General Terms and Conditions of Contract - (Version July 2016)
1. Subject matter
These General Terms and Conditions of Contract ("T&C") govern the distance selling and, where applicable and not otherwise derogated, the on-premises sale of tickets for national and international events and/or cultural and sports entertainment, performed by TicketOne S.p.A. on behalf of the event promoter, as well as the contract for the supply of services, necessary and ancillary to the sale of such tickets, provided by TicketOne S.p.A.
2. Definitions
The following definitions shall apply to these T&C, provided that the definitions in plural will apply to the relevant singular term and vice versa:
TicketOne Application or APP means applications for mobile devices ascribable to TicketOne that allow the purchase of Tickets.
Consumer Code:means the Italian Legislative Decree of 6th September 2005, No. 206.
Consumer: means the Customer who is a natural person and acts for purposes which are outside his trade, business, craft or profession.
TicketOne Services Contract: means the contract entered into by and between TicketOne and the Customer and which scope is the supply of TicketOne Services, governed by these T&C and by the information provided on the Website, before the conclusion of the contract, also pursuant to Articles 49 et seq. of the Consumer Code.
Purchase Contract: means the contract entered into by and between the Promoter and the Customer, as the result of the supply of TicketOne Services, and which scope is the purchase of the Ticket, governed by these T&C and by the information provided on the Website, before the conclusion of the contract, also pursuant to Articles 49 et seq. of the Consumer Code.
Customer: means the person who, through TicketOne Services, purchases the Ticket from the Promoter, by distance sale - through the Website, through the App or by telephone, or on-premises, at TicketOne Outlet.
Contract: means the TicketOne Services Contract and the Purchase Contract.
Event: indicates the event, the show or the representation which the Ticket Holder has the right to access.
Festival means the Event in which the performance of several artists in the same context is expected.
Event Venue: means the set of buildings and grounds where a specific Event takes place.
Promoter: means the subject Promoter of the Event, in whose name and on whose behalf TicketOne acts, whose identification data are indicated in the "Tickets / Information on ticket selection" section of the Website as well as in the Shopping Cart and in the Order Recap as defined in art. 9.1 of the T&C.
Ticket Holder: means the person who legally and in compliance to these T&C holds a Ticket purchased by the Customer.
TicketOne Outlet: indicates the sales network affiliated with TicketOne.
Website means the website ticketone.it, owned and operated by TicketOne.
TicketOne indicates TicketOne S.p.A., a company limited by shares, which is leader in Italy in providing ticketing, marketing, information and e-commerce services for shows, sports and culture, with registered office in Via Fabio Filzi 29-20124 Milan (Italy); tel. + 39-02-392261; Fax + 39-02-3922670, who acts in the name and on behalf of the Promoter under the Purchase Contract and acts in its own name under the Services Contract.
Ticket: means the document, even in digital format, issued by TicketOne that legitimizes the Ticket Holder to access to the Event Venue.
TicketOne Services means the services provided by TicketOne in connection with the Purchase Contract of the Tickets, which scope is the booking of the Ticket, the delivery or any other way of making the Ticket available to the Customer as well as other ancillary services related to the sale of the Tickets, when required by the Customer, but excluding, in any case, the supply of the service corresponding to the Event, which is the exclusive competence and responsibility of the Promoter.
3. Scope
3.1 The offer and sale on the Website of Tickets and TicketOne Services represent a distance sales contract governed by Chapter I, Title III (Articles 45 et seq.) of the Consumer Code and by Legislative Decree of 9th April 2003, No. 70 on electronic commerce.
3.2 These T&C may be amended at any time. Any changes will be effective from their publication on the Website in the "Terms and conditions" section, present in the footer of every page of the Website. Users are therefore invited to access the Website on a regular basis and, prior to any purchase, to read the latest version of the T&C.
3.3 The applicable T&C are those in force on the date on which an order for the purchase of a Ticket is placed. Before entering into the Contract, the user shall carefully read all the information that TicketOne provides on the Website, both before and during the purchase procedure, and to examine and to approve these T&C, by selecting the relevant box available to the user during the purchase procedure and before the conclusion of the Contract.
3.4 These T&C do not regulate the sale of products and/or the supply of services by parties other than TicketOne, which may be available on the Website through links, banners or other hyperlinks. Before engaging in commercial transactions with these parties it is necessary to check their conditions of sale. TicketOne is not liable for the supply of services and/or for the sale of products by these parties. TicketOne does not carry out any checks and/or monitoring of the websites accessible through such links. Therefore, TicketOne is not responsible for the contents of such websites or for any possible mistakes and/or omissions and/or legal violations by said websites.
4. Purchase on the Website
4.1 The purchase of Tickets on the Website is subject to the registration with the Website according to the procedures set forth by Art. 5 below and is allowed both to users who act in their capacity of Consumers and to users who do not act in such capacity. Natural persons are allowed to make a purchase only if they are at least 18 years old.
