General Contract of Sales
TERMS AND CONDITIONS
Premise
This contract containing the General Conditions of Sale (hereinafter also GSC for brevity) is stipulated between:
- The Municipality of Sellano, with headquarters in Piazza Vittorio Emanuele III, at number 7 - 06030 Sellano (PG), through its official Web tourist portal https://visitsellano.info, hereinafter for brevity also Organization.
And
- The consumer user, i.e. the natural person or company who purchases the services and/or goods present on the aforementioned official tourist portal, or at the on-site sales points, or through authorized official distributors - hereinafter for brevity also Customer.
Art. 1 - Validity of the contract
This purchase contract is governed by Italian law and interpreted in accordance with this law. It contains the general conditions of sale (GSC) and becomes valid from the moment of successful purchase, i.e. after receipt of payment by the Organization. From that moment the customer will be subject to these General Conditions. By ticking the appropriate box during the purchase phase, the customer also declares to have carefully read the municipal regulation (approved with municipal council resolution no. 84 of 11/29/2023) "Regulations of the Sellano Tibetan Bridge" (hereinafter for brevity also "system") and accepts, unconditionally, all the rules and behavioral rules contained therein. The aforementioned municipal regulation is to be considered an integral part of this contract.
These general conditions of sale apply to all purchases of services and goods present on the Organisation's online sales system, at local sales points or through partners authorized by the organization and purchased by the same person.
Art. 2 Terminology and understanding
All the terms listed below, starting with a capital letter, whether used in the singular or plural, have the following meaning:
2.1 - “Online ticket”: ticket purchased online, consisting of an Order Summary and additional descriptions of various kinds, including the order number and;
2.2 - “Qr-Code”: scannable by the optical readers present in the access control system: The QR Code is the contraction of Quick Response Code, i.e. a rapid response barcode, square in shape, which contains the information that enables the customer to access the IT access control system at the Tibetan Bridge.
2.3 - “Access control systems”: Revolving, cross-type, tripod-type mechanical electronic devices also known as “turnstiles”, mobile or portable barrier devices such as smartphones and tablets. They allow the automated access of one person at a time to the Tibetan bridge, or the entry of a car into a parking area or the use of ancillary services such as the shuttle service; only if the customer is in possession of a valid entry ticket or reservation.
2.4 - “Customer”: any natural person who, on his own behalf, on behalf of a third party or a company, has previously registered on the online sales system, by creating a user account, and there finalizes the purchase of one or more services with a successful payment.
2.5 - “Tibetan Bridge”: engineering work of the type of cableway systems, which connects, by air, the town of Sellano (PG) with the nearby hamlet of Montesanto (PG). The system in question has a total length of 517.5 metres, a maximum height at the highest point equal to 175 meters above the ground, a positive difference in height between two stations equal to +68 meters and 1023 steps are required to cover it apart from. Between one step and the next there is a gap, that is, the floor is not closed. This has been specifically designed to increase the adrenaline factor of the attraction. Be aware and take this technical aspect into account before purchasing the ticket.
At the time of check-in at the access turnstiles, you are assisted by the technical staff, you are put on the technical harness, you are given a short training on the use of the patented safety carabiner (which, once you leave, cannot be detached independently from the lifeline to the finish line, then proceed in single file).
The safety harness is included in the ticket price and is provided by the Organization at check-in at the bridge/other location on site.
2.6 - “Life Line”: steel safety rope that secures all people present on the Tibetan bridge to the safety harness they are wearing and prevents them from accidentally falling.
2.7 - “Safety harness”: wearable aid made of very resistant textile fibers and equipped with a rope safety anchoring system using special carabiner hooks. The safety harness is not suitable for children or people under 130 cm in height; and to larger people with a waist/hip measurement greater than 130 cm and/or an inner thigh measurement greater than 66 cm. These are the size limits allowed by the safety harness. Before purchasing the ticket for yourself or for third parties it is necessary to carry out this preventive technical check (see details in "Sellano Tibetan Bridge Municipal Regulations").
