Terms and Conditions TOSC July 2023

Terms and Conditions of Purchase

General Terms and Conditions - (Version July 2023)

1. Object
These General Terms and Conditions (GTC) regulate the distance sale and, insofar as they are compatible and not otherwise derogated from, the non-distance sale of tickets for national and international entertainment and/or cultural and sports events, carried out by TOSC - TicketOne Sistemi Culturali S.r.l in the name and on behalf of the event organiser, as well as the contract for the supply of services, necessary and accessory to the sale of such tickets, provided by TOSC - TicketOne Sistemi Culturali S.r.l.

2. Definitions
The following definitions apply to these GTC, it being understood that definitions in the plural will apply to the relative term in the singular and vice versa:

TOSC Application or APP: means the applications for mobile devices attributable to TOSC that allow the purchase of Admission Tickets.

Consumer Code: means the Legislative Decree no. 206 of September 6, 2005.

Consumer: means the Customer natural person who acts for purposes unrelated to the entrepreneurial, commercial, craft or professional activity eventually carried out.

TOSC Services Contract: means the contract that is concluded between TOSC and the Client and that has as its object the provision of TOSC Services, governed by these GTC and by the information provided on the Website, before the conclusion of the contract, also pursuant to and for the effects of which at the articles 49 and following of the Consumer Code.

Sales Contract: means the contract that is concluded, as a result of TOSC Services, between the Client and the Organiser and that has as its object the sale of the Entrance Ticket, governed by these GTC and by the information provided on the Site, prior to the conclusion of the contract, also pursuant to and for the purposes of Articles 49 et seq. of the Consumer Code.

Customer: means the person who, as a result of TOSC Services, buys the Ticket from the Promoter, at a distance - through the Site, through the App or by phone sale, or not at a distance, at TicketOne Stores.

Contract: means the TOSC Service Agreement and the Contract of Sale.

Event: means the event, show or performance to which the Ticket Holder has the right to access.

Festival: means the Event in which more than one artist performs in the same context.

Event Venue: means the buildings and land that constitute the venue for a specific Event.

Promoter: means the Event promoter, in the name and on behalf of which TOSC acts, whose identification details are reported in the "Tickets/Information on online purchase" section of the Website as well as in the Shopping Cart and Order Summary pages as defined in art. 9.1 of GTC.

Ticket Holder: means the person who legitimately holds the Ticket purchased by the Customer in accordance with these General Conditions of Contract.

TicketOne Points of Sale: means the sales network affiliated with TicketOne.

Website: means the website tosc.it, owned and managed by TicketOne.

TOSC: is TicketOne Sistemi Culturali S.r.l., a limited liability company specialized in ticketing services for culture, with registered office in Via Giovanni Giolitti 287c - 00185 Rome - Italy. TOSC is subject to the control and coordination of TicketOne S.p.A., a joint-stock company leader in Italy in the provision of ticketing, marketing, information and e-commerce services for entertainment, sports and culture, with registered office in Via Fabio Filzi 29 - 20124 Milan - Italy, and uses the information technology made available by the parent company TicketOne to carry out booking and pre-sale activities and related activities.

Ticket: means the document, also in digital format, issued by TOSC that legitimizes the Ticket Holder to access the Event Venue.

Digital Admission Ticket: indicates the paper Admission Tickets (e.g. fanticket, standard ticket) with the wording "digital title", as well as all the Admission Tickets delivered in the form of E-ticket or Print@home.

Non-Digital Admission Ticket: indicates paper Admission Tickets that do not bear the words "digital title".

TOSC Services: means the services provided by TOSC in relation to the Contract of Sale of Entrance Tickets, concerning the booking of the Entrance Ticket, the delivery or other forms of making the Entrance Ticket available to the Client, as well as further ancillary services related to the sale of the Entrance Ticket, if requested by the Client, but excluding, in any case, the provision of the service corresponding to the Event, which is the exclusive competence and responsibility of the Promoter.

3. Scope of Application

3.1 The offer and sale of Admission Tickets and TOSC Services on the Site constitute a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of the Consumer Code and by Legislative Decree No. 70 of 9 April 2003, which governs electronic commerce.

3.2 These GTC may be amended at any time. Any changes will be effective from the time of their publication on the Site in the "Terms and Conditions of Purchase" section, located in the footer of each page of the Site. Users are therefore invited to regularly access the Site and to consult the most up-to-date version of the GTC before making any purchase.

3.3 The applicable GTC are those in force on the date of transmission of the purchase order for an Entitlement. Before proceeding to the conclusion of the Contract, the User must carefully read all the information provided by TOSC on the Site, both before and during the purchase process, and must examine and approve these GTC by checking the appropriate box made available to the User during the purchase process and before the conclusion of the Contract.

3.4 These GTC do not regulate the sale of products and/or services by subjects different from TOSC that are present on the Site through links, banners or other hypertext links. Before making commercial transactions with such subjects it is necessary to check their conditions of sale. TOSC is not responsible for the supply of services and/or the sale of products by such subjects. On the websites that can be consulted through such links, TOSC does not carry out any control and/or monitoring. Therefore, TOSC is not responsible for the contents of such sites or for any errors and/or omissions and/or violations of law by them.