4.2 TicketOne reserves the right to refuse or cancel orders placed by (i) a user with whom the company has an ongoing legal dispute; (ii) a user who has previously violated these T&C and/or conditions and/or the terms of the Contract; (iii) a user who has been involved in any type of fraud and, in particular, in fraud related to credit card payments; (iv) users who have provided false, incomplete or inaccurate identification data and/or in any way untrue or referred to third persons or who have not promptly sent to TicketOne the requested documents in relation to the procedure set forth by Articles 11.1.2 and 11.1.3 below or who have sent invalid documents; (v) a user who has violated the prohibition set forth by Art. 5.2 below.
5. Registration within the Website
5.1 Registration within the Website is free. To register within the Website and create the related account, the user must fill out the relevant form, by entering the required personal data, in addition to an e-mail address and a password, and by clicking on the “REGISTER NOW” button. The user is absolutely and strictly prohibited from entering, for the purpose of the registration within the Website, personal data of third parties, data which are false, fictional, fantasy, and/or untruthful in any way.
5.2 Each user can avail himself/herself of only one registration with the Website. Therefore, the user is absolutely and strictly prohibited from creating multiple accounts on the Website related to the same natural and/or legal person, and/or company and/or entities of any kind, also through the use of truthful data. In case of breach of this prohibition, without prejudice to Art. 4.2 above, TicketOne reserves the right to cancel all the accounts referring to the same natural and/or legal person, and/or company and/or entities of any kind. The user also undertakes to indemnify and hold TicketOne harmless from and against any losses, damages, and/or liabilities arising from and/or in any way connected to the breach by the user of the prohibition set forth by this Art. 5.2.
5.3 The registration within the Website enables the user, through the confidential and personal account, named "My TicketOne", to carry out - inter alia - the following activities:
- Check the status of recent orders and view the archive of all orders placed;
- Manage his/her personal data and update them at any time;
- Change his/her own password;
- Manage the subscription to the "Newsletter" and/or "ticket alert";
- Take advantage of dedicated services that can be activated from time to time by TicketOne.
5.4 The registration credentials (e-mail address and password) enable the user to make purchases on the Website and to carry out, inter alia, the activities under Art. 5.3 above. Therefore, they shall be preserved with extreme care and attention. Moreover, they can only be used by the user and cannot be transferred to third parties. The user hereby undertakes to keep them secret and to ensure that no third party gains access to them. The user also undertakes to immediately inform TicketOne, through the contact details indicated at Art. 19 below, if he/she has suspicion or becomes aware of any illegal use or inappropriate disclosure of the said data.
5.5 The user hereby guarantees that the personal data provided to TicketOne, during the registration procedure within the Website or in any other moment and/or occasion within his/her relationship with TicketOne, are complete, truthful and can only be referred to the user himself/herself and undertakes to indemnify and hold TicketOne harmless against any losses, damages, and/or liabilities arising from and/or in any way connected to the breach by the user of the warranty referred to in this article and/or the breach of the rules concerning the registration within the Website, and/or the storage of his/her registration credentials.
6. Information required for entering into the contract
6.1 In accordance with Legislative Decree of 9th April 2003, No. 70 containing provisions related to electronic commerce, TicketOne informs the user that:
1. to conclude a purchase contract for a Ticket on the Website, the user must fill out an order form in electronic format and send it to TicketOne electronically, following the instructions that will appear from time to time on the Website; 2. where applicable, the placement of the order form must be completed within the maximum time indicated on the Website;
3. the contract is concluded when the order form reaches the server of TicketOne;
4. before submitting the order form, the user will be able to identify and correct any possible errors in the inserted data, by following the instructions on the Website in the different phases of the purchase;
5. once the order form has been submitted, TicketOne will send to the Customer, at the indicated e-mail address, the confirmation of the order, containing the following: a summary of the general and specific terms and conditions applicable to the contract, the main information regarding the purchased Ticket, a detailed indication of the price, of the payment method used, of the delivery expenses and any other additional charges, of the delivery term, as well as the contact information of the Customer Service, which the user can contact for requesting assistance and/or filing complaints. The order confirmation e-mail, which contains a link to the T&C, provides confirmation of the contract concluded on a durable medium pursuant to Art. 51, para. 7 of the Consumer Code; the Customer acknowledges and agrees that, once this e-mail has been sent, TicketOne has fulfilled their documentation obligations and that, therefore, the Customer is bound by the Contract and, in particular, he/she is required to pay the Total Amount, regardless of the receipt of the order confirmation e-mail, which depends on third parties and/or factors that are outside the control of TicketOne (e.g. the e-mail provider that the user utilizes);
6. the order form will be filed in the database of TicketOne for the time required for its performance and, in any case, pursuant to the terms set forth by law. The user can access the order form and/or the data relating to the same through his/her personal account called "My TicketOne".
6.2 The languages available to users for the conclusion of the Contract are Italian and English. Customer Service is able to communicate with users in the same languages.