Art. 3 - Responsibility
3.1 - The crossing of the Tibetan Bridge is carried out under the sole responsibility of the customer who indemnifies the Organization from any damage caused to the same, for any cause including negligence or willful misconduct, if not responsibility directly attributable to the second.
3.2 - The Customer, therefore, aware that any conduct or attitude adopted that is not in keeping with the provisions of this General Sales Contract, the Municipal Regulations of the Tibetan Bridge of Sellano and the provisions of the technical staff present at the Facility may cause damage and danger, not only to oneself but also to third parties; read here carefully and by ticking the appropriate box for acceptance of the GCS (see art. 5), declares to assume, in full mental faculties, its own responsibilities and to accept, in full, what is contained therein, indemnifying the Municipality of Sellano ( PG) from any liability whatsoever.
3.3 - The Municipality of Sellano (PG) cannot be held responsible for unforeseeable and/or indirect damages suffered by the customer including, for any reason even if not listed here, loss of earnings, loss of opportunity, loss of customer income, data, any financial and commercial prejudice, commercial reorganization problems, a trip or any immaterial prejudice, delays in entry times due to the many customers present at the facility and so on.
3.4 - The Municipality of Sellano (PG) cannot be held responsible if the failure or poor fulfillment of its obligations under the General Conditions of Sale is attributable 1. to the customer, or 2. to fortuitous circumstances or force majeure.
3.5 - The Municipality of Sellano (PG) cannot guarantee the customer that the facility can fully satisfy his expectations nor that no system error will occur during the online ticket purchase, as there are conditions of variability in the unpredictable system, such as: the quality of the customer's internet connection, network variations, blackouts etc.
3.6 - The Organisation's tourist portal, as per the premise, is accessible 7 days a week and 24 hours a day, subject to temporary stoppage for maintenance or repairs, or in case of force majeure, or any event which is not under the control of the Municipality of Sellano (PG).
3.7 - The responsibility of the Municipality of Sellano (PG) will not be implicated in the case of loss or damage suffered by the customer or third parties following an impossibility 1. of access to the Web portal, 2. or to the internet network, 3. of the means of telecommunications 4. and more generally, due to an event of force majeure, as defined by the jurisprudence of the Italian courts, at the time of the visit to the tourist portal or the digital transaction of an order.
3.8 - The responsibility of the Municipality of Sellano (PG) cannot be implicated for damage resulting from the use of the internet, such as loss of data, intrusion, virus, malware or temporary interruption of service.
3.9 - The Municipality of Sellano (PG) cannot be held responsible for any non-compliant use of the website and/or the online purchasing service for the customer or third parties.
3.10 - In the event that the responsibility of the Municipality of Sellano (PG) is sought due to the customer's failure to comply with one of the General Conditions of Sale, the Municipality of Sellano (PG) may take the customer to court. The customer purchases with mutual awareness and for this reason is to be considered solely responsible for the choice to purchase tickets or goods put up for sale by the Organisation. As a result, the latter will not be held responsible for any malfunction related to the problem between the booking system and the Web.
Art. 4 Methods of purchasing and processing sensitive data
The purchase of tickets, goods and services offered for sale by the Organization can be made through;
4.1 - Online booking system: active on the official tourist portal and reachable at the link: visitsellano.skiperformance.com, involves the first part of the purchasing process, in which the customer consciously chooses the service based on the real availability of bookable places , according to a specific online availability calendar showing the number of places that can actually be booked for a specific date and time slot. The booking is successful and can be considered valid from the moment of successful payment.
4.2 - "E-commerce" online sales system: is governed exclusively by these general contract conditions, in the version in force at the time of purchase. The online sales system reflects all the parameters in force in the processing of sensitive data, in the processing and deletion of data linked to the payment systems used and the international "Secure Sockets Layer" SSL parameters, through the use of a certified banking gateway. Online payment can be made with the payment circuits indicated in the Web shop.
4.3 - On-site booking system: under the same IT system and payment conditions reported in the previous point 4.2. with the difference of the presence of a physical POS and in the presence of an operator, it allows the purchase/booking of the service at a physical point located on site. Booking on site, however, can lead to various disadvantages including: a higher price for the services offered compared to online purchasing and the uncertainty of finding availability of bookable seats, as it is assumed that the customer purchases on site for the same day where you wish to use the services. Due to the quota system that regulates the maximum hourly/daily capacity, during periods of high flow, availability may not be found.