4. Purchases on the Site

4.1 The purchase of Admission Tickets on the Site can be made only after registration to the Site with the modalities described in art. 5 below and is allowed both to users who are Consumers and to users who are not. Natural persons are allowed to purchase only on condition that they are at least 18 years old.

4.2 TOSC reserves the right to refuse or cancel orders that come (i) from a User with whom it has an ongoing legal dispute; (ii) from a User who has previously violated these TOSC and/or the terms and/or conditions of the Contract; (iii) from a User who has been involved in fraud of any kind and, in particular, in fraud related to credit card payments; (iv) by users who have provided false, invented, fictitious, incomplete or in any case inaccurate identification data and/or in any way not corresponding to the truth or referring to third parties or who have not promptly sent to TOSC the documents requested by the same within the procedure referred to in Articles. 11.1.2 and 11.1.3 below or who have sent invalid documents; (v) by users who have purchased a plurality of Tickets or have the same name on more than one Ticket; (vi) by a user who has violated the prohibition of art. 5.2 below.

5. Registration on the Site

5.1 Registration on the Site is free. To register on the Site and create an account, the user must fill out the appropriate form, entering their personal data requested in the same, as well as an email address and password, and click on the ''REGISTER NOW'' button. It is absolutely and strictly forbidden for the user to enter, for the purpose of registering on the Site, the personal data of third parties, false, invented, fictitious and/or, in any way, not corresponding to the truth.

5.2 Each user can use only one registration to the Site. It is therefore absolutely and strictly forbidden for users to create multiple accounts on the Site referring to the same person, natural and/or legal, and/or to companies and/or bodies of any kind, even through the use of data corresponding to the truth. In case of violation of this prohibition, subject to the provisions of art. 4.2 above, TOSC reserves the right to close all accounts referring to the same person, natural and/or legal, and/or the same company and/or the same entity. The user also agrees to hold TOSC harmless and indemnified from any damage, obligation and / or penalties arising from and / or in any way related to the violation by the user of the prohibition referred to in this Article 5.2.

5.3 Registration on the Site allows the user to perform, through the confidential and personal account, called "My Data", among other things, the following activities

- check the status of the most recent orders and view the archive of all orders placed;

- manage one's own personal data and modify them at any time;

- change your password;

- manage subscription to the "Newsletter" and/or "ticket alert" service;

- to use the dedicated services that can be from time to time activated by TOSC.

5.4 The registration credentials (e-mail address and password) allow the user to make purchases on the Site and to perform, among the others, the activities mentioned in art. 5.3 above. They must, therefore, be kept with extreme care and attention. Moreover, they can only be used by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no third party has access to them. He/she also undertakes to inform TOSC immediately, by contacting it at the addresses in art. 19 below, in case he/she suspects or becomes aware of an improper use or an improper disclosure of the same.

5.5 During the registration to the Website, the user may choose, by checking the appropriate box, to validate his phone number through the One Time Passwords (OTP) validation code transmitted to him by SMS. On this point, it should be noted that the validation of the phone number is provided for by Law no. 145 of 30 December 2018, amending art. 1, paragraph 545 ff. of Law 232/2016 (Budget Law 2017), which requires that the user who buys admission tickets through online channels on official ticketing websites is identified through OTP validation. Where the user chooses not to perform del number validation during registration with the Website, he/she shall perform it during the processing of the first purchase order.

5.6 The user guarantees that the personal data provided to TOSC, during the procedure of registration to the Site or at any other time and / or occasion of his relationship with TOSC, are complete, true and refer to the user himself and agrees to hold TOSC harmless and indemnified from any damage, compensation obligation and / or penalty arising from and / or in any way related to the violation by the user of the guarantee of this article and / or violation of the rules on registration to the Site and / or storage of registration credentials.

6. Information directed to the conclusion of the contract

6.1 In accordance with Legislative Decree 9 April 2003, n. 70 laying down provisions on electronic commerce, TOSC informs the user that:

1. in order to conclude the contract for the purchase of an Entrance Ticket on the Website, the user must fill in an order form in electronic format and send it to TOSC, electronically, following the instructions that will appear from time to time on the Website;

2. if applicable, the order form must be sent within the maximum time indicated on the Website;

3. the contract is concluded when the order form reaches TOSC's server;

4. before proceeding to the transmission of the order form, the user will be able to identify and correct any errors in data entry by following the instructions on the Website in the different phases of the purchase;

5. once the order form is registered, TOSC will send to the customer, to the email address indicated, the confirmation of the order containing: a summary of the general and particular conditions applicable to the contract, the essential information relating to the Entrance purchased, the detailed indication of the price, the means of payment used, the delivery costs and any additional costs, the delivery time and information relating to contacts of Customer Service which the user can contact to request assistance and / or complaints. The order confirmation email, which contains a link to the GTC, constitutes confirmation of the contract concluded on a durable medium pursuant to art. 51, paragraph 7, Consumer Code; the Customer acknowledges and recognizes that, by sending such email, TOSC has fulfilled the documentation obligations incumbent on the same and that, therefore, the Customer is bound by the Contract and is, in particular, required to pay the Total Amount, regardless of the receipt of the order confirmation email, which depends on third parties and/or factors that are outside the sphere of control of TOSC (e.g. email provider used by the user);

6. the order form will be filed in the database of TOSC for the time necessary to the execution of the same and, however, in the terms of law. The user can access to the order form and/or to the data related to the same through his personal account named "My data".