7. Tickets Availability
7.1 In relation to the Tickets that may be purchased through the Website, TicketOne informs and the user acknowledges and agrees that, in relation to certain kind of Event, such as, for example, musical Events:
a) the allotment of Tickets purchasable through the Website is entirely determined by the Promoter who establishes the number, price and category of Tickets that shall be offered for sale on the Website, and also establishes whether the number of Tickets purchasable by users on the Website through their relevant account can be unlimited or whether there is a maximum number of Tickets that may be purchased by each account and, if so, the Promoter indicates such number;
b) the allotment may also be increased in consideration of the further availability of Tickets that the Promoter notifies to TicketOne;
c) the Promoter, at its discretion, may also ask TicketOne to offer for sale a certain number of Tickets (of the category and at the price indicated by the Promoter) to some predetermined cluster of users (e.g. enrolled in the fan club or the artist's official website; holders of a specific credit card) at an earlier date (i.e. the day before) or at the same date of the opening of sales to all those who do not belong to this category; the circumstance can be advertised by the Promoter;
d) Tickets corresponding to the category where the statement "Not available” is shown in the page “Tickets” of the Website, which the user accesses after choosing the date of the Event, cannot be purchased;
e) Tickets corresponding to the category where the statement "Not available” is not shown in the page “Tickets” of the Website, which the user accesses after choosing the date of the Event, can be added to the Shopping Cart, by clicking on the button “ADD TO THE SHOPPING CART”, but they can be purchased only provided that the condition under letter (i) below occurs;
f) a plurality of users may simultaneously attempt to make the purchase of the same category of Tickets in relation to the same Event ("Same Ticket");
g) the click on the button “ADD TO THE SHOPPING CART” generates a request to TicketOne server (“Server");
h) all requests to the Server generated by clicks on the button “ADD TO SHOPPING CART" and related to the Same Ticket are processed in chronological order, according to the time of arrival of the request to the Server;
i) the purchase of the category of Tickets selected by the user, by clicking on the button "ADD TO SHOPPING CART" may, therefore, take place only if, when the request generated by the click of that button is received by the Server, there is still availability of the requested category of Tickets, taking into account the actions carried out by other users whose request relating to the Same Ticket reached the Server prior to the request of the user;
j) the fact that, within the same allotment, a category of Tickets that was previously visualized by the user as "Not available" is then visualized by the user as purchasable, by clicking on the shopping cart button, depends on the actions of users who put the Same Ticket into the shopping cart and did not complete the purchase (e.g. because they spontaneously abandoned the shopping cart or because of the expiry of the maximum time available to complete the purchase, during which the Ticket is reserved to the user who put it in the shopping cart, or because the transaction was not successful); in this case, in fact, the system offers the Ticket - for which the purchase procedure has not been completed - for sale again, according to the above outlined rules.
8. Information about the Tickets
8.1 The categories of Tickets in relation to each Event and/or to each date of the Event are described in the "Tickets" page of each Event. Where applicable, the seat selection, within the desired category, may be carried out either using the "Best seat booking" function or the "Booking based on seating" function. In the first case, the user chooses the category and the number of desired seats and the Server allocates to the user the seats that, at the moment of the request, and within the allotment reserved to TicketOne, are the best among those available within the selected category. In the second case, the user visualizes a seatmap of the Event Venue and he/she directly chooses which seats to select amongst those indicated as available on the map. The specific Ticket or Tickets that the user will add to the shopping cart and possibly purchase, by clicking on the relevant buttons, will then be those resulting from the above described mechanisms of allocation or selection. All information on the specific Tickets assigned and/or selected (e.g. sector, area; row; seat number) are provided to the user immediately after the allocation and/or selection, during the entire purchase procedure and in particular in the order recap as well as in case of conclusion of the Contract, in the order confirmation. The user, at any time before the conclusion of the Contract, can, however, change the seats that have been assigned or selected.
8.2 Since TicketOne is not an exclusive distribution network nor is the subject managing the sale decisions about a specific Event, it is not responsible for the categories of seats offered for sale by the Promoter and therefore it cannot guarantee that the Tickets offered for sale through the Website are in fact, with respect for each category, the absolute best available seats at the time of purchase by the Customer or that the best seats are not offered for sale by the Promoter at a later moment.
9. Tickets Price, Service Fees, Additional Charges, Total Amount
9.1 The price of the Tickets, decided by the Promoter and inclusive of any presale fees established and applied by the Promoter himself (“Presale Fee”), is indicated on the Website in relation to each category of Tickets on the "Tickets" page related to each Event (“Tickets Price” or “Price”). The Price is also listed on the Ticket. The user may find more information about the price details, by clicking on the link placed in the "Information on Ticket Selection" section in the “Tickets” page of each Event that the user access after choosing the date of the Event. The separate indication of the Price and the Presale Fee is also present in the page that the user visualizes immediately after clicking the button "ADD TO SHOPPING CART" (“Shopping Cart”) and in the order confirmation e-mail. The Tickets Price does not include Service Fees and any Additional Charges, better defined in Articles 9.3 and 9.4 below, which are, however, specifically indicated during the purchase procedure and, in particular, in the order recap that the user visualizes before the conclusion of the Contract (“Order Recap”), together with the total amount which the user is required to pay in relation to a specific order and which consists of the Tickets Price in addition to the Service Fees and any Additional Charges (“Total Amount”).
