These General Contractual Conditions (referred to from now on as the “GCC”) govern the offering and sale of the products as defined below (referred to from now on as the “Service”), as specified in greater detail below. The user making use of the Service (referred to from now on as the “Client”) is required to read carefully and approve the GCC by selecting the box provided for that purpose during the purchasing process.
The Service is provided by M.I.D.A. Informatica s.r.l., with its registered offices at Via Casalino, 27, Bergamo, Italy, Italian Tax ID and VAT Registration No. 02758170167 (referred to from now on as “Mida”) on behalf of FAI - Fondo Ambiente Italiano, with its registered offices at Via Carlo Foldi, 2, Milan, Italy (referred to from now on as the “Organiser”).
The Service shall be provided by means of a dedicated sales software program owned by Mida (referred to from now on as the “Software”) installed on the www.fondoambiente.it website and the sites indicated by the Organiser on a case-by-case basis.
The purpose of the Service is the distance selling of valid passes for access to FAI Properties and/or events organised by the Organiser, including those held at FAI Properties (referred to from now on as an “Access Pass” or, in the plural, “Access Passes”), and for the use of the services offered by the Organiser, including but not limited to, guided tours of FAI Properties (referred to from now on as the “Product” or, in the plural, “Products”), implemented by Mida.
The offering and sale of Access Passes and/or Products constitute a distance-selling contract governed by Section I, Part III (Articles 45 et seq.) of the Italian Consumer Code and by Italian Legislative Decree No. 70 of 9 April 2003, containing the regulations on electronic commerce.
Access Passes and Products are offered for sale solely to Clients identified as (a) consumers (pursuant to Italian Legislative Decree No. 206/2005), meaning any physical person acting for purposes outwith the entrepreneurial, commercial, artisanal or professional business they may be involved in, (b) adults (pursuant to the laws in the respective countries). Mida is entitled to refuse to process orders place by parties other than consumers and any other order that does not comply with these Terms & Conditions.
In providing the Service, Mida acts on behalf of the Organiser and shall accept no liability in relation to the management and organisation of the cultural offerings and events to which the Access Passes and Products relate. In this regard, notice is hereby given that the cultural offerings and events published through the aforementioned sales channel may be subject to changes outwith the control of Mida, which carries out only periodic monitoring of the updating of the information published through the direct input of the Organiser.
The online publication of the GCC and the confirmation of the purchase order (referred to from now on as the “Purchase Agreement”) supplied by Mida to the Client are deemed valid as “confirmation of the contract concluded on a durable medium” pursuant to Section 7, Article 51 of Italian Legislative Decree No. 206/2005 (“Consumer Code”).
Pursuant to Italian Legislative Decree No. 70 of 9 April 2003, containing provisions on electronic commerce, Mida informs the user that in order to conclude the Purchase Agreement for an Access Pass and/or a Product through the Software, the Client must select the Access Pass and/or Product and fill out the online form, which must be considered as a contractual proposal (referred to from now on as the “Order Form”). The Order Form is composed of a “client information” page containing personal information and a second page that allows the Client to provide payment details. The Order Form also includes the main characteristics of the Access Pass and/or Product ordered, the unit price (inclusive of VAT) and a link to the Conditions of Service.
To submit the details and complete the Order Form, the Client must supply their personal details and, where requested, the details of each party entitled to purchase an Access Pass and/or Product, filling out the registration/order form with the aforementioned personal details. The Client ensures and declares that all of the information relating to the personal details provided during the order process are up to date, complete, accurate and truthful. The Client authorises Mida to verify the accuracy of the personal details and any other information supplied, and undertakes to collaborate with Mida on said verification process.
By submitting an Order Form to Mida, the Client accepts unconditionally and undertakes to respect the terms of the GCC. A brief summary of the main Conditions of Service and a link to the full version of said conditions are available through the Software at any time.
The Order Form is stored in the Mida database for the time required to process the Client’s order and for the time set out by law.
The Client or any party that is the legitimate holder pursuant to the GCC of an Access Pass/the receipt for a Product purchased by the Client (referred to from now on as the “Bearer”) must be provided with a valid Access Pass to access the FAI Property and/or the event organised by the Organiser (referred to from now on, jointly, as the “Cultural Initiative”) or a valid Product receipt to use the relevant service. The regulations applicable to the Client and/or the Bearer as indicated in relation to the single Cultural Initiative and/or the single service or in any case applicable to the Client or the Cultural Initiative shall also apply to the Access Pass.