4.4 - Booking through official partner networks: these are official sales points authorized by the Organization (usually travel agencies or specialized tour operators located throughout the country). They operate under the same conditions reported in point 4.1. that is, with online booking and presale based on the actual availability of the daily quota.
The official list of authorized sales partners, if any, can be consulted on the official tourist portal or can be requested by sending a written request.
4.5 - Careless purchase, illicit sale and penal code: for the purposes set out above, the entry ticket cannot be resold for profit, exchanged, transferred or delivered for commercial, advertising or promotional purposes (by way of example, but not limited to : prizes following competitions, charity sales, etc.) without having obtained the prior written consent of the Municipality of Sellano (PG) through the Area responsible for the promotion.
The customer who resells illegally for profit commits the crime of "touting", like the third party user who purchases from unofficial sources without first having ascertained their legitimate origin which, due to their quality or the condition of the person offering them or for the amount of the price, there is reason to suspect that they come from a crime or illicit sale, commits the crime of careless purchase.
The customer who resells illicitly or the careless buyer indemnifies, in fact, the Municipality of Sellano (PG) from any liability or dispute that may arise due to the careless purchase or illicit sale, in accordance with the provisions of the Security Decree-bis (Legislative Decree 14 June 2019, n. 53), by art. 712 c.p. and the specific laws in force on the matter.
Art. 5 - Acceptance of the General Conditions of Sale
By "checking" the appropriate "Confirm" box at the end of the online purchase procedure, the customer declares to have carefully read and accepted, without reservation, all the General Conditions of Sale of this contract and to indemnify the Municipality of Sellano (PG) from any direct or indirect responsibility, if not directly attributable to it.
Art. 6 - Payment Methods
6.1 - Online payment is made exclusively via Credit or Debit Cards, in the types and methods as indicated by the system. After accepting the order, the customer is redirected to an electronic payment gateway (a certified banking circuit) on which to make the online payment for the order via credit circuits enabled according to the most modern SSL security standards.
6.2 - The purchase definitively takes value from the moment the customer confirms the payment and the same is accepted by the banking gateway. In case of rejection of the payment by the payment body, the purchase transaction is automatically canceled and the purchase must be considered unsuccessful.
6.3 - After confirmation of payment, any cancellation or modification by the customer will no longer be possible.
6.4 - The proof of purchase corresponds with the issuing of the order, i.e. of the digital title purchased if it is the entrance ticket. In this case, the customer will receive, within a short time, an email confirming the purchase. The email contains the PDF document called Order Confirmation \ Order Confirmation Receipt composed of a first summary sheet of the Order and a number of sheets showing the order number and one or more QR CODEs (based on the number of tickets purchased - one for each individual user) readable by the optical readers of the electronic access control system at the Sellano Tibetan Bridge.
For this reason it is essential to assume that the customer, when registering for the first time on the online sales system, provides a valid and currently used email address.
6.5 - The customer agrees to indemnify the Organization from any omission of service or liability or malfunction if caused by the former, due to incompetence or for any cause not directly attributable to or under the control of the latter.
Art. 7 - Validity of the Ticket
7.1 - With payment, the customer declares that he has full capacity to act and that the personal data provided by him are authentic and correct.
7.2 - The purchase contract assumes full validity and legal value from the moment of payment and is valid until the date of validity of the ticket, as shown on the same or on the attached documentation, however clearly indicated during the purchase phase, whether the same on a “closed” or “open” date (see art. 8).
7.3 - The purchase of the ticket online or on site cannot be combined with other ongoing commercial initiatives, with the exception of the purchase of a specific cumulative ticket which includes multiple package services (e.g.: bridge entrance + shuttle service) , promotions or discounts specifically created to be usable exclusively online or expressly declared clearly by specific commercial communications and exclusively offered through its official web and social media channels.
7.4 - The Organization may refuse access to the facility to any ticket holder who may turn out to have been purchased illicitly through unofficial channels, as defined in point 4.5.