6.2 In accordance with Law no. 145 of 30 December 2018, amending art. 1, paragraph 545 ff. of Law 232/2016 (Budget Law 2017), TicketOne informs the user that in order to conclude the purchase contract he/she will have to verify his/her phone number through the One Time Password (OTP) validation code, transmitted to him/her via SMS. This verification can be performed during registration, as indicated above in point 5.5, or during the processing of the first purchase order.

6.3 The languages available to users for the conclusion of the contract are Italian and English. The Customer Service is able to communicate with users in the same language.

7. Availability of Entitlements

7.1 With regard to Admission Tickets that can be purchased through the Website, TOSC points out and the user acknowledges and recognises that, in relation to certain types of Event, such as, for example, Music Events:

a) the package of Entrance Tickets that can be purchased through the Website (so-called allotment) is entirely determined by the Organiser who establishes the number, price and type of Entrance Tickets to be sold on the Website, also establishing whether the number of tickets that can be purchased by users on the Website through their account is unlimited or whether there is a maximum number of tickets that can be purchased per account and, if so, indicating such number;

b) the allotment can also undergo some recharges in consideration of the further availability of the Tickets that the Promoter will communicate to TOSC;

c) the Promoter, at his discretion, may also ask TOSC to offer for sale a certain number of Entrance Tickets (of the type and at the price indicated by the Promoter) to some predetermined clusters of users (e.g.: members of the fan club or of the artist's official website; holders of a specific credit card) at an earlier date (e.g.: one day before) or even simultaneously with respect to the date of opening of the sales to all those who do not belong to this category; the circumstance may be advertised by the Promoter;

d) it is not possible to purchase Admission Tickets in correspondence with the category of which, on the page that the user accesses once the date of the Event has been chosen, the wording "Not available" appears;

e) Entrance Tickets for which category, on the page which the user accesses once the date of the Event has been selected, the wording "Not available" does not appear may be inserted in the shopping cart, by pressing the "Tickets" button, but may be purchased only if the condition as per letter i) below is verified

f) a plurality of users may attempt to purchase the same category of Admission Tickets in relation to the same Event ("Same Admission Ticket") at the same time;

g) pressing the "Tickets" button generates a request to the TOSC server ("Server");

h) all requests to the Server generated by pressing the "Tickets" button 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 Admission Titles selected by the user, by pressing the "Tickets" button, can take place only if, at the time when the request generated by pressing the "Tickets" button reaches the server, the category of Admission Titles requested is still available, taking into account the actions performed by other users whose request for the same category of Admission Titles reached the server before the user's one

j) the fact that, within the same allotment, a category of Admission Titles initially displayed by the user as "Not available" is subsequently displayed by the user as put in the cart, by pressing the relative button, depends on the actions of the users who have put the same Admission Titles in the cart and have not completed the purchase (e.g., for voluntary abandonment of the cart or expiration of the maximum time to finalize the purchase, during which the Entitlement is reserved to the user who has placed it in the cart, or transaction failed); in this case, in fact, the system will put back on sale the Entitlement for which the purchase process has not been completed, according to the rules outlined above.

8. Information on Entry Securities

8.1 The categories of Admission Tickets relating to each Event and/or each date of the Event are described on the "Tickets" page for each Event. Where applicable, the selection of the seat, within the desired category, can be made either through the function "Buy through Best Seat" or through the function "Buy through Choice in Plan". In the first case, the user chooses the category and the number of seats desired and the Server assigns to the user the seats that, at the moment of the request, and within the reserved TOSC allotment, are the best among the ones available in the selected category. In the second case, the user visualizes the map of the Event Venue and chooses himself, directly, among the seats indicated as available on the map, those he wants to select. The specific Entrance Ticket or the specific Entrance Tickets that the user will insert in the shopping cart and eventually purchase, by pressing the relevant buttons, will then be those resulting from the mechanisms illustrated above of assignment or selection. All information on the specific Entrance Tickets assigned and/or selected (e.g.: sector; block; row; seat number) are provided to the user immediately after the assignment and/or selection, throughout the purchase process and, in particular, in the order summary 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, in any case, change the seats he has been assigned or selected.

8.2 TOSC, being neither an exclusive distribution network nor the subject managing sales decisions related to a specific Event, is not responsible for the type of seats put on sale by the Promoter and therefore cannot guarantee that the Admission Tickets that can be purchased through the Site represent, for each type, the best available at the time of purchase by the Customer or that better seats are not put on sale by the Promoter at a later time.

8.3 TicketOne, for certain events and/or venues, provides consumers with the opportunity to purchase accessory products and/or services (i.e. parking tickets, merchandising, etc.) on the Website, either along with the purchase of Tickets or at a later date, but in any case until availability. At the time of purchase, the consumer, where applicable, can read the "Terms and Conditions of Purchase" of the company responsible for the products and/or accessory services, which regulate the buying and selling relationship with the same and relieve TicketOne of all responsibility.

