TERMS & CONDITIONS
GENERAL TERMS AND CONDITIONS FOR ONLINE SALES - ACCOMMODATION
The general conditions described below, and the information provided in the email sent to confirm the booking, are applicable to distance selling through the website accessible at the URL www.gardalandholidays.it (hereinafter the “Website”) of accommodation (hereinafter the “Service” or “Accommodation”).
Specifically, the offer and sale of accommodation alone through the website gardalandholiday.it constitute a distance selling contract governed by Legislative Decree no. 206 of 2005 (the "Consumer Law") in Chapter I, Title III, as amended by Legislative Decree 21/2014 and Legislative Decree no. 70 of 2003, the electronic commerce regulation (also known as the “E-Commerce Directive”). Given that contracts for the transport service or accommodation alone, or any other separate holiday service, cannot be considered as a contract for travel arrangements or a holiday package, the protections provided in favour of travellers by European Legislative Decree 2015/2302 are not applicable.
1.1 The following definitions apply to these general conditions (where a singular term shall be construed to mean the plural or vice versa):
a) GARDALAND S.R.L.: is a company (hereinafter also "Gardaland") that operates in the entertainment sector and which manages, among other things, the "Gardaland" Amusement Park (hereinafter also referred to as the "Park"), three hotels (Gardaland Hotel, Gardaland Adventure Hotel and Gardaland Magic Hotel) and the "Sea Life" Aquarium located in the municipalities of Castelnuovo del Garda (VR) and Lazise (VR);
b) INCOMING GARDALAND SRL: is a company (hereinafter Incoming) VAT reg. no.: 02418240236 Via Vivaldi, 7 - 37014 Castelnuovo del Garda (VR), that manages the sale and bookings of accommodation on the Website;
c) CUSTOMER: a natural or legal person who purchases the services on the Gardaland Website at these general sales conditions;
d) DISTANCE SELLING CONTRACT: the contract for the accommodation offered to the consumer or operator on the Website according to a distance selling method without the physical presence of Incoming Gardaland S.r.l. and the consumer, using only remote communications tools through to the conclusion of the contract.
e) THE PARTIES: Incoming Gardaland S.r.l. and the Customer;
f) WEBSITE: means the website gardalandholidays.it owned by Incoming Gardaland srl and managed by the same, namely the only website on which a distance selling contract may be executed with the company;
2. INFORMATION FOR THE CUSTOMER
2.1 Providing the following information is considered to be obligatory if the distance selling contract is stipulated between Incoming Gardaland S.r.l. and a Customer, pursuant to article 49 of the Consumer Code.
2.2 The details, registered office and head office and the address of Incoming Gardaland S.r.l. namely the company that manages the sale of specific services offered on the Website from a technical point of view, are the following:
INCOMING GARDALAND SRL
Registered Office: Via Vivaldi, 7 - 37014 Castelnuovo del Garda (VR)
Head office: Via Palù, 1 – 37014 Castelnuovo del Garda
Share Capital: EUR 66,560.00 fully paid-up
VAT reg. no.: 02418240236
Tel. (+39) 045 64 04 000
2.3 The Customer should send any claims to the head office.
2.4 The different types of Services are displayed directly on the Website. The Customer may view the Services before making the purchase.
2.5 Gardaland reserves the right to modify/upgrade the information and prices of the Services without prior notice. Should the price of services of the same kind be decreased by Incoming after the purchase has been made by the Customer, no refund will be due for the difference in price paid. These General Terms and Conditions of Sale may be modified at any time. Modifications will go into force as from the time they are published in the “Terms & Conditions” section of the Website. Customers are therefore advised to regularly access the Website, above all before making a purchase, to view the most up-to-date version of the General Conditions of Sale.
2.6 The following information will be provided for each Service selected:
2) Duration and characteristics of the Accommodation (period of execution)
3) Payment method and execution of the purchase contract
4) How to contact Gardaland S.r.l.