9.2The Ticket Price, established by the Promoter and indicated on the Website in relation to each category of Tickets in the “Tickets” page of each Event, is the last price notified to TicketOne by the Promoter. The Promoter reserves the right to change the Tickets Price at any time, provided that in the case of purchase through the Website the price that will be charged to the user will be the one indicated on the Website in the “Tickets” page of each Event and in the Order Recap and will not take into account any changes (either increasing or decreasing) following the order placement. In particular, if the Promoter applies a lower price to the Tickets of the same category or with reference to Events to be hold in a particular date, following the purchase by the Customer, the latter will not be granted any right to claim the refund of the price difference.
9.3 TicketOne applies service fees on every sales transaction and as remuneration of TicketOne Services depending on the Contracts with the Promoters and, anyway, at its sole discretion (“Service Fees”). The Service Fees due in respect of each Ticket and/or with each order are specifically indicated during the purchase procedure and, in particular, in the Shopping Cart and in the Order Recap, together with the Total Amount. In the event of conclusion of the Contract, they are also indicated in the order confirmation e-mail.
9.4 In addition to the Tickets Price and Service Fees, depending on the choices made by the user, the following expenses may be added: (i) the cost of home delivery of the Tickets and/or at home printing of the same; and/or (ii) the cost of the gift box; and/or (iii) any premiums of insurance coverage (“Additional Charges”). The amount of each of the Additional Charges, if applicable, is specifically indicated to the user in the Shopping Cart and in the Order Recap, together with the Total Amount. In the event of conclusion of the Contract, it is also indicated in the order confirmation e-mail.
9.5 The Price, the Presale Fee, the Service Fees and Additional Charges are indicated in Euro and inclusive of VAT.
10. Purchase Orders
10.1 The Contract is subject to the condition subsequent of the non-payment of the Total Amount. In the event that such payment does not occur, the Contract will be terminated. The user shall be notified immediately after the order placement, through the Website, of such termination and of the subsequent order cancellation.
10.2 Ownership of the Tickets will be transferred to the user at the time of conclusion of the Contract. In the case of home delivery and/or collection at the Event Venue, any risk of loss or damage of the Tickets, for reasons that cannot be attributed to TicketOne, will be transferred to the user when the latter or a third party, designated by the user and other than the carrier, will materially come into possession of the Tickets.
10.3 In order to place an order for a Ticket through the Website, the user shall carefully read and approve the present T&C, by selecting the relevant box available to the user during the purchase procedure and before the conclusion of the Contract.
11. Payment methods
The payment of the Tickets purchased through the Website may be made with the payment methods indicated in the paragraphs below and/or with the other methods that may be indicated on the Website. TicketOne reserves to apply, for security reasons, limitations and exclusions to payment instruments that can be used by the Customer for the payment of the Tickets. The payment instruments not available in relation to a specific order and/or to a specific Ticket will not be displayed and/or selectable by the user during the purchase procedure. In case of termination of the Purchase Contract and in any other case of refunding, for any reason, the amount of the refund will be credited on the same payment instrument used by the Customer for the initial transaction; if this is not possible, the refund will be made by wire transfer. TicketOne shall ask the Customer the relevant bank details in order to carry out the refund.
11.1 Payment by credit card
11.1.1 Payment of Tickets purchased on the Website may be made by credit cards of VISA, VISA ELECTRON, MASTERCARD, AMERICAN EXPRESS, JCB, DINERS, DISCOVER and POSTEPAY. The accepted credit cards are shown on the left side of the home page of the Website and in the “Payment” phase of the purchase procedure. The Total Amount due by the user to TicketOne shall be charged when the order is placed.
Payments by American Express and Diners Club credit cards are managed through the parent company CTS EVENTIM AG & Co. KGaA, Contrescarpe 75, D-28195 Bremen, Germany.
Payments with Visa and MasterCard credit cards are managed through the parent company CTS EVENTIM AG & Co. KGaA, Contrescarpe 75A, 28195 Bremen, Germany.
11.1.2 In order to ensure the security of payments made on the Website and to prevent any fraud, TicketOne reserves the right to request the user, by e-mail, to send, using the same means, a copy (front and back) of his/her ID card and, in case the order holder is different from the ID card holder, the ID card of the latter. The document must be valid. In the e-mail request will specify the term within which the document shall be sent to TicketOne. This term will not be, in any case, more than 5 working days starting from receipt of the request from the user. While waiting for the requested document, the order shall be suspended. The user is required to send the requested documents within the indicated term.