The Access Pass/Product must be purchased through the Software via the distribution network of MidaTicket. In the event that the Access Pass/Product has been purchased by the Client from parties other than those indicated above, or if the Access Pass and/or Product receipt have been lost, stolen, duplicated or obtained in ways that do not comply with the GCC, the Bearer may not be authorised by the Organiser of the Cultural Initiative to access the site of the Cultural Initiative, or may be obliged to leave said site, or may not be authorised by the Organiser to use the service associated with the Product. Mida shall not substitute the Access Passes/Products delivered to the user in the event that said Access Passes and/or Product receipts are lost, damaged, destroyed or stolen.
The Access Pass/Product receipt may not be sold by the Client for a consideration nor may they be used for purposes of intermediation.
Mida may at any time cancel, at the request of the Organiser and/or the authorities responsible for law and order, an Access Pass/Product even if already issued or a purchase order already placed, either for technical and/or organisational reasons or where problems arise in relation to the payment of the Access Pass/Product on the part of the Client.
Mida reserves the right to refuse or cancel orders that come (i) from a Client with whom it is involved in a legal dispute; (ii) from a Client who has previously violated the GCC and/or the terms and/or conditions of the Contract; (iii) from a Client who has been involved in fraud of any type and, specifically, in fraud relating to credit-card payments; (iv) from Clients who have provided identification that is false, invented, fictitious, incomplete and/or in any way inaccurate and/or failing in any way to correspond to the truth or which relates to third parties.
In relation to the Access Passes and Products that may be purchased using the Software, Mida hereby provides notice and the Client acknowledges and recognises that:
a) multiple users may attempt to purchase the same category of Access Passes in relation to the same Cultural Initiative (“Same Access Pass”) and/or the same category of Products (“Same Product”) at the same time
b) pressing the “Pay Now” button generates a request on the Mida server (“Server”)
c) all of the requests on the Server generated by the pressing of the “Pay Now” button and relating to the Same Access Pass/Same Product are processed in chronological order, based on the time at which the request reaches the Server
d) the purchasing of the category of Access Passes/Products selected by the user by pressing the “Pay Now” button may, then, be completed only if, at the time at which the request generated by pressing said button reaches the Server, there is still sufficient remaining availability in the requested category of Access Passes/Products, taking account of the actions carried out by the other users whose request relating to the same Access Pass/Product reached the server some time before that of the user
e) the fact that, in the context of the same package of Access Passes/Products purchasable via the Software, a category of Access Passes/Products previously unavailable is subsequently viewed by the user as available to add to their shopping cart by pressing the relevant button, depends on the actions of those users who have placed the Same Access Pass/Same Product into their cart but have not completed the purchase (e.g.: due to deliberately abandoning the cart or expiry of the maximum time allotted to finalise the purchase, during which the Access Pass/Product is reserved for the user who has added it to their cart, or transaction not completed successfully); in such cases, the system puts back on sale the Access Pass/Product for which the purchase process was not completed, in accordance with the rules set out above.
The MidaTicket Service makes available to the user a limited period of time for the payment of the Access Pass/Products booked (referred to from now on as the “Booking Time”).
The Booking Time is specified on the pages of the site dedicated to the event and is limited to 20 minutes.
If the Booking Time has passed without the user having made payment for the Access Pass/Products booked, the associated bookings shall be cancelled and all of the Access Passes/Products shall automatically be made available for sale.
Notice is hereby given that, on the basis of the various agreements that Mida stipulates on a case-by-case basis with the Organiser, the Organiser may reserve the right to withdraw fully, at its own discretion and at any time, from the MidaTicket sale circuit both Access Passes to the Cultural Initiatives published and Products. In such cases, should it occur that at the time of withdrawal by the Organiser the user has not yet completed the purchase of the Access Pass to the Cultural Initiative and/or the Product in which they were interested, and as a result the relevant booking is still valid pursuant to these general conditions of use of the Service, since the Booking Time has not yet expired, it shall however no longer be possible to recover the booking, even if valid, and the associated Access Pass/Product may no longer be issued by Mida, without Mida being held in any way liable.
Payment for the Access Passes is carried out using credit cards on the VISA, VISA ELECTRON, MASTERCARD and AMERICAN EXPRESS circuits.