2.7 Customers should submit claims to the Hotel or Incoming for inadequate services or non-performance of the accommodation purchase contract without delay, and in any case within 10 working days from the date of returning to place of departure. Incoming will respond to the claim by e-mail and/or phone within no more than 5 business days from the date in which the claim is received.
3. EXECUTION OF THE CONTRACT
3.1 The accommodation service may be offered separately from the Holiday Package (article 34 of Legislative Decree No. 79 of 23 May 2011).
3.2 Please refer to the information provided during the booking process that will be confirmed when payment is made.
• are indicated in Euro inclusive of VAT, and are valid at the time of purchase.
Gardaland Srl hotels apply a tourist tax of € 1.65 per person a day, for up to no more than 20 consecutive nights. The above tourist tax is not applicable to: children up to 12 years of age inclusive, disabled persons and their companions, patients undergoing treatment at hospitals in the municipality and no more than 2 companions per patient, coach drivers and members of the State, Provincial and Local Police Force and National Firefighters Corps.
When making the booking, the traveller may include the “Cancellation Protection” option at a cost of EUR 30.00, which covers cancellation of the booking up to 7 days before the arrival date; to obtain refund the traveller should send an e-mail to the Booking Office on: email@example.com. The Cancellation Protection fee is not refundable and is therefore in any case payable. If the booking is cancelled after this date, the conditions specified by clause 9 hereunder will be applied.
The comfort level assigned to hotels offered on the Website is a description based on local standards in the respective country.
USE OF ROOMS
Customers are reminded that as a rule rooms will be available as from 3:00 p.m. and should be vacated by 11:00 a.m., regardless of the time of arrival or departure or the method of transport used.
DOCUMENTS REQUIRED AT CHECK-IN
Travellers should have:
No refund will be made for meals not taken by the Customer.
4. PURCHASES ON THE WEBSITE - Bookings
4.1 In order to complete the Accommodation booking on the Website, the Customer should fill in the electronic order form that will be submitted directly to Incoming after completing the step-by-step procedure on the website.
4.2 Before sending the form, the Customer will be asked to confirm the accuracy of the data entered and any errors may be corrected. Should the system detect errors or omissions in the mandatory fields of the form, the Customer will receive a message asking it to fill in the required fields.
4.3 The Customer should ensure that the data entered in the different steps of the booking procedure are complete and correct, and that all the parties have confirmed that they are aware of and accept these General Conditions.
4.4 The Customer may now make the payment as described by clause 5 hereunder.
4.5 The order form will be used by Incoming only to complete the purchase procedure and will be stored in a database.
5. PAYMENT – CONFIRMATION OF THE PURCHASE
5.1 For purchases completed directly on the Website, the total amount should be paid when the booking is made, by Visa, MasterCard, American Express, Diners or Paypal ™.
5.2 The total amount due will be debited with the payment method selected when the payment procedure is completed.
5.3 If the payment authorisation is denied, Incoming will be unable to confirm the purchase and shall not be liable for any delay or unsuccessful completion of the booking.
5.4 Once the transaction has been completed, the Customer will receive, within no more than 24 hours, confirmation that payment has been made and Incoming will send the Customer an e-mail containing a personal confirmation voucher of the purchase giving a description of the Accommodation, the price, the payment method and a summary of the general conditions together with a link on which the above information may be viewed and printed.
5.5 It should be noted that the voucher is personal, and may not be duplicated or transferred (except as provided by clause 6.4 hereunder).
5.6 The Customer should check the documents it receives once the booking has been completed and, in the case of errors, should immediately contact the Booking Center on: firstname.lastname@example.org.
5.7 The contract may be executed in Italian, English, German, French and Russian.
5.8 Only persons over the age of 18 who declare to be in full possession of their faculties, may purchase Services from the Website.