9. Price of Admission Securities, Service Charge, Additional Charges, Total Amount

9.1 The Price of Admission, set by the Promoter and inclusive of any pre-sale fees set and applied by the Promoter ("Pre-Sale"), is the price shown on the Site in relation to each category of Admission on the page for each Event ("Price of Admission" or "Price"). The Price is also shown on the Entry Security. You can find out the composition of the Price by clicking on the appropriate link on the page that you access after selecting the date of the Event. The separate indication of the Price and of the Advance Sale is also present in the page that the user displays immediately after pressing the "Tickets" button ("Shopping Cart") and in the order confirmation e-mail. The Price of the Admission Tickets does not include the Service Fees and any Additional Charges, as better defined in articles 9.3 and 9.4 below, which are, however, specifically set out during the course of the purchase process and, in particular, in the order summary that you view before proceeding to the conclusion of the Contract ("Order Summary"), together with the total amount that you are required to pay in respect of a specific order and which is made up of the Price of the Entry Securities plus the Service Charge plus any Additional Charges ("Total Amount").

9.2 The Price of Admission Tickets, set by the Promoter and shown on the Website in relation to each category of Admission Tickets on the "Tickets" page of each Event, is the latest price communicated to TOSC by the Promoter. The Promoter reserves the right to change the Price of Entrance Tickets 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 on the "Tickets page” of each Event and in the Order Summary and that no account will be taken of any changes (whether increases or decreases) after the transmission of the order. In particular, any lower price that may be applied by the Promoter, after the Client's purchase, to Admission Tickets of the same type or with regard to Events to be held on a particular date, will not entitle the Client to a refund of the difference.

9.3 TOSC charges service fees on each sale transaction and as remuneration for TOSC Services, depending on the agreements with the Organisers and, in any case, at its own discretion ("Service Fees"). The Service Fees due in relation to each Admission and/or to each order are specifically indicated during the purchase process and, specifically, in the Shopping Cart and in the Order Summary, together with the Total Amount. In the case of conclusion of the Contract, they are also indicated in the order confirmation email.

9.4 To the Price of the Entitlements and the Service Fees may be added, depending on the choices made by you: (i) the cost of home delivery of the Entitlement Securities and/or in-home printing of the same; and/or (ii) the cost of gift wrapping; and/or (iii) any insurance cover premium ("Additional Charges"). The amount of each of the Additional Charges, if applicable, is specifically stated to you in the Shopping Cart and Order Summary, together with the Total Amount. In the case of conclusion of the Contract, it is also indicated in the Order Confirmation email.

9.5 The Price, the Advance Sale, the Service Fees and the Additional Charges are expressed in Euros and must be considered inclusive of VAT.

9.6 Pursuant to art. 17 bis of ‘Codice del Consumo’, in the case of promotions on the price of Tickets each price reduction announcement will also indicate the lowest price applied in the previous 30 days.

10. Purchase Orders

10.1 The Contract is resolutely conditional on non-payment of the Total Amount. In the event that such payment is not made, the contract will be considered terminated. You will be notified of such termination and the consequent cancellation of the order immediately after the transmission of the order, through the Site.

10.2 Ownership of the Entitlements will be transferred to you at the conclusion of the Contract. In case of home delivery and/or collection at the Event Venue, the risk of loss or damage of the Entitlement, for reasons not attributable to TOSC will be transferred to you when you or a third party designated by you and different from the carrier, takes physical possession of the Entitlement.

10.3 In order to place an order for an Entitlement through the Website, you must carefully read and approve, by checking the appropriate box provided during the purchase process, these TOSC.

11. Payment

Payment for Entrance Tickets purchased through the Website can be made using the payment methods indicated in the following paragraphs and/or any other methods that may be indicated on the Website itself. TOSC reserves the right to apply, for security reasons, limitations and exclusions to the payment instruments that can be used by the Client for the payment of Entry Securities. Payment instruments that are not available in relation to a specific order and/or to a specific Input Security will not be viewable and/or selectable by the User during the purchase process. In case of termination of the Sale Agreement and in any other case of refund, for any reason whatsoever, the amount of the refund will be credited to the same means of payment used by the Customer for the initial transaction; in case this is not possible, the refund will be made by bank transfer. TOSC will ask the Client for the bank details needed to make the refund.

11.1 Payment by credit card

11.1.1 Payment of Entrance Tickets purchased on the Website can be made by credit cards of VISA, VISA ELECTRON, MASTERCARD, AMERICAN EXPRESS, JCB, DINERS, DISCOVER and POSTEPAY circuits. The credit cards accepted are indicated on the left-hand side of the home page of the Website and in the "Payment" phase of the purchase process. The charge of the Total Amount due by the user to TOSC is made at the moment of the order transmission. Credit card payments are handled through the parent company CTS EVENTIM AG & Co. KGaA, Contrescarpe 75 A, D-28195 Bremen, Germany.

11.1.2 In order to ensure the security of payments made on the Site and to protect against the possible fraudulent use of credit card data, the 3D-Secure procedure introduced by European Directive 2366/2015 (SPD2) is applied. More specifically, the 3D-Secure procedure provides that the browser data, the credit card data, the address data (billing address, e-mail address), as well as the transaction amount and currency, are transferred to the credit card issuer. The credit card issuer processes the data received to determine the fraud risk of the transaction, taking into account the amount and the result of the calculation. Depending on the findings, the credit card institute may require the cardholder to authenticate the payment transaction, e.g. by means of a transaction authentication number or an app.