11.1.3 If TicketOne does not receive these documents within the term indicated in the e-mail request or receives expired or not valid documents, the contract shall be considered legally terminated pursuant to Art. 1456 of the Italian Civil Code, and the order shall be consequently cancelled, without prejudice to the right of TicketOne to claim damages that TicketOne may incur as a result of the non-compliance of the user. The termination of the contract, of which the user shall be notified by e-mail, within and no later than 5 working days from the expiry of the term for the submission of the documents requested by TicketOne, shall lead to the cancellation of the order and the consequent refund of the Total Amount, whenever already paid, by crediting it to the same payment instrument used. In case of timely receipt by TicketOne of valid documentation required, the delivery terms applicable to the order shall start from the date of receipt of such documentation.
11.1.4 TicketOne uses the secure payment service which involves the use of the SSL security protocol. Confidential data of the credit card (card number, holder, expiry date, security code) are encrypted and transmitted directly payment handler. Therefore, TicketOne does not have access to, nor memorizes, the credit card data used by the user for payment of the Tickets, except for the case set forth by Articles 11.1.2 and 11.1.3 above, with reference only to the card holder’s data.
12. Collection and delivery methods of the Tickets
Delivery of the Tickets purchased on the Website can be carried out at the user's choice and upon payment of the relevant costs, if due, with the following methods: (i) delivery to the postal address indicated in the “Address” phase of the purchase procedure (“Home Delivery”) and (ii) collection at the Event Venue or another place designated by the Promoter for the collection ( “Designated Place”) and indicated to the user during the purchase procedure, before the conclusion of the Contract (“Pick-up at the Venue Box Office”). In the event that the Promoter does not necessarily require the Home Delivery or the Pick-up at the Venue Box Office, TicketOne will make available to the user also the delivery by immediate printing of the Tickets (“Stampa@casa”).
12.1 Home Delivery
12.1.1 If the user chooses the Home Delivery, the Tickets purchased on the Website will be sent and delivered to the postal address indicated by the user in the “Address” phase of the purchase procedure.
12.1.2 The Home Delivery is made via courier. The time and costs of Home Delivery, which may vary, depending on the Country of delivery (e.g: Italy Express Courier, Western and Central Europe Express Courier, Switzerland Express Courier, USA and Canada, other world Countries Express Courier) and the chosen type of Tickets (e.g. Fantickets) are indicated in the “Methods of Delivery” section of the Shopping Cart. The specific costs and terms of the Home Delivery applied to the specific order are also indicated during the purchase procedure, before the user places the order, and in case of conclusion of the Contract, in the order confirmation e-mail. The Home Delivery will be made on working days, during normal business hours, excluding Saturdays and national bank holidays. The obligation to delivery is fulfilled through the transfer of material availability or, in any case, of the control of the Tickets to the Customer.
12.1.3 At the time of shipping, the Customer shall be sent an e-mail confirming that the courier has taken charge of the dispatch, containing a tracking number of the shipping, so that the Customer can check the status of the delivery by clicking on such link.
12.1.4 Home Delivery is offered upon payment and, except when otherwise provided, the delivery costs shall be borne by the Customer. The amount of the delivery costs due by the user in relation to a specific order is expressly and separately indicated (in Euros, including VAT) during the purchase procedure, in the Shopping Cart, in the Order Recap and, in any case, before the user proceeds with the order placement and payment.
12.1.5 The user acknowledges that collection of the Tickets is his/her specific obligation. In case of non-delivery due to the absence of the consignee, the courier shall leave a notice for proving the attempted delivery (so called, passage notice). The notice shall also contain the contact details, which the user can use to contact the courier and arrange another delivery or to collect the Tickets. After the failed attempted delivery, the Tickets shall be kept at the courier’s warehouse. The user is required to collect them within 5 calendar days starting from the second day following the date on which the passage notice was left. In case the user does not collect the Tickets within that term, the Tickets will be returned to TicketOne, where they will remain available for the Customer that, if he/she wishes so, may request TicketOne a new Home Delivery, by contacting TicketOne at the contact details indicated at Art. 19 below, subject to the payment of the related costs. Under no circumstances, the failure of the acceptance of the Tickets delivery shall result in the termination of the Contract or in the Customer's right to request the Pick-up at the Venue Box Office.
12.1.6 The terms within which TicketOne undertakes to deliver the Tickets under the user’s order will be indicated during the purchase procedure, before the user places the order. The delivery terms shall start from the date of the conclusion of the Contract (i.e. the order placement), unless otherwise indicated. The delivery term of the specific order shall also be indicated in the order confirmation. In case of failure to indicate the delivery term, the delivery will take place, in any case, within thirty days from the date of conclusion of the Contract.