Art. 8 - Fixed or "closed" date ticket and "open" date ticket
Tickets can be purchased online or on site. The type of "ordinary" ticket for the Tibetan bridge is a fixed or "closed" date ticket. However, there is also a type of "open" date ticket: the gift ticket or "Gift card".
8.1 - “Fixed or Closed Date Ticket”: is the ordinary entry ticket purchased online or on site, usable exclusively on the day and only for the time slot selected by the customer during purchase via the “Calendar” available in the booking system. online sale on the official tourist portal, or issued by the on-site sales point.
Once issued, this entrance ticket cannot be modified, i.e. it is not possible to change the date or time slot; not even by system operators. For this reason, it is important to pay close attention when purchasing.
The ticket is unique, that is, each QR CODE allows entry to only one person, only on the date and time slot selected during purchase.
By purchasing online, the customer has the right to select, in advance, based on the actual availability of the specific quota for the day/time slot. However, in periods of great influx and subject to a high flow of bookings, it may not be possible to find the availability as desired. For this reason, we recommend booking well in advance, if allowed by the system.
8.2 - "On-site booking": i.e. at a local point of sale, being a type of sale not subject to online pre-sale, it is subject to the real daily availability and time slots on the remainder of bookings made online linked to the maximum daily capacity of tickets salable. It should therefore be assumed that the choice to purchase the ticket on site does not guarantee that there will be real availability of seats, especially in high season. Once the ticket has been READ by the optical reader at the Tibetan Bridge and you have passed through the turnstile, it is considered used. The access control system will deny any second attempt. This implies that the visitor customer can use it, on the same day, in the specific time slot and then the ticket will no longer be valid.
8.3 - The "open" date ticket: specifically it is the gift ticket or "Gift card", (the same type can also be used for particular seasonal promotions), provides the possibility for the user to receive from the customer, made the purchaser of the entry ticket, who in turn sends it to the user as a "voucher", a free entry. Once the user has received the gift voucher via email via the online sales system, he has a certain period of time (usually 6 months) to convert it into a booking and enjoy the service before it expires. Entry booking always takes place via the online sales system, via a link received in the initial email, interacting with the availability calendar on the online booking system. Once you have chosen the available date and time slot and click on "book" it will become, for all intents and purposes, a "closed" fixed date ticket and it will no longer be possible to make changes or changes.
8.4 - the gift voucher DOES NOT include the shuttle service! As the recipient has 180 days to convert it into a reservation and the shuttle service may not be active on the chosen day.
Art. 9 - Rates, types of tickets and other services
Prices and types of tickets: prices are indicated in Euros (€) and are inclusive of taxes and duties. The prices are to be understood as those of the products as present and bookable/sold, exclusively, from the online sales system of the official tourist portal https://visitsellano.skiperformance.com and/or from any authorized official partners.
Art. 10 - Shuttle service
10.1 - is carried out with vehicles made available by the Organization, or by third-party contracting operators with vehicles with a loading capacity of 9 or 18 seats and is to be understood as an optional service to the Tibetan Bridge, which is optional there. That is, the customer has the right to decide whether to use this service, by purchasing a travel ticket, if the same service is active in the period of interest.
10.2 - The shuttle service transports people following the purchase of a travel ticket and connects the hamlet of Montesanto (PG) and the town of Sellano (PG), or vice versa, according to certain times of the day and in specific months of the year.
10.3 - If the service is active, on the online sales system, or at the local ticket office, it will be possible to purchase the ticket, in combination at the entrance to the Tibetan Bridge, or individually.
10.4 - With regards to the previous paragraph, the customer acknowledges and accepts that if the service cannot be purchased online or on site, it must be understood as a service not available/usable.
10.5 - The Ticket is valid only for n. 1 (one) single trip, only for the route selected during the purchase: Montesanto (PG) > Sellano (PG), or vice versa.
10.6 - The validity date, selected during the purchase phase, is printed on the travel ticket. It will be mandatory to show the travel document to the driver on duty before accessing the vehicle, which will be checked and validated electronically by the driver using a scanner reader. Failure to possess a travel document does not give the right to use the service.