11.1.3 Moreover, in order to guarantee the security of payments made on the Website and to prevent possible frauds, TOSC reserves the right to ask the user, through e-mail, to send, by the same means, a copy of the front/back of his identity card and in case the holder of the order is different from the holder of the card, of the identity card of the latter. The document must be valid. In the e-mail of request will be specified the term within which the document must reach TOSC. This term will not be, in any case, longer than 5 working days from the receipt of the request by the user. Waiting for the requested document, the order will be suspended. The user is obliged to send the requested documents within the deadline indicated.

11.1.4 In case TOSC doesn't receive such documents in the term specified in the request email or receives expired or invalid documents, the contract will be considered terminated by law according to and for the effects of which to the art. 1456 c.c., and the order consequently cancelled, except the right of TOSC to the compensation of any damage in which the same can incur because of the non-compliant behaviour of the user. The termination of the contract, of which the user will be notified by email, within and not beyond 5 working days from the expiration of the deadline for sending the documents required by TOSC, will result in the cancellation of the order with consequent refund of the Total Amount, if paid, by re-crediting the same means of payment used. In case of timely receipt by TOSC of the valid documentation required, the delivery terms applicable to the order will start from the date of receipt of such documentation.

11.1.5 TOSC uses a secure payment service that provides for the use of SSL security protocol. Confidential credit card data (card number, holder, expiration date, security code) are encrypted and thus transmitted to the payment provider. Therefore, TOSC never has access to and does not store the data of the credit card used by the user to pay for the Entrance Tickets, except in the case, limited to the data relating to the card holder, referred to in Articles 11.1.2 and 11.1.3 above.

12. Method of collection and delivery of Admission Tickets

Delivery of Admission Tickets purchased on the Site may be made, at your option and subject to payment of the relevant costs, if due, in the following ways: (i) delivery to the postal address indicated in the "Address" phase of the purchase process ("Home Delivery"), (ii) delivery by immediate printing of the Ticket ("Print@home") and (iii) delivery by digital ticket to be loaded on the smartphone ("E-ticket"). If specifically requested by the Promoter, TicketOne may also provide the user with pick-up at the Event Venue or other place designated by the Promoter for pick-up ("Designated Place") and indicated to the user during the purchase process, prior to the conclusion of the Contract ("Pick-up at the Event Venue").

12.1 Home Delivery

12.1.1 If you choose Home Delivery, the Entitlement purchased on the Site will be sent and delivered to the postal address you provide in the "Address" section of the purchase process.

12.1.2 Home Delivery is by express courier. The times and costs of Home Delivery, which vary, depending on the country of delivery (e.g. Express Courier Italy, Express Courier Western and Central Europe, Express Courier Switzerland, USA and Canada, Express Courier other countries in the world) and the type of Entrance Ticket chosen (e.g. Fantickets) are indicated in the "Shipping Methods" section of the Shopping Cart. The specific costs and times of Home Delivery applied to the specific order are also indicated during the purchase process, before the user transmits the order, and in the case of conclusion of the Contract, in the order confirmation e-mail. Home Delivery will be made on working days, during normal business hours, excluding Saturdays and national holidays. The obligation to deliver shall be deemed to be fulfilled by the transfer of the physical availability or otherwise control of the Entitlement to the Customer.

12.1.3 At the time of shipment, the Customer will be sent an e-mail confirming that the shipment has been taken over by the carrier, which will also contain the shipment code/tracking number by clicking on which the Customer can check the status of the shipment.

12.1.4 Home Delivery is against payment and, unless otherwise provided, the delivery costs are borne by the Customer. The amount of delivery costs due by the user in relation to a specific order is expressly and separately indicated (in Euros and inclusive of VAT) during the purchase process, in the Shopping Cart, in the Order Summary and, in any case, before the user proceeds to the transmission of the order and payment.

12.1.5 The user acknowledges that the acceptance of delivery of the Entrance Tickets is his precise obligation. In the event of non-delivery due to the absence of the recipient, the courier will leave a notice to document the attempted delivery (known as a 'passing notice'). The notice will also contain the contact details at which the user can contact the courier to arrange the return or collect the Entrance Tickets. After the unsuccessful delivery attempt, the Entitlement will be stored by the courier. The user must collect them within 5 calendar days starting from the second day after the day on which the notice was left. In case the user does not collect the Entrance Tickets within this term, the Entrance Tickets will be sent back to TOSC where they will remain at disposal of the Customer who, if he/she wishes, can request to TOSC, contacting it at the addresses mentioned in art. 19 below, a new Home Delivery, upon payment of the relevant costs. In no case, the non-acceptance of the delivery of the Entrance Tickets will result in the termination of the Contract or the right of the Client to request the Collection at the Event Venue.

12.1.6 During the purchase process, before you submit your order, the terms within which TOSC undertakes to deliver the Entrance Tickets subject to your order will be indicated. The delivery terms start from the date of conclusion of the Contract (i.e. the sending of the order), unless otherwise indicated. The delivery term for the specific order will also be indicated in the order confirmation. If no delivery date is specified, delivery shall take place within thirty days from the date of formation of the Contract.