12.1.7 In the event that the Tickets purchased are not delivered or their delivery is delayed with respect to the terms of delivery indicated during the purchase procedure and in the order confirmation, the Customer can notify the problem to TicketOne, by contacting it at the contact details indicated in Art. 19 below. TicketOne shall reply to such notice within five days from the receipt. Furthermore, the Customer pursuant to Art. 61 of the Consumer Code, may request TicketOne to carry out the delivery within an additional time limit suitable to the circumstances (“Additional Time Limit ex Art. 61, para. III, Consumer Code”). If this additional time limit expires before the Tickets have been delivered, the user is entitled to terminate the contract (“Termination of the Contract ex Art. 61, para. III, Consumer Code”), without prejudice to the right to damage compensation. The Customer is not burdened to grant TicketOne the Additional Time Limit ex Art. 61, para. III, Consumer Code (“Excluded Cases”) if:
a) TicketOne has expressly refused to deliver the Tickets;
b) the compliance to the delivery time specified during the purchase procedure and in the order confirmation shall be considered essential, considering all the circumstances that have led to entering into the contract;
c) the user has informed TicketOne, before entering into the contract, that the delivery on or before a certain date is to be considered essential.
In the Excluded Cases, if the Customer does not receive the Tickets on or before the delivery time indicated during the purchase procedure and in the order confirmation, the user is entitled to terminate the contract immediately, without prejudice to the damage compensation ("Termination of the Contract in Excluded Cases "). The specification of the Additional Time Limit ex Art. 61, para. III, Consumer Code and the notification of the Termination of the Contract ex Art. 61, para. III, Consumer Code, or Termination of the Contract in Excluded Cases shall be notified by the user to TicketOne to the addresses specified in Art. 19 below.
In the case of Termination of the Contract ex Art. 61, para. III, Consumer Code, or the Termination of the Contract in Excluded Cases, TicketOne will refund the user the Total Amount without undue delay and in any case no later than 15 working days from the date of termination, pursuant to Art. 11 above.
12.1.8 It is the responsibility of the user to verify the conditions of the Ticket that was delivered to him/her. Provided that the risk of loss or damage of the Tickets, for reasons not attributable to TicketOne, is transferred to the Customer when the Customer or a third party appointed by him and other than the carrier, materially comes into possession of the Tickets, it is recommended to the Customer to verify that the Tickets received refer to the Event for which the Customer has purchased them as well as the correct date, category, type of seats and the number of the Tickets received. In the event of any discrepancy between the Tickets received i and those purchased, the Customer can contact TicketOne at the contact details indicated in Art. 19 below. TicketOne shall reply to such request within the term referred to in Art. 14 below.
12.1.9 The Customer is also advised to check that the package containing the Tickets is intact, undamaged, not wet nor in any way, and it is in his/her best interest to indicate any anomaly, if present, on the shipping document of the carrier, accepting the package with reservations. The receipt of the Tickets without any reservations, in fact, does not allow the Customer to take legal action against the carrier, in the case of loss or damage of the Tickets, except in the case where the loss or damage is due to willful misconduct or gross negligence of the carrier itself, and except for the partial loss or damage which are not immediately recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as it is discovered and no later than eight days from the receipt. In the event that the package displays visible signs of tampering or alteration, it is recommended to the Customer immediately notify this to TicketOne, at the contact details referred to in Art. 19 below, without prejudice to the provisions of Art. 14 below.
12.2 Pick-up at the Venue Box Office
12.2.1 In the event that the Customer has chosen the Pick-up at the Venue Box Office for the delivery of the Tickets, the Customer can collect the Tickets at the Event Venue or the Designated Place, only on the date of the Event, and only at least one hour before the beginning of the Event, unless otherwise indicated to the user during the purchase procedure, before the conclusion of the Contract. The choice of the Pick-up at the Venue Box Office as a delivery method does not involve any charge for the Customer. It does not give the right to the so called fantickets issue. In order to collect the Tickets, the Customer shall show the e-mail order confirmation.
12.3 Stampa@casa (Print@home)
12.3.1 In the event that the Promoter does not require the Home Delivery or Pick-up at the Venue Box Office as mandatory, TicketOne may make available to the user also the delivery via Stampa@casa (Print@home) that allows the Customer to print immediately the Tickets purchased with the aid of a regular printer, black and white or color. In case the user wishes to avail himself/herself of this delivery method, if available, he/she shall adopt the technical specifications indicated on the Website for printing the Tickets, and, in particular, in the "Questions regarding Stampa@Casa (Print@Home) option”, accessible from the footer of the Website through the link “Frequent Questions”. The user is reminded that, in any case, in order to avail himself/herself of the delivery method Stampa@casa (Print@home), the user must use a personal computer, where “Adobe Acrobat Reader” shall be installed and updated to 7.0.8 or higher and where any previous versions of the same program shall be uninstalled.