The credit cards accepted are indicated in the “Payment Options” phase of the purchasing process. The charging of the total amount due by the Client to Mida is carried out at the time of transmission of the order.
For security reasons or at the discretion of the Organiser, Mida reserves the right to apply limitations and exclusions to the payment tools that can be used by the Client for the payment of the Access Passes/Products.
Payment is made through a secure payment service using of the SSL security protocol. The confidential credit card details (card number, cardholder name, expiry date, security code) are encrypted before being transmitted to the payment services provider and, where applicable, to other providers of payment services made available on a case-by-case basis on the Software, without third parties having access to them. Mida does not have access to the Client’s credit card details used to make payment for the Access Passes and does not, therefore, store said data, the only exceptions being for the completion of the purchasing procedure and to make reimbursements in the event of cancellations, pursuant to the exercising of the right of withdrawal, or to report cases of fraud to the police.
In the event of termination of the Purchase Agreement and in any other case of reimbursement, for any reason, the reimbursed amount shall be credited using the same payment method utilised by the Client for the initial transaction; in the event that it is not possible to do so, the reimbursement shall be made by bank transfer. If necessary, the Organiser shall request that the Client provide the bank details required to make the reimbursement.
The price of the Access Pass/Product is that communicated by the Organiser and known to Mida at the time of completion of the operation to purchase the Access Pass/Product carried out by the Client.
Any lower price that, subsequent to the purchase by the Client, were to be applied by the Organiser to Access Passes/Products of the same type or relating to Cultural Initiatives to be held on a particular date, shall not entitle the client to a reimbursement of the difference.
The price of the Access Passes/Products is shown on the Access Pass/Product itself, inclusive of any advance booking fee applied by the Organiser.
The price of the Access Passes/Products, as well as the service commission and any other prices shown on the Site are inclusive of the applicable VAT charge.
The Access Passes/Products purchased are delivered to the Client in print@home format, and can be presented by the Bearer in hard copy or digital format.
The access control system shall authorise the entry of a single Access Pass/the use of a single Product equivalent to a single barcode. Any photocopies and/or frauds deriving from improper use shall be prosecuted pursuant to the applicable laws and shall not be attributable to Mida or to the Organiser. The Organiser shall not in any case permit the use of any Access Passes/Products that have been duplicated.
An order is deemed to have been submitted once Mida receives the Order Form electronically and the information in it has been checked and deemed to be accurate. The contract is deemed concluded when – following receipt of a payment authorised through the Software – Mida delivers a print@home ticket to the Client.
Following each payment made directly to Mida’s bank account, on behalf of the Organiser Mida sends the tickets, which count as a form of payment receipt, detailing the sums received.
Pursuant to Letter b), Sub-section 1, Article 55 of Italian Legislative Decree No. 206 of 6 October 2005 (the so-called “Consumer Code”), the right of withdrawal as set out in Articles 64 et seq. of said Consumer Code is not applicable to the transactions carried out using the Service. After having completed the transaction, it is not therefore possible to cancel the request, nor to have the nominal cost reimbursed.
In the event of postponement or cancellation of the Cultural Initiative/service associated with the Product on the part of the Organiser, and therefore also in the event of the impossibility of accessing the FAI Property or Properties, Mida, as the party acting on behalf of the Organiser in relation to the sale of the Access Passes/Products, may not in any case be held liable.
The Organiser shall inform the Client about the measures it has taken in relation to the reimbursement or replacement of the Access Passes/Products relating to the Cultural Initiative/service that has been postponed or cancelled, and therefore also in the event of the impossibility of accessing the FAI Property or Properties, without prejudice to the fact that the Organiser shall be the sole party responsible for any choices made in relation to said initiatives.
In the event of cancellation of the Cultural Initiative/service associated with the Product, and therefore also in the event of the impossibility of accessing the FAI Property or Properties, Mida shall reimburse the Client using the methods and on the timescales decided by the Organiser, only in the event that Mida has been specifically delegated to carry out said reimbursement and to the extent to which it has received the necessary funds from the Organiser. In every case of cancellation and/or postponement of the Cultural Initiative/service associated with the Product, the Client may in any case contact the Organiser with a view to enforcing their rights in relation to the Organiser.
Without prejudice to cases of intentional fault or serious misconduct, Mida may not be held liable for the costs and damages, direct or indirect, of any nature, incurred by the Client in relation to the sale of Access Passes/Products.