12.1.7 In the event that the purchased Entitlement is not delivered or is delivered late compared to the delivery terms indicated during the purchase process and in the order confirmation, the Customer may report the problem to TOSC, contacting it at the contact details indicated in art. 19 below. TOSC will give feedback to the signalling in the term of 5 days from the reception of the same one. The Client, moreover, according to art. 61 of the Consumer Code, can invite TOSC to make the delivery within a supplementary term appropriate to the circumstances ("Supplementary Term ex art. 61, III paragraph, Consumer Code"). If this additional period expires without delivery of the Entitlements, the user is entitled to terminate the contract ("Termination of Contract ex art. 61, III paragraph, Consumer Code "), without prejudice to the right to compensation for damages. The Customer is not burdened to grant TOSC the Additional Term ex art. 61, III paragraph, Consumer Code ("Excluded Cases ") if:

a) TOSC has expressly refused to deliver the Entitlements;

b) compliance with the delivery deadline indicated during the purchase process and in the order confirmation must be considered essential, taking into account all the circumstances surrounding the conclusion of the contract;

c) the user has informed TOSC, before the conclusion of the contract, that delivery by or on a specific date is essential.

In the Excluded Cases, the Customer, if he does not receive the Entitlements within the delivery period indicated during the purchase process and in the order confirmation, is entitled to terminate the contract immediately, without prejudice to the right to compensation for damages (''Termination of the Contract in Excluded Cases''). The indication of the Supplementary Term ex art. 61, III paragraph, Consumer Code and the communication of Contract Resolution ex art. 61, III paragraph, Consumer Code or of Contract Resolution in the Excluded Cases will have to be communicated by the Client to TOSC at the addresses mentioned in art. 19 that follows.

In case of Termination of the Contract ex art. 61, III paragraph, Consumer Code or Termination in Excluded Cases, TOSC will reimburse the User the Total Amount without undue delay and, however, no later than 15 working days from the day of the Contract's termination, with the modalities indicated in art. 11 above.

12.1.8 It is up to the user to verify the conditions of the Entrance Fee delivered to him. Without prejudice to the fact that the risk of loss or damage of the Entrance Tickets, for reasons not attributable to TOSC, is transferred to the Customer when the Customer, or a third party designated by the same and different from the carrier, materially comes into possession of the Entrance Tickets, it is recommended to the Customer to verify that the Entrance Tickets received refer to the Event for which the Customer has purchased them as well as the correctness of the date, category, type of seats and number of Entrance Tickets received. In case of mismatch between the Tickets received and the purchased ones, the Customer can contact TOSC at the addresses mentioned in art. 19 below. TOSC will reply to the request within the term set out in Article 14 below.

12.1.9 We also invite the Customer to check that the package in which the Entrance Tickets are contained is intact, not damaged, not wet or in any case altered, and we invite the Customer, in his own interest, to indicate on the carrier's transport document, any anomaly, if present, accepting the package with reserve. Receipt without reservation of the Entitlements, in fact, does not allow the Customer to take legal action against the carrier, in the event of loss or damage of the Entitlements, except in the event that the loss or damage is due to fraud or gross negligence of the carrier and except for partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as known and no later than eight days after receipt. In case the package shows evident signs of tampering or alteration, it is recommended to the Client to give prompt notice to TOSC, contacting it at the addresses mentioned in art. 19 below, without prejudice to the provisions of art. 14 below.

12.2 Delivery by Print@home

12.2.1 If you choose Print@home delivery, you may immediately print your purchased Admission Tickets on a standard printer in black and white or colour. If the user, where available, wishes to use this method of delivery, the user must adopt all the technical specifications indicated on the Website, and in particular in the "Print@home Service" area, accessible from the footer of the Website through the link "Frequently Asked Questions", for the printing of the Entrance Tickets. Users are reminded that, in any case, to use the "Print@home" delivery service, they must use a PC on which the "Adobe Acrobat Reader" program is installed and updated to version 7.0.8 or higher and on which any previous versions of the same program have been uninstalled.

12.2.2 The choice of the "Print@home" delivery method may involve a service fee charged to the user, the amount of which is indicated in the "Delivery method" section of the Shopping Cart, as well as in the Order Summary. It does not entitle the user to the issue of the so-called fantickets.

12.2.3 The Ticket Holder who, where available, has chosen "Print@home" as the delivery method, can proceed to the printing of the Tickets immediately after the purchase of the same or subsequently, by accessing, with his credentials, his "My TicketOne" account and clicking on "View Order History".

12.2.4 The access control system will authorize the entry of only 1 Ticket equivalent to a single bar code. Any photocopies and/or fraud deriving from improper use of the same will be prosecuted according to law and will not be attributable to TicketOne or the Promoter. Under no circumstances shall the Promoter allow access to any duplicate Admission Tickets.

12.3 Delivery by E-ticket

12.3.1 If you choose delivery by E-ticket, you can load the digital ticket onto your smartphone without having to print it out.

12.3.2 Choosing the "E-ticket" delivery method may entail the User being charged a service fee, the amount of which is indicated in the "Shipping Method" section of the Shopping Cart as well as in the Order Summary. It does not give the right to the issue of so-called "fantickets".