12.3.2 For the choice of “Stampa@casa” (Print@home) delivery method, the user will be charged a service fee, which amount is indicated in the “Methods of delivery” section in the Shopping Cart and in the Order Recap. It does not give the right to the so called fantickets issue
12.3.3 The Customer who has chosen “Stampa@casa” (Print@home), when available, as a delivery method can print the Tickets immediately after the purchase of the same or thereafter, by accessing his or her own “My TicketOne” account with his/her login credentials and by clicking on “My order history”. In the event that the Customer encounters problems while printing the Tickets, the Customer may immediately notify it to the dedicated address stampaacasa@ticketone.it, indicating the order number. TicketOne shall reply to such notice within the term referred to in Art. 14 below.
12.3.4 The access control system will authorize the entrance of only 1 Ticket corresponding to 1 single barcode. Any copies and/or fraud arising from an improper use of the same will be prosecuted by law and shall not be attributable to the TicketOne or the Promoter. In any case, the Promoter will not grant of any copied Ticket.
13. Exclusion of the right of withdrawal from the Contract
13.1 TicketOne informs the Customer that, since the Contract provides for the supply of services related to leisure activities that the Promoter undertakes to provide for a specific date, the Contract, pursuant to Art. 59, para. I, lett. n) of the Consumer Code, the right of withdrawal provided for by Art. 52 of the Consumer Code shall not apply to the Contract. Therefore, the Customer may not exercise this right in relation to the Tickets purchase.
14. Differences between the Tickets received from those purchased
14.1 Without prejudice to the provisions set forth by the Articles above, whenever the Tickets are different from those purchased, the Customer can contact TicketOne at the contact details indicated in Art. 19 below. TicketOne shall reply to such request at the latest within 15 working days as of the receipt and, in any case, in sufficient time to enable the Customer to attend the Event.
15. Tickets and Events
15.1 All Tickets Holders shall be provided with a valid Ticket in order to access the Event Venue. All the provisions set forth in these T&C and all other provisions applicable to the Customer as well as the provisions applicable to the Event shall apply to Tickets Holders.
15.2 The Ticket grants access exclusively to the Event for which it was issued, in the date and time specified therein. The Promoter has the right to deny access to the Event Venue in case of irregularities of the Ticket and carry out security searches on individual persons. In the event that the Ticket appears to be stolen, duplicated or obtained in breach of the present T&C and/or the law, the Ticket Holder shall not be authorized by the Promoter to access the Event Venue or he/she may be forced to abandon it. The Tickets issued may not be print more than once. In case of loss of the Ticket, likewise, it will not be granted access to the Event Venue. In any case, TicketOne will not replace Tickets that have been misplaced, lost, deteriorated, damaged or destroyed, or stolen, or even partially unreadable, should the Customer submit a Ticket non perfectly intact.
15.3 TicketOne may at any time cancel, upon request of the Promoter and/or the public policy and safety authorities, for technical and/or organizational reasons different from those indicated in Art. 16 below; therefore, TicketOne may cancel a Ticket already issued or a purchase order related to a Ticket already placed. In this case, the Customer will be entitled to the refund of the Total Amount paid, including the Presale Fee, the Service Fees and Additional Charges, but excluding the Home Delivery costs, where the delivery of the Tickets has already been carried out at the time of the cancellation of the order and/or the Ticket.
16. Postponed or cancelled Event
16.1 TicketOne, in its capacity of mere provider of TicketOne Services, as well as subject acting in the name and on behalf of the Promoter in connection with the Tickets sale, is not responsible, under any circumstances, for any postponement or cancellation by the Promoter. In case of postponement or cancellation of the Event by the Promoter, TicketOne shall notify to the Customer, in the name and on behalf of the Promoter itself, the measures adopted by the latter as to the refund or the replacement of the Tickets related to the Event, which is postponed or cancelled. The Customer is reminded that the Promoter, in case of cancellation of the Event, reserves the right to withold the Presale Fee and that, in this case, TicketOne is not involved in the Promoter’s decisions. Being understood that the choice on the possible refund of the Presale Fee will be the sole responsibility of the Promoter, the Customer acknowledges, even for the purpose of his buying decision awareness, that the Presale Fee possibly withheld by the Promoter will not exceed 13% of the total price of the Ticket.
16.2 Without prejudice to the provisions set forth by Art 16.1 above, in the event of cancellation or postponement of the Event by the Promoter, under no circumstances the Customer may request to TicketOne the refund of the Service Fees and/or of the Home Delivery or Stampa@casa expenses or the cost for the gift box and/or the possible premium of insurance coverage, if incurred, as such amounts represent the remuneration for the supply of TicketOne Services by TicketOne that has already been carried out and that is independent from the subsequent supply of the performance in connection with the Event by the Promoter.
16.3 In the event of cancellation of the Event, TicketOne will to carry out the refund to the Customer according to the time and method decided by the Promoter, only in the event that TicketOne has been specifically appointed to such refund and to the extent that it has received from the latter the necessary funding. In all cases of cancellation and/or postponement of the Event, the Customer may contact the Promoter in order to enforce all his/her rights against him.