10.7 - The travel ticket does not entitle you to a reserved seat, it will therefore be necessary to take a place in the queue at the indicated bus stops, waiting for the arrival of the vehicle. The vehicle may have a maximum transport capacity of 9, 18 people/hour or more, based on the seasonality of use of the service.
10.8 - The travel ticket cannot be purchased on board the vehicles, but exclusively online, or at the local ticket office, subject to availability.
Art. 11 - Withdrawal and Refund
According to the provisions of the law, the Customer does not have the right to withdraw from the Contract for the purchase of the ticket in electronic format, nor to demand reimbursement of the ticket, as this is a contract for the supply of services relating to free time referred to in the art. 59 paragraph 1 letter. n) of the Consumer Code (Legislative Decree 206/2005 as amended by Legislative Decree 21/2014).
11.1 - The refund is not payable, either in whole or in part, in the event of voluntary cancellation or voluntary failure to show up at the facility by the Customer for the booked day. This regardless of the causes and subjective motivations of the Customer. The ticket not used by one's own choice, due to delays or for any reason not directly attributable to the Organization is to be considered lost.
11.2 - Given the above, among the reasons for reimbursement, those linked to atmospheric events are excluded: thunderstorms, strong winds, snow, hail, ice etc.
11.3 - If the lift is open it means that it is passable. Temporary closures during the day due to significant weather events may occur, but cannot be a reason for a refund. If conditions permit, after a temporary closure of the facility, the normal flow of access will resume for the people present and waiting.
11.4 - An extension of the validity of the ticket or a refund (at the discretion of the Organization) could be contemplated only in exceptional cases and for customers already booked, in the event that the facility were to close suddenly for reasons directly attributable to the system infrastructure, or public safety (non-atmospheric), or in the event that a safety problem arises linked to an extraordinary and urgent, unscheduled maintenance intervention.
Art. 12 - Compliance with general rules and safety standards
The customer has the obligation to inform himself independently and in advance about the safety rules and provisions in force for the Sellano Tibetan Bridge, the access rules and the rules relating to visiting and traveling around the facility.
12.1 - The customer is aware that, if the regulation is not respected, or if he adopts any behavior that could cause damage to himself or third parties, he will be denied access to the facility, without any financial compensation.
12.2 - Extensions to the regulations may be published on the tourist portal or may be present directly on the attachments sent to the customer when purchasing the ticket.
12.3 - The applicable general conditions of sale are those in force on the online sales system on the date of purchase of the ticket.
12.4 - The Organization reserves the right to modify or adapt, at any time, these General Conditions of Sale, and to any extent provided for by the relevant laws in force, without notice.
Art. 13 - General rules for access to the Tibetan Bridge
As provided in the art. 1, it is essential to assume that there are general rules and behavioral norms that must be known and must be adhered to, which condition the Organization's ability to allow, or prevent, access to the Tibetan Bridge.
13.1 - The customer in possession of the ticket, at the time of acceptance of the GCS, declares to have carefully read not only this general sales contract, but also the municipal regulations (approved with municipal council resolution no. 84 of 29/11/ 2023) "Regulations of the Sellano Tibetan Bridge" and to accept, unconditionally, all the rules and behavioral rules contained therein.
13.2 - The aforementioned municipal regulation is to be understood as an integral part of this contract and contains all the rules and regulations, constraints, and psychophysical requirements, which a customer must possess and which he must comply with, before purchasing the ticket, that when accessing the facility called the Sellano Tibetan Bridge.
Art. 14 - Informed consent “Privacy”
Regulation (EU) 2016/679 on the protection of personal data establishes the rules relating to the protection of natural persons with regard to the processing of personal data, as well as rules relating to the free movement of such data and protects the fundamental rights and freedoms of natural persons, with particular reference to the right to protection of personal data. By flagging the appropriate checkbox at the end of the online purchase process, the user declares to have carefully read the extensive information on Privacy.
Art. 15 - Competent court
For any dispute that may arise between the parties, the competent court is that of Spoleto in the Province of Perugia, Italy.
release: 03.15.2024