12.3.3 The Ticket Holder who, where available, has chosen E-tickets as the method of delivery, can access the Admission Tickets immediately after purchasing them or subsequently, by accessing his "My TicketOne" account with his credentials and clicking on "View Order History".

12.3.4 The access control system will authorize the entry of only 1 Ticket equivalent to a single bar code. Any copies and/or fraud deriving from the improper use of the same will be prosecuted according to law and will not be attributable to TicketOne or the Promoter. Under no circumstances shall the Promoter allow access to any duplicate Admission Tickets.

12.4 Collection at the Event Venue

12.4.1 If specifically requested by the Promoter, TicketOne may also make available to the user the pick-up at the Event Venue. In this case, the Ticket Holder may collect the Ticket at the Event Venue or the Venue Provided, only on the day of the Event and only from at least one hour before the beginning of the Event, unless otherwise indicated to the Ticket Holder during the purchase process, before the conclusion of the Contract. The choice as method of delivery of the Collection at the Place of the Event does not involve the charging of any cost to the Customer. It does not entitle the Customer to the issue of so-called fantickets. In order to collect the Entrance Tickets the Customer must show the order confirmation e-mail.

13. Exclusion of the right to withdraw from the Contract

13.1 TOSC informs the Client that, since the Contract has as its object the supply of services related to free time that the Promoter undertakes to provide on a specific date, to the Contract, according to art. 59, I paragraph, letter n) of the Consumer Code, the right of withdrawal provided for in art. 52 of the Consumer Code does not apply. The Customer will therefore not be able to exercise such right in relation to the purchase of the Entrance Tickets.

14. Differences between Input Securities received and those purchased

14.1 Without prejudice to what is provided for in the previous articles, in all cases of difference of the Entrance Tickets compared to those purchased, the Client may contact TOSC at the addresses indicated in art. 19 below. TOSC will reply to the request at the latest within 15 working days from receipt of the same and, in any case, in time to allow the Client to participate in the Event.

15. Admission Tickets and Events

15.1 All Admission Holders must have a valid Admission Pass to enter the Event Venue. The provisions of these Terms and Conditions and all other provisions applicable to you and the provisions applicable to the Event shall apply to them.

15.2 The Admission Ticket is a valid entry ticket only for the Event for which it is issued, on the day and at the time specified therein. The Promoter has the right to refuse access to the Event Venue due to irregularities in the Entry Ticket and to carry out checks on people for security reasons. In the event that the Entrance Ticket is found to have been stolen, duplicated or obtained in breach of these GTC and/or the law, the Entrance Ticket Holder may not be permitted by the Promoter to enter the Venue or may be required to leave the Venue. Admission Tickets issued are not reissued. If the Entrance Ticket has been lost, likewise, access to the Venue will not be allowed. In any case, TOSC will not replace the Entrance Ticket in case it is lost, lost, deteriorated, damaged or destroyed or if the Entrance Ticket has been stolen or is even partially illegible as it was presented by the Customer not perfectly intact.

15.3 TOSC may at any time cancel, upon request of the Promoter and/or of the authorities in charge of protecting public order and safety, for technical and/or organizational reasons different from those mentioned in art. 16 below and, therefore, within an Event that is not cancelled, an Admission Ticket already issued or a purchase order related to an Admission Ticket already made. In such event, the Customer will be entitled to a refund of the Total Amount paid, including the Pre-Sale, Service Charge and Additional Charges, but excluding Home Delivery charges, if the delivery of the Entry Ticket has already taken place at the time of the cancellation of the order and/or Entry Ticket.

16. Postponed or Cancelled Event

16.1 TOSC, as a mere provider of TOSC Services and as a party acting on behalf of the Promoter in relation to the sale of Admission Tickets, is not responsible for any postponement or cancellation of the Event by the Promoter. In case of postponement or cancellation of the Event by the Promoter, TOSC will communicate to the Customer, in the name and on behalf of the Promoter, the initiatives taken by the Promoter in relation to reimbursement or replacement of Admission Tickets related to the postponed or cancelled Event. We remind the Customer that the Promoter, in case of cancellation of the Event, reserves the right to retain the Advance Sale and that, also in this case, TOSC is completely extraneous to the Promoter's decisions. Without prejudice to the fact that the Promoter will be solely responsible for the decision on the possible refund of the Advance Sale, the Client acknowledges, also for the purpose of awareness of his/her purchase decision, that the advance sale fees eventually retained by the Promoter will not exceed 13% of the total price of the Ticket.

16.2 Without prejudice to the provisions of paragraph 16.1 above, in the event of cancellation or postponement of the Event by the Promoter, under no circumstances may the TicketOne customer request reimbursement of the Service Fees and/or the cost of Home Delivery or Delivery by Print@home or Delivery by E-Ticket and/or the cost of the gift box and/or any insurance premiums, if incurred, as these amounts are remunerative for the provision of TicketOne Services by TicketOne and are independent of the subsequent provision of the Event by the Promoter.

16.3 In case of cancellation of the Event, TOSC will refund the Client, according to the modalities and timing decided by the Promoter, only if TOSC has been specifically delegated to do so and to the extent that it has received the necessary funds from the latter. In any case of cancellation and/or postponement of the Event, the Client may in any case apply to the Promoter, in order to enforce all his rights against the same.

16.4 Admission Tickets for cancelled Events cannot be exchanged with admission tickets for other Events.

16.5 If the Event consists of a Festival, the listing on TOSC website of the names of the participating artists has to be considered as an indication, and therefore if one or more artists scheduled as participants do not take part to the Event or are replaced, such non-participation or replacement cannot be considered as a cancellation of the Event, unless the Event is cancelled by the Promoter as a whole.

17. Limitations of Liability and Rights of TOSC

17.1 Except in case of fraud or gross negligence, TOSC cannot be held responsible for expenses and damages, direct or indirect, of any kind, suffered by the Client in relation to the sale of Admission Tickets.

17.2 TOSC reserves the right to withdraw, modify, suspend or interrupt any function or service rendered by the same in relation to the sale of Entry Tickets, where this is necessary or appropriate for technical and/or organizational reasons, without prejudice to the fulfilment of any Contract already concluded.

18.Prohibitions

18.1 Admission Tickets may not be resold for valuable consideration in the context of the professional performance of a commercial activity, even if not organised as a business, without the express consent of the Promoter and in any case where the Promoter specifically prohibits the transfer of ownership on the basis of the principles of nomination.

18.2 Moreover, Admission Tickets cannot be used as a prize for prize events, whether or not they fall within the scope of DPR 430/2001 or for other prize or promotional initiatives (such as, for example, competitions or lotteries), except in the case of prior written authorisation issued by the Promoter or by TOSC, if authorised by the Promoter. The Customer declares that he/she will not use the Entrance Tickets in violation of this provision and undertakes to hold TOSC harmless and indemnified from any damage that may arise from the violation of this guarantee.

19. Assistance and Complaints

19.1 It is possible to ask for information, send communications or forward complaints by contacting TOSC customer service:

- through the website, by accessing the following section: Customer Service ;

- or at the addresses indicated, as well as in art. 2 of these GCS, in the "About us" and "Customer Service" sections of the Website.

19.2 TOSC will respond to complaints by e-mail and / or telephone within the period specified in art. 14 above.

20. Applicable law and Competent Court

20.1 The Contract is subject to Italian law. The application to Consumer users who do not have their habitual residence in Italy is subject to any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence.

20.2 We remind you that in the case of a Consumer user, for any dispute relating to the application, execution and interpretation of these Terms and Conditions or of the Contract, the competent court shall be the place where the user resides or has elected domicile.

21. Alternative Dispute Resolution/On Line Dispute Resolution and Netcomm Joint Conciliation

21.1Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded on the basis of these GTC. ADR Bodies, as indicated in art. 141-bis and following of the Consumer Code), specifying whether or not they intend to use such bodies to resolve the dispute.

21.2 TOSC also informs the consumer user that a European platform for online resolution of consumer disputes has been set up (so-called ODR platform). The ODR platform is accessible at the following address http://ec.europa.eu/consumers/odr/ . Through the ODR platform the consumer will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure for the dispute in which he is involved.

21.3 Finally, TOSC informs the consumer user that, if he/she has submitted a complaint to TOSC, but has not been satisfied with the outcome of the same or has not received a reply within the term specified in art. 19.2 above or, however, within 30 days, he/she can start the joint conciliation procedure established by Consorzio Netcomm and by the Consumers' Associations, to which TOSC adheres. The user can find more information about this procedure as well as the link to the related regulation at http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/Conciliazione-Paritetica.kl . The consumer user can send the application to participate to the Netcomm joint conciliation exclusively by fax to the number 02/87181126 or by e-mail to conciliazione@consorzionetcomm.it.

21.4 The user who resides in a member state of the European Union other than Italy may, in addition, have access, for any dispute relating to the application, execution and interpretation of these GTC, to the European procedure established for small claims, by Regulation (EC) No. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interests, fees and expenses, Euro 2.000,00. The text of the regulations is available on the website www.eur-lex.europa.eu.

21.5 In any case, the rights of the consumer users to refer the dispute arising from these GTC or from the Contract to the competent ordinary judge, whatever the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions are met, to promote an out-of-court settlement of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code, shall remain unaffected.

22. Provisions relating to the period of epidemiological emergency from Covid-19

22.1 During the time of the Covid-19 epidemiological emergency, TOSC adapts its purchasing processes, access to events and reimbursement, which could be subject to limitations and constraints, following both the dynamics of the pro tempore regulations adopted by the Government/Legislator to face it, and the decisions taken by the Promoters on the basis of them. TOSC informs consumers of these continuous adjustments through information published on the Website in the appropriate sections, as well as on the sales page of the single event involved from time to time.

22.2 Should a scheduled event not be held due to the regulatory provisions adopted by the Government/Legislator to deal with the Covid-19 epidemic emergency, the Promoter of the same, pursuant to article 88 of Law Decree no. 18 of March 17, 2020 ('Decreto Cura Italia'), as subsequently amended, may choose, depending on the case, to reimburse the Entrance Tickets purchased for the event not held through vouchers, providing autonomously to the reimbursement operations or through sales channels delegating, therefore, TOSC to the completion of the same. It is therefore highlighted that TOSC is a mere delegated subject, not the subject liable for reimbursement identifiable exclusively in the Promoter of the event for which the reimbursement is requested.