16.4 The Tickets relating to cancelled Events cannot be exchanged with Tickets related to other Events.
16.5 If the Event consists of a Festival, the listing on TicketOne Website of the names of the artists taking part in it shall be deemed to have indicative purposes only and therefore, if one or more artists who are expected to take part in the Event does not participate or is substituted, the missed participation or the substitution shall never be deemed as cancellation of the Event, unless the whole Event is cancelled by the Promoter.
17. Limitations of Liability and TicketOne rights
17.1 Except in case of willful misconduct or gross negligence, TicketOne shall not be liable for any cost and damage, direct and indirect, suffered by the Customer in connection with the Ticket sale.
17.2 TicketOne reserves the right to withdraw, modify, suspend or interrupt any function or service in connection with the Ticket sale, where this is necessary or appropriate for technical and/or organizational reasons, without prejudice to the fulfillment of the Contract that may have already benn concluded.
18. Restrictions
18.1 Tickets cannot be resold upon payment within the performance of a professional business activity, even if not organized in the form of a company, without the express consent of the Promoter and in any case whenever the Promoter specifically prohibits the transfer of ownership based on the principle that the Ticket is strictly personal.
18.2 Furthermore, Tickets may not constitute the award of competitions, either falling or not falling within the scope of the Presidential Decree No. 430/2001 or other awards or promotional initiatives (such as, without limitation, contests or lotteries), without the prior written authorization by the Promoter or by TicketOne, if specifically authorized by the Promoter. The Customer declares and agrees not to use the Tickets in violation of this provision and undertakes to indemnify and hold TicketOne harmless against any damage which may arise for the same from the breach of this warranty.
19. Customer service and Complaints
19.1 It is possible to request information, send notifications or submit complaints by contacting TicketOne customer service:
- through the Website, by accessing the following section: https://www.ticketone.it/help ;
- or at the addresses indicated in the sections “About Us”, “Contacts” and “Customer Service” of the Website, in addition to Art. 2 of these T&C.
19.2 TicketOne will deal with complaints via e-mail and/or telephone within the term indicated in Art. 14 above.
20. Applicable Law and Jurisdiction
20.1 The Contract is subject to Italian law. An exception regards users qualifying as Consumers whose habitual residence is not in Italy for whom the more favorable and binding provisions provided by law of the Country where they have their habitual residence apply.
20.2 Please note that in the case of user qualifying as Consumer for any dispute arising from the application, execution and interpretation of these T&C or the Contract the competent court is the court of the place where the user lives or is domiciled.
21. Alternative Dispute Resolution/On Line Dispute Resolution and Netcomm Joint Conciliation Procedure
21.1. Pursuant to Art. 141-sexies, para. III of the Consumer Code, TicketOne informs the user qualifying as Consumer, that, in case he/she has submit a complaint, following which the dispute between the consumer and TicketOne could not be settled, the latter shall provide the Consumer with the information about the Alternative Dispute Resolution entity or entities (so called “ADR entities”, as set forth by Articles 141-bis et seq. of the Consumer Code) for the out-of-court resolution if the disputes arising from a contract executed pursuant to these T&C, specifying whether or not it will make use of the relevant ADR entities to settle the dispute.
21.2 Furthermore, TicketOne hereby informs the user qualifying as Consumer, that a European platform for online dispute resolution for consumer disputes (so called “ODR platform”) has been established. The ODR platform is available at the following address http://ec.europa.eu/consumers/odr/ . Through the platform the Consumer may find a list of the ADR entities and relevant link to their websites, as well as start an online dispute resolution procedure for resolving the dispute in which he/she is involved. 21.3 TicketOne finally informs the user qualifying as Consumer that if he/she submitted a complaint to TicketOne, but was not satisfied with the outcome of the same or has not received a reply within the period referred to in Art. 19.2 above, or in any event, within 30 days, he/she may start the joint conciliation procedure established by Consorzio Netcomm and the Consumer Associations, to which TicketOne is committed. The user qualifying as Consumer may find more information about this procedure as well as the link to the relevant regulation at http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/Conciliazione-Paritetica.kl The user qualifying as Consumer can submit the application to Netcomm joint conciliation procedure exclusively via fax at the number 02/87181126 or via e-mail at conciliazione@consorzionetcomm.it.
21.4 The user who is resident in a member state of the European Union other than Italy may also have access, for any dispute arising from the application, execution and interpretation of these T&C, to the European procedure set up for minor disputes, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, on condition that the value of the dispute does not exceed, excluding interest, rights and expenses, 2,000.00 Euros. The text of the regulation is available on the website eur-lex.europa.eu.
21.5 The above shall be without prejudice to the users qualifying as Consumer’s right to resort the court competent for the dispute arising from these T&C, regardless of the outcome of the out-of-court procedure, as well as to start, where applicable, an out-of-court dispute resolution procedure pursuant to Chapter V, Title II-bis of the Consumer Code.
See the previous version of our Terms & Conditions clicking on the following link: