal capacity

All customers who purchase or make a booking at https://shop.termedisirmione.com formally declare that they are adults 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 Terme di Sirmione’s refusal to accept the order and/or allow access to the services requested.  

Article 7. Data concerning the Customer and the Beneficiary
At the time of purchase, it is up to the Customer 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 details are correct.
Terme di Sirmione is not responsible for any delay and/or failure to send information due to incorrect instructions from the Customer.
In the event the Gift Voucher is not delivered, it is the responsibility of the Customer to contact the Booking Centre on the telephone number +39 030916044 to inquire into the circumstances. Should the Customer not give notice of the failed delivery, it will be considered successful and the right to request that it be resent will not be valid.

Article 8. 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 Customer, given that the right to use the service arises from the availability of the alphanumeric serial code indicated on every Gift Voucher, it is the responsibility of the Customer and the Beneficiary to ensure the Gift Voucher is safeguarded. It should be noted that Terme di Sirmione has created a control procedure to limit fraud to the utmost and to protect its Customers.  
It is the responsibility of the Customer 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 Customer and the Beneficiary indicated at the time of purchase and sent via email to the email address aquaria@termedisirmione.com.  
The Customer 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 9. Liability connected to use of the website http://shop.termedisirmione.com
The Customer 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 Customer’s computer systems, Terme di Sirmione cannot be held liable for any failure in service that may result.
In the event of issues of this kind, the Customer should contact the Booking Centre on telephone number +39 030916044

Article 10. Right of withdrawal
In accordance with Article 52 of the Consumer Code (Italian Legislative Decree 205/2006), the Customer has the right to withdraw from the contract without giving a reason within 14 days, starting from the date of purchase.   
To exercise the right of withdrawal, the Customer must inform Terme di Sirmione of the decision by means of an explicit declaration that may 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: aquaria@termedisirmione.com
  • To the following fax number: +39 030916192 (faxes are read from Monday to Friday, excluding bank holidays and or national holidays)
 The declaration must clearly indicate the reference to the services booked for a specific date/time or the Gift Voucher purchased, the Customer’s name and surname and telephone number.  
Withdrawal from this contract will result in the refund of payments that the Customer has made to Terme di Sirmione, no later than 30 days after the date of receipt of the withdrawal declaration. Terme di Sirmione shall contact the Customer via the contact details provided for any clarification. The refund will be issued through the same method used for purchase.
The Right of Withdrawal does not apply to services booked (including by the Beneficiary of the Gift Voucher) for an imminent date and, specifically, a date that does not respect the two days’ advance notice laid down by the cancellation method set out in Article 5 Changing or cancelling a booked service.

Article 11. Validity and terms of use of services booked for a specific date/time and/or using a Gift Voucher
11.1 Booking services for a specific date/time
The Customer must attend the facility on the day and time indicated in the confirmation email summarising the booking. The guarantee and priority access are valid only in the time slot of the booking. In the event of late arrival, priority entry to the Centre will not be guaranteed and, for booked treatments, it may not be possible to use the booked service.
11.2 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 Customer 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 +39 030916044 to request clarification.
Once services have been booked, the Customer 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. The Gift Voucher must be presented at the facility on arrival, otherwise the Customer will be unable to use the services contained therein, even if they have been booked.
The guarantee and priority access are valid only in the time slot of the booking. In the event of late arrival, priority entry to the Centre will not be guaranteed and, for 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 old town centre or find any available parking spaces: it is recommended you arrive in Sirmione early enough for the time booked. Aquaria Termale Spa is a lovely 10-minute walk from the historic centre of Sirmione. 

Article 12. Restrictions and limitations of liability
Aquaria features a vast park, numerous swimming pools of various sizes, and various indoor and outdoor areas dedicated to relaxation. 
With regard to the foregoing, the Customer and Beneficiary acknowledge and unconditionally accept that, under certain circumstances, such as bad weather, overcrowding or technical reasons, the Management of Terme di Sirmione reserves the option of changing the times of Centre services and/or individual indoor areas, including denying access without providing a refund.

Article 13. Applicable law and jurisdiction
Each sale contract concluded between Terme di Sirmione and its Customers, in accordance with these GENERAL TERMS AND CONDITIONS, is governed and interpreted in compliance with Italian laws. 
Any and all rights that may be attributed to Customers by mandatory provisions of the law in force in the relevant country remain unaffected.
Any dispute will come under the exclusive jurisdiction of the Court of Brescia.


HOTEL SERVICES

Article 1. Subject
Using Terme di Sirmione hotel online booking websites (hereinafter “aforementioned sites”), it is possible to book stays at hotels including overnight accommodation and other services. When a booking is made, the user will be asked for their check-in and check-out date, number of guests, number of rooms required and any other useful information. A confirmation email is generated containing all the booking terms and conditions for each reservation.

Article 2. Online booking
At the time of purchase, it is necessary to check that all fields have been filled in correctly before confirming.
When the online booking is made, all the cancellation terms and conditions for the selected rate are visible.
All bookings made by consumers on the website 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 prior notice. Any changes will not be retrospective and will only be applied to sales concluded after that date.

Article 3 – Prices and payment conditions
Prices are given in euros and are those in force at the time of purchase, including VAT. Payment may be made directly at the hotel or, for the “RELAX -10% | NON-REFUNDABLE” rate, within 24 hours of the booking date.

Article 4. Changing or cancelling a booking
It may become necessary to change a service booking. In order to do so, the Customer must visit the website where the booking was made (this can be done via the link in the confirmation email received) and click on Cancel/Change booking.
When a booking is changed or cancelled, the fees listed in the cancellation terms and conditions visible at the time of booking and shown in the confirmation email will be applied.
Please note that no cancellations or changes are possible with the RELAX -10% | NON-REFUNDABLE rate.

Article 5. Limits of application 
5.1 Legal capacity

All customers who purchase or make a booking on the aforementioned websites formally declare that they are adults and in full possession of their faculties. The indications communicated will be considered truthful. Any use of the websites in breach of these GENERAL TERMS AND CONDITIONS may lead to Terme di Sirmione’s refusal to accept the order and/or allow access to the services requested.

Article 6. Liability connected to the use of the hotel booking website
The Customer 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 aforementioned websites. In the event of the interruption or incompatibility of the website with the Customer’s computer systems, Terme di Sirmione cannot be held liable for any failure in service that may result.
In the event of problems of this kind, the Customer should contact the Booking Centre on telephone number +39 0309904922.

Article 7. Right of withdrawal
The Right of withdrawal is not applicable.

Article 8. Applicable Law and Jurisdiction
Each sale contract concluded between Terme di Sirmione and its Customers, in accordance with these GENERAL TERMS AND CONDITIONS, is governed and interpreted in compliance with Italian laws. 
Any and all rights that may be attributed to Customers by mandatory provisions of the law in force in the relevant country remain unaffected.
Any dispute will come under the exclusive jurisdiction of the Court of Brescia.