5.9 Incoming reserves the right to refuse or cancel orders made by (i) a user with whom a litigation proceeding is pending; (ii) a user who has previously violated these General Conditions and/or the conditions and/or terms of the Contract; (iii) a user who has been involved in fraud of any kind and, in particular, fraud relating to credit card payments, or ticket touting; (iv) a user who has issued false, fictitious, incomplete or otherwise inexact or in any case misleading identification details or the details of third parties or who do not send Incoming the documents requested during the payment procedure, or send invalid documents.
6. MODIFICATIONS OR CANCELLATION AFTER THE ACCOMMODATION HAS BEEN PURCHASED
6.1 Customers who wish to modify services that have already been confirmed should immediately contact the Booking Office on: email@example.com or call +39 045 64 04 000.
The terms to modify or cancel the booking vary according to the type of accommodation purchased. Reservations may be modified or cancelled only if during the purchase it is specified that this is permitted and only at the conditions established for the relevant booking as specified both during the purchase procedure and in the e-mail sent to confirm the booking.
6.2 If modifications are accepted, a fee of EUR 20,00 per booking will be applied for modifications to cover the paperwork by Incoming.
6.3 If the Customer does not check-in on the first night booked but intends to check-in after this date, it should confirm the modifications to the booking no later than the first date of arrival originally booked to ensure that the booking is not cancelled. If the Customer does not confirm the modifications to the booking to Incoming, the complete booking may be cancelled, without refund to the Customer.
6.4 The Customer may transfer the booking to a third party (hereinafter also referred to as the "transferee") who meets all the conditions for the use of the service, with written notice to Incoming within 4 business days before the departure together with the full details of the transferee. The original customer and the transferee are in any case jointly liable for payment of the Service, including the modification fee.
6.5 Modifications should be confirmed by Incoming in writing, failing which the original booking is intended as unchanged.
7. RESTRICTIONS AND LIABILITY
7.1 The Customer acknowledges and accepts that should there be any interruption or suspension of the Website, for any reason, Incoming shall in no way be liable to the purchaser and/or third parties for non-use of the Website, whose continuity it does not guarantee; consequently, the Customer acknowledges and agrees that it shall not have the right to file any claim against Incoming for indemnification and/or of compensation for damages.
7.2 The Vouchers may not be used as prizes, within or outside the scope of application of Presidential Decree 430/2001, or of other prize-giving or promotional initiatives (such as, competitions or lotteries), except in the case of explicit prior written consent by Incoming. The Customer declares that it will not use the Vouchers in breach of these provisions and undertakes to indemnify and hold Incoming and Gardaland harmless from any damage caused by any breach of this guarantee.
8. FORCE MAJEURE
8.1 The Parties shall in any case not be liable to the other party for any losses, damage or delays caused by strikes, labour unrest, lockouts, unforeseeable circumstances, fire, regulatory compliance and legal provisions, government orders or regulations, insurrection, state of war or similar acts, natural forces, force majeure embargoes or any other circumstances beyond its reasonable control.
9. NO RIGHT OF CANCELLATION
9.1 Pursuant to the combined provisions of articles 47 (g) and 59 paragraph 1 (n) of the Consumer Code, the right of cancellation provided by articles 52 et sequitur of the Consumer Code does not apply. The Customer can therefore not exercise the right to cancel the accommodation purchased.
10. ADDITIONAL SERVICES – HOLIDAY PACKAGE
10.1 The Customer may decide to select additional services before completing the accommodation purchase procedure. If the additional services are “not ancillary to the transport or accommodation provided by article 36, which constitute, in terms of satisfying the recreational needs of the tourist, a significant part of the holiday package" and represent “a part equal to or greater than 25% of the value of the combination” (articles 32-51 novies of Legislative Decree No. 79 of 23 May 2011) we ask you to read the information relevant to holiday packages on the following link: https://booking.gardaland.it/booking/about-gardaland/terms-conditions.html.
Obligatory communication pursuant to article 17 of law no. 38/2006 - Italian law punishes crimes involving prostitution and child pornography with imprisonment, even if the crime is committed abroad.