Mida may not be deemed liable in any way for any difficulty, inconvenience or downtime incurred by the Client for circumstances imputable to the Organiser, nor may it be held liable in any way for variations to the schedule of Cultural Initiatives and/or to the terms of utilisation of the Services published through the Software and, to that end, it is always, in all cases, advisable to check the scheduled events directly on the Organiser’s official site.
Mida is not liable for the type of spaces made available by the Organiser and does not guarantee that the Access Passes/Products purchasable through its sales channels represent, for each type, the best spaces available at the time of purchase by the Client or that better spaces may not be put on sale by the Organiser at a later date.
The Access Passes/Products cannot be used for political, commercial , advertising or other promotional purposes (for example, as prizes in competitions or lotteries) except in cases of prior written authorisation from the Organiser and/or, if it is authorised by the Organiser to do so, from Mida.
Clients using the Access Passes/Products in violation of this provision shall be held liable for damages resulting from their conduct and may be prosecuted.
Should a provision in these General Terms & Conditions be considered unlawful, invalid, ineffective or contrary to the law on the basis of a definitive decision by a competent court, said provision shall be removed, and all of the other provisions of these General Terms & Conditions shall be considered fully effective and valid.
Mida reserves the right to transfer and/or sell to a third party any entitlement under these General Terms & Conditions, without restriction.
In all cases in which the user of the Service is not a consumer, any dispute relating to the validity, interpretation, execution and/or resolution of judicially relevant deeds relating to the use of the Service shall fall under the exclusive competence of the Court of Milan, Italy.
The GCC, the various regulations indicated in the phases of the process of distance selling, where applicable, and the instructions on the Access Pass/Product constitute the entire contractual agreement between the Client and Mida.
In the event of conflict between the provisions of the GCC, published in Italian, and the corresponding text published by Mida in English, and in the event of conflict between the Italian and English versions of all of the other content in the Contract, the Italian version shall take precedence.
Before submitting the Order Form so as to proceed with the consequent purchase of the Access Pass and/or Product, the Client must provide the Organiser with their own personal details and, where requested, the details of each party for which it is legitimately entitled to purchase an Access Pass and/or Product. The Organiser acquires these details through Mida.
In this section, the roles for the processing of the personal details provided by the Client are defined, and a description is also provided of the methods used to process said details, along with the obligations that Mida is required to comply with in relation to said processing operations.
I. Data Controller
The “controller” of the processing operations carried out on the personal details provided by the Client is FAI - Fondo Ambiente Italiano, with its registered offices at Via Carlo Foldi 2, Milan, Italy (also referred to as the “Controller” below).
II. Data Manager
For the purpose of the processing of the details, the Controller works with Mida which, pursuant to Article 28 of EU Regulation 2016/679, thus takes on the role of “manager” of the processing of the personal details provided by the Client, in order to implement the Services requested by the Client. Mida may also store the Client’s details for the period of time that is strictly necessary to meet the legal obligations, for fiscal or contractual purposes or to enforce a right through legal action.
It is understood that the Controller, in the context of the data-processing operations set out in this agreement, also reserves the right to appoint other data managers to carry out activities relating to the management of the services carried out by Mida.
The Controller has provided the aforementioned manager with specific instructions in relation to the processing of the details through an agreement on the processing of personal details drafted pursuant to the aforementioned Article 28 of EU Regulation 2016/679.
III. Place of Data Processing
The processing operations are carried out exclusively by personnel of the Controller who are authorised to do so and by the managers appointed by the Controller.
IV. Purposes of the data processing operations and legal basis for the operations
The personal details provided by the Client are used for the sole purpose of responding to requests or implementing the requested service, and they are disclosed to third parties only in the event in which it is necessary to do so for that purpose; specifically, the personal details provided by the Client are used for the sole purpose of permitting participation in the Cultural Initiative in which the Client has asked to participate, also through the sending of communications relating to the Cultural Initiative in question. The legal basis for these processing operations is the requirement to respond to requests submitted by the data subjects or to carry out activities set out by the agreements in place with the data subjects.
With the consent granted by the Client, their details may also be processed for communications relating to the institutional activities of the Controller and for the presentation of offers of additional products or services provided by the Controller. The legal basis of these processing operations is the consent freely granted by the data subject.
Users’ details are stored for the period of time strictly necessary for the management of the processing operations, within the limits set out by the applicable laws.
V. Types of details processed
- Details compulsorily provided by the user
For the purpose of the purchasing of Access Passes to the Controller’s Cultural Initiatives, the Client, through the Order Form, is compulsorily required to disclose the following personal details: FIRST NAME, SURNAME, EMAIL ADDRESS, as well as – where requested – the details of each party for which the Client is legitimately entitled to purchase an Access Pass.
The submission of the aforementioned personal details entails their subsequent acquisition by the Controller and the Managers. Specific summary information shall gradually be included or shown in the communications of the site in relation to particular services available on request.
- Optional nature of the submission of the details
Aside from the matters specified above, the Client is free to provide their personal details to request additional services offered by the Controller. Failure to provide said details may make it impossible to obtain the services requested.
VI. Methods of data processing and data-storage periods
The personal details are processed using automated tools for the period strictly necessary to fulfil the purposes for which they were collected. Specific security measures are observed to prevent the loss of the data, their unlawful or incorrect use or any unauthorised access to them.
The data are stored for the time strictly necessary for the pursuit of the objectives set out here and they shall be deleted at the end of said period, unless the details themselves must be stored to comply with legal obligations or to enforce a right through legal action.
VII. Rights of the data subjects
Within the limits and on the basis of the conditions set out by law, the Controller is obligated to respond to requests submitted by the data subject in relation to the personal details that concern them. Specifically, on the basis of the current legislation:
1. the data subject is entitled to obtain from the Data Controller confirmation as to whether are not data-processing operations that concern them are currently under way, and if said operations are under way, to be given access to the personal details and the following information:
• the purposes of the processing operations
• the categories of personal details in question
• the recipients or the categories of recipients to whom/which the personal details have been or may be disclosed, in particular if they are in third countries or international organisations
• when possible, the expected period of data storage or, if that is not possible, the criteria used to determine said period
• the existence of the right of the data subject to request from the Data Controller the correction or deletion of their personal details or the limitation of the processing of said details, or to oppose their processing
• the right to submit complaints to a supervisory authority
• should the data not be collected from the data subject, all of the available information on the origin of the data
• the existence of an automated decision-making process, including profiling
2. the data subject is entitled to obtain from the Data Controller, without undue delay, the correction of inaccurate personal details concerning them. Taking account of the purposes of the processing operations, the data subject is entitled to obtain the completion of incomplete data, including by providing an additional declaration.
3. the data subject is entitled to obtain from the Data Controller, without undue delay, the deletion of their personal details, and the Data Controller has the obligation to delete the personal details without undue delay, within the limits and in the cases set out by the applicable legislation. The Data Controller informs each of the recipients to whom the personal details were sent vis-à-vis any corrections or deletions or limitations of the processing operations within the limits and in the forms envisaged by the current legislation.
4. the data subject is entitled to obtain from the Data Controller the limitation of the processing operations.
5. the data subject is entitled to receive, in a structured, widely used and automatically readable format, the personal details that concern them which have been supplied to a Controller, and is entitled to transmit those details to another Controller without impediment on the part of the Controller to which they were supplied in the first instance.
The data subject may revoke consent at any time and in the cases envisaged by the law may submit complaints to the Guarantor for the Protection of Personal Details (www.garanteprivacy.it).
To exercise the rights set out above, the data subject may submit a request using the following contact details: FAI - Fondo Ambiente Italiano, with its registered offices at Via Carlo Foldi 2, 20135 - Milan, Italy, firstname.lastname@example.org.
The Data Protection Manager may be contacted at the following email address: email@example.com. Alternatively, they can be contacted through requests marked for their attention and sent to the registered offices of FAI – Fondo Ambiente Italiano at Via Carlo Foldi 2, Milan, Italy.
The GCC may be modified at any time following the introduction of new laws or regulations or for other reasons. The new GCC is effective from the date of its publication on the www.fondoambiente.it site. It is recommended to regularly visit this section of the Site in order to check if more recent or updated General Terms & Conditions have been published.
The GCC is governed by Italian law. In the event of disputes, the competent court is the Court of Milan.
Pursuant to Section 14 of EU Regulation No. 524/2013, the Client may resolve disputes relating to the purchase via the Software of Access Passes and Products through the ODR online platform managed by the Commission of the European Union and reachable at the following web address https://webgate.ec.europa.eu